Incident Report
Address
City.
Supplement No
ORIQ
State Zip Code
Officer
Phone Number
(408) 730-7100
Fax Number
Inddenl No
Status
Natum of Call
0 6 1 1 2 0 1 5 0 J C CLBARED BY ARREST
~ocawn
459 PC B U R G L A R Y - C O W R C I A L
c~ty
[ Rep Dlst
Area Beat
1
I
1 2 0 2 E ARQUES AV
F m Dab
SUNNYVALE
To Date Entered by To Time
128
RMS Transfar
2 1
Fmm rime
1 OITlcer
04/22/2006
hrgnment
10:27 - --/ 2- / 2 0 0 6 - - -- 0 4 2
10x27 ) ~ ~ ~ ~ ~ / C R O U C H ~ J O H N
Aubnrnent
PATROL TBUI
Appmvlno Supervisor
#offenses
B SQUAD 2 114455
KIMBERLY
IPATROL TEAM B SQUAD 2
~pproval m T
Succee~ful
I
AppCwrll
~~~~O/BIANCONI,
Oflmse
)04/23/2006
Desaipt~on Desalptkn
10:38:24
Complaint Type Complamt Type
-
1 2
#Ohnws
PC459
PC182
Offense
-
BURGLARY-NONSPECIFIC
I O f f ~ r Offense
CONSPIRACY
Demplion Dsrcnption
Compla~nt Type Cmplarnt Type
PC476 PC496
Onenme
MAKE/PASS F I C T I T I O U S
#Offaus& Offenre
4
# cm e Or aa
RECEIVING STOLEN PRO
Description
PC470
InbINo "pa
FORGERY
I ARR I 1
h i
1 BUSH. JAMES ALAN
Name
MNI
nace
I781360
\W
1I
SOX
vate a a~rm
109/26/1972
-~ve:,'on a rep& of a fraud in progress. Bank representatives were reporting a suspect was attempting to pass a check that was confirmed to be fraudulent after contacting the maker of the check. Representatives described the suspect as being a white male, bald head, mid 208s,6'0", medium build, wearing a white long sleeve shirt and unknown colored pants. This subject was contacted at the counter and identified as James Bush. A second subject and accomplice was later found trying to flee the scene and apprehended. This subject was s Both subjects were found to be in possession of stolen checks, credit identified acards and mail. They both had entered the bank and attempted to pass a fraudulent check made out to Bush. Both subjects were identified by the bank tellers and subsequently arrested for 459 PC, 182 PC, 4-76 PC, 496 PC, 11550 HS, and 11364 HS. This case is cleared by arrest.
Incident Report
06-4121
Supplement No
ORIQ
HOME
Invo(vsrneni
1 (408)753-0399
h r t Type
~ n s r~ o c d o n t
Anert Date
Ansat T
Booking No
Book Date
Book Time
Stabw
ARRESTED ARRESTED 04/22/20,06
DISPO
Cham
11:05:00
06-1195
0 4 / 2 2 / 2006
Cir/
11:30:00
Rap Qlrt
BOOKED
k t
FELONY 1 2 0 2
ARQUES AV
SUNNWALE
I28
~ ~ 4 5 9
ChJ50
\ Levd I Charge Literal F BURGLARY-NONSPECIFIC
Lml
Chargl Litud
21
t
PC182
Charga
F
F
lbval
182 PC CONSPIRACY
L w ~ ChPr~~Uienl
CiwgaL-
PC476
Charoe
MAKE/PAsS
Ch~rgalrtord
FICTITIOUS
PC496 (A)
F
Cowl
RECEIVING STOLEN PRO -
Charge
INVESTIGATION: o Bank located atOn 4/22/06 at approximately 1027 hours, I responded t in Sunnyvale for a check fraud in progress. The reporting party indicated there was a male subject at the teller window attempting 'to pass a fraudulent check. he subject was described as a WMA with a shaved head approximately in his 20's wearing a white shirt, approximately 6 feet tall. PSO Mon$e arrived on scene first and contacted the subject at the teller window inside the bank. I arrived on scene next and 1 assisted PSO Monge with detaining the individual. The bank teller informed us that there was a second individual that came in with him who had already fled the bank prior to our arrival. PSO Monge gave a description of that subject as a HMA wearing a white shirt and athletic type pants. A subject matching that description was contacted at the north side of.the business driveway by LT. Bianconi and PSO Laveroni. (Refer report for details) That subject was later identified as PSO Monge interviewed the bank teller and contacted the victim of the stolen check for a statement. (Refer to PSO Monge's supplemental report for details)
'The subject I contacted at the teller window was identified as James Alan Bush (DOE 9/26/72). 1 informed Bush that he was being detained but not under arrest until we could determine the details of the incident. Bush stated he understood and was cooperative on scene. He gave the following statement on scene regarding the incident.
( Printed At
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Page 2 of 6
Incident Report
06-4121
Supplement No
ORIG
STATEMENT OF SUSPECT (BUSH]: ride to go see a subject by the name B u s h t fhafad given his roommates frien o f who was staying in a hotel roorh;orr5unnyvale Ave. That hotel was later regarding a ident~e as he Pacific Inn. ) told Bush that he that and vehicle. Bush identified another subject that was there a were bad news and they were involved in ( C a ride back to his home at 1220 Tasman Drive #379 in Sunnyvale. Along the way, y s a i d he needed to cash a check but he didn't have two forms of if he would cash it for him. Bush Identification tha were required by the bank. Bank on and a reed to cash the check and they stopped check. The teller asked for his ID Bush and went inside and asked Bush if he could use his phone and and told him to wait while she verified the check. the check was fraudulent and then left to go sit in the truck. Bush asked him where he got it. Bush said he didn't know it was a bad check and told the teller that I he was given it by a friend and was trying to help him out by cashing it for him.
-b.
Sunnvvale Police De~artment
Bush mentioned to me that he is a daily methamphetamine user and "shot up" everyday. He said that he had used at approximately 2100 hours the night before. I could see that Bush was very fidgety the entire time 1 spoke to him and his eyes were red and watery. He said that he had just been arrested recently for being under the influence. He said that he was trying to figure out a way to stop using drugs before the court date in May. his roommate had taken his rental truck without his Bush said tha-nd permission yesterday. He said that they were out all night and he doesn't know what they were out doing. They came back last night really late and unlobtied a bunch of "stuff" out of the truck and into his house. He said that it was a green backpack and something else. He said that there had been nothing in the truck before they took it but now there were all sorts of papennrork behind the seat and inside the vehicle. Bush said that he didn't know the check was stolen and that he was only trying to help out his roommates friend. INVESTIGATIONCONT: Bush nave consent to search both his truck and his residence at 1220 Tasman space # 379. SO Zitnay and Lt. Bianconi performed the search of the residence and vehicle. '(~efer PSO to supplemental report for additional information). also mentioned that he on his laptop computer and his phone of talking about a number of cases where they have defrauded mentioned as someone who he was text messaging about and told to stay away from. PSO Laveroni Informed me that they had found the stolen check book on the person of and we confirmed that the check that Bush had possession of (which was made out to him), was from that checkbook. PSO Monge had contacted the victim of the check theft and she confirmed that she had not written any checks to either party and that they were not allowed to have possession of the checkbook or write checks from it.
Based on the information that the checkbook was stolen, and both Bush and e w e r e both found to be in possession of the stolen property, coupled with the fact that they both entered the
Repal
14455/CROUCE,JOHN
Printed At
04/24/2006
07:42 - Page 3 of 6
Incident Report
06-4121
Supplement No
ORIQ
vehicle, Bush was informed that he was under arrest. I placed him in handcuff restraints which were checked f o ~ proper application and double-locked. I placed Bush in the rear of my patrol vehicle and transported him to DPS HQ.
C
wkt \
While at DPS HQ, I read Bush his Miranda rights from my department issued Miranda form. He stated he understood and invoked his rights and asked for a lawyer. Bush was then placed into a cell and later transported to county Jail. to DPS HQ and I read 0 his Miranda rights from my department PSO Hole transported issued form. He stated e understood them and agreed to speak to ma wncerning the incident. He gave the following information.
&
the first time. He had gone over to Bush's house with s i said that the smoke dope together and of..h during the night and & l invited 0 to come back hang out. fell asleep. Bush said that he didn't really know to the house. When they got to the house that well and told him that he wasn't comfortable with him staying in the house by himself so he asked him to go for a ride with him.agreed to go with Bush and they drove over to re Bush had to meet some guys. These people turned out to be P ci IC Inn i
~rn t out. o Id Bush lthat he would sell irn ~rack in order to d recently and e end@$:-ded mon get the money for the bail. Bush and wor ou ce ~n amount of that he needed to go to the bank to withdraw some money. back at the that he would go by the bank, get the money, drop off trailer with then come back to pick up "the half ounce".
They got back into Bush's truck and they began to drive toward the trailer (Bush's residence). Bush told that he had to stop off somewhere on the way. s a i d that was fine as long as he could get back to the house to take a shower and then get home. Bush pulled into the k I- Bank on . . Bush tried to get a big envelope from behind the seat but couldn't reac I , so e asked to rab it for him. lsais got it and Bush told him to give him the checkbook out of the envelope. said that he also noticed there were a lot of credit cards and paperwork in a box that contained the envelope. Bush told to hold onto the credit cards and to give him the checkbook that was in there. handed Bush the checkbook and Bush wrote out a check. He said that he was going to be in there only a minute, and told to wait in the car. Bush then told-at he changed his mind and because he just met A he didn't want him in the car alone with his laptop. So he told him to come into the bank with him.agreed and Bush gave him the checkbook to hold onto. said that he went into the bank and stood behind Bush in line at the teller window, said it was taking a long time for Bush to get the money so he asked Bush if he could use his cell phone. Bush gave' his cell phone and he he was trying to get "Party Poker" to download on Bush's phone while went outside. -said he waited. The police started to show up ad n' said he didn't know what was going on. He walked around to the front of the bank to look in the window to see what was going.n . o said that he saw police go up to Bush and he got freaked out by it all so he decided to walk away
Repoil OT r tm
Printed At
14455/CROUCH,JOHN
04/24/2006
07:42
Page 4 of 6
Incident Report
north entrance.
Supplement No
ORIQ
) that he was caught with the checkbook and credit cards on h ~ s said person but that was
that he didn't even look at the only because Bush had given it to him to hold on to. -said checkbook and didn't know it didn't belong to Bush. He said that he never looked at it; he just put it in his pocket to hold onto. He said that he suspected Bush was doing something involving stolen mail because he had a bunch of mail that had different names on it in his truck and all @over his house. He said that while he was over - d n Bush's place, he observed a lot of names and addresses on it. Bush would go e credit cards and mail that had all sort t was very secretive about it and wouldn't let through the mail and input data on h computer t ould i ~ p u things on one computer but save it see what he w doing. He said o a different one. also obsetveQas an abnormally large pile of empty said he thought that Bush was taking the credit envelopes on the table inside the house.cards and bank statements from mailboxes and imputing the information on his computer.
"
6
I '
,=
Report Offcar
aid that Bush is known to have lots of money and that Walways has nice things. He said at Bush gives his roommates $500.00 a dayr He said that he has done this to every roommate said that Bush always leaves and $500.00 a day. that he had and currently gives e people. He said that he gives these people comes back with and his past roommates can get a lot of d because he knows that ck fraud or stolen mail. He said that his has gever been apart of a r and her friend ad been involved in For'gery and check frau was in re-hab n ing to get her life back on track. I(lb told her to stay away boyfriend was the one who robbed a bank last week in San from all that stuff becau* has been freaking out and going around to Jose and was caught. He said that since then all these different friends' houses to lay low because the police are after her.said that and are "tight" and wu ' od l never sell outHe stated thathad brought over a bunch of stolen checks and credit cards to their house and given them to , said that he took the check books away from and told her not to get involved in that. He said that he tore them up and threw them away, but explained t h a t i s the one who actively goes out and steals mail and writes bad checks. He said that a' n d were involved in counterfeiting bills and check fraud in the past. sald he has never written a bad check or past a bad check, he said that he stays away from that "scene". are all friends and smoke dope together said that -and Bujh and and that they run in the same circle along with He said the only check seen were from Bank of America and those were the ones given to that he "tore up". implied that the stolen check books and credit cards come from to Bush and it all enters around dope.
I I ) said that is the honest truth and he doesn't know anything about the stolen roperty and stays away from it. -said that Bush had told him that he needed a gun and had observed a paper with two different handguns circled. He said that they looked like "9's". He thought that Bush was going to use the gun for protection because people are always breaking into his house and stealing things. Most likely because everyone says that Bush is supposed to have lots of money and dope around.
Printed At
14455/CROUCH, JOHN
04/24/2006
07 :4 2
Page 5 of 6
Incident Report
06-4121
SupplemenlNo
ORIG
~STIGATIONCONT:
had stated that Bush didn't trust him to stay at his house alone, or in the truck at the bank alone because he was afraid that his expensive things might be stolen such as his laptop. However, he couldn't explain that after all that, why Bush allowed him to hold "his check book and credit cardsn for him and how Bush let him borrow his expensive high end cell phone. And . why Bush allowed him to go "wait" in the truck while he was waiting for the money when he had stated that Bush didn't want him to be around his computer in there. Both Bush anare pointing fingers at each other saying that they didn't have any idea about the crime the other was committing. B o w and Bush were in possession of stolen property and both had entered the bank with the intent on cashing a check that was fraudulent. There is currently an ongoing investigation in progress with this case and more victims to contact. Supplemental reports will be submitted as additional victims and evidence become apparent.
I am requestin this case be sent to the District attorneys office for complaint against James
~ u s hn ad This case is cleared by arcest.
6.
Reportomcar
Printed At
-
144 5 5 /CROUCH, JOHN
04/24/2006
07:42
Page 6 of 6 -
Incident Report Sunnyvale Police Department
Address
Reported Date
700 All America Way
C~ty. Slate ZIPCode
04/22/2006
Nature of Call
SUNNYVALE, CA 94086
Phone Number
459C
Officer
MONGE, FABIAN (408)730-7100
Fax Number
(408)730-7705
WJmv
Report NO
Supplement No
Reported Date
/
I
Sunnyvale Police Department
lncdant Na
Status
06-4121
Natured Call
0001
04/22/2006
Reported Time
13:26
061120150 C CLEARED BY ARREST
Locabon
459 PC BURGLARY-COMMERCIAL I w CW SUNNYVALE 94086
Entered by
1202 E ARQUgS AV
From Date
A p v W Sup~vl=f
Fmm Time
Offcer
R M S Tranafu
04/22/2006-- 13:26
Il Ofhnses
13542/MON~E,FABIAN
Appmval Data
13542
Complaint Te y' p
Successful
Approval Tlme
93738/VIERRA, GARY
Offanre
04/23/2006
20:55:21
Dexnpbon
1
#Offenses
PC459
Offense
BURGLARY-NONSPECIFIC
Description
Complaint Type
PC475(C)
PASS COMPLETED CHECK 1
'
MNI
654556
City
Report Omcer
Prlntsd At
13542/MONQE, FABIAN
04/24/2006 07:42
l ~ a g e1 of-4
Incident Report
Sunnvvale Police Deoartment
DewipUon
06-4121
Supplement No
0001
h r s o n a l check from a n k
Tvo
Cat
1 Art#~
NEGOTIONABLE DOCS
I Dispo Date
) CHECKS ( $1,5 90 .00
-m Vdue
.-
1 NOT
Rcv Damage
APPLICABLE
lvllC'lL
BankOn 04/22/06 at approximately 1027 hours I responded to the area of on a report of a fraud in progress. Bank representatives were reporting a suspec was attempting to pass a check that was confirmed to be fraudulent after contacting the maker of the check. Representatives described the suspect as being a white male, bald head, mid 20's, 6'0", medium build, wearing a white long sleeve shirt and unknown colored pants. On 04/22/06 at approximately 1029 hours I arrived on scene and entered the bank where I located a male subject matching the description standing in the far south east portion of the bank. I contacted the subject, who was later identified as James Bush, and I asked if 1 could speak to him while waving him away from the front counter. Bush agreed and walked over to my position. I asked Bush if he was trying to cash a check. Bush advised yes he was trying to cash a check that a friend had asked him to cash. Bush advised a friend named had provided the check due to the fact he did not have a bank account and no identification. payment of an unidentified vehicle. According to Bush, the check was provided to-or I asked Bush where was at this time and he stated he had stayed inside Bush's rented white pickup truck which was parked in the south parking lot of Bank. l looked outside and did not see any persons sitting inside the described white pickup truck. Bush provided me with a description of "which was immediately provided to the responding units. After interviewing Bush I contacted -presentative following detailed account of the incident.
9 who -
provided the
On 04.122106 at approximately 1020 hours a white male subject, later identified as James Bush, had entered the Bank and attempted to cash a check. According t o, Bush tified dark skinned male who during the investigation was was occurnpanie=d Bush attempted to cash a personal check, from ' . eventually identified as by submitting the check, personal California drivers license, and a credit card (second procedure, checked the account in question and saw form of identification). -following that the check numbers were out of sequence and the signature did not match the account e t signature was cut off on the last name and was missing the holders. According o middle name. While checking the computer noticed the dark skinned male was
I Repod ON-
. . .., .-. . . .
1 1 3 5 4 2 / M O N ~ ~ ,FABIAN
)04/24/2006
0 7 142
---
1 page
I
2 of 4
Incident Report
Sunnvvale Police Deoartment
06-4121
Supplement No
0001
Following procedure, , d l la e c the account holder; d s not write the check and did not know who James Bush was. asked check was then a stolen check and she answered "yes". wanted to be done, i.e. call the police to report the incident, she advised protocol.
sfle did if the what she to follow' bank
advised her supervisor, of the situation and to call the police to report the incident. Thereafter,re ume o the counter and attempted to stall Suspect Bush by advising him that she awakened the customer at home. The customer was going to call back in two minutes in order to allow time review her check book. ( purposely kept Bush's drivers license and credit card in order to keep him waiting. she doesn't remember writing the check?" Bush Bush responded by asking -what dr; e added, "Can you just call my cell phone and let me know what she says?" ;= by asking Bush to sit down in the lobby and wait for a phone call back from advised immediately asked if there was a bathroom in the building that he could use. no and to just wait patiently. Bush stood standing near the counter until the arrival of the police. InvestisationContinued:
t,
While interviewing I was advised by units on scene that a male was stopped in the parking lot who matched the description of the outstanding subject. A field show up was conducted, but prior to the field show u I admonished per the field admonishment card. The subject, later identified as b a s standing at the north entrance to Wells Fargo Bank as-xited and walked north in the parking lot. From a distance of looked at the subject detained and approximately 40' feet, unobstructed view, immediately said, "Ya, that's him. I can tell by his face and clothes they811 match". advised the male subject was the same person who had initially occumpanied Bush into bank. After the positive identification I contacted Victim her detailed account of the incident.
-4
*
In late March to early April, ordered new checks via an online bank service and requested they be shi ped to er listed address of From was out of state and was unable to check her mail. April 10 to April 18 husband was to periodically check for incoming mail but never received the ordered checks.
5
Upon returning from her trip was not able to locate the ordered checks which were to take 7 to 10 days for processing and shipping. According to the last and highest numbered checks she wrote or ever possessed was #2050. 'The new order was supposed to commence with check number #2051.
I advise
Rmport Olfrar
--
via telephone and obtained
at af8dditional check had been written to an unidentified female named
Printed At
13542/MONGE, FABIAN
04/24/2006 07:42
Page 3 of 4
San Jose.
Incident Report
06-4121
SupplementNo
0001
Sunnvvale Police Department
for an amount of $290.00. 'The check was cashed at a h was and she did not write the advised she does not know w-
check.
later contacted San Jose Police to report the theft of checks and mail from her listed The San Jose Police case number is 06-1 12-0602:. lnvestiaationContinued After obtainingthe check order which stated the check order Bank officials and inquired about statement 1 re-contacted -made at the beginning of the month. Bank officer shipped via regular mail toresidence on April 7.
Attach the above supplemental report to PSO Crouch's full criminal report.
Repod OKmr
13542/MONG~, FABIAN
Pnnted At
04/24/2006
07:42
1 Page
4 a 4
000000010
Incident Report Sunnyvale Police Department
Address
Supplement No
0002
Repotted Date
700 All America Way
City, Slate Zip Code
04/22/2006
Nature of Call -Ilk6 .-:*'
SUNNWALE, CA 94086
Phone Number
459C
m r
LAVERONI, ANDREW (408)730-7100
Fax Number
(408)730-7705
Agency Reput NO Supplement No Reported Date ~epolted ]me 1
Sunnyvale Police Department
lnadent No Locstlon Status"
06-4121
Nature of Call
0002
04/22/2006 ------
13:40
1
5
061120150 C CLEARED BY ARREST 1202 E ARQUES AV
Are@ B a t
From Date From Thne To Date
459 PC BURGLARY-COMMERCIAL
( city
ZIP Code
Rep Dbt
1 SUNNYVALE
-
94086
Entered by
28
To Time AM~gnment
2
Offiir
2 04/22/2006
10:20
04/22/2006 10:27
RMS Transfer
Appro~n0 SUWSW
I
14461/LAVERONI, ANDREW ---Aulgnment
PATROL TEAM B SQUAD 2
I
14461 04/23/2006
I
Approval Date
r
X
PATROL TEAM B SQUAD 2 10:37:33
~ -
Successful
12270/BIANCON1, KIMBERLY
Narrative
Approval Time
I
Complaint ~ G s & ( d
L O f f d l l ~ s Ofienw
Evidence Suknitted
Evldsncs
X
Dwaiption Desciiptbn
X
Complaint Type Complaint Type Complaint Type Complaint Typa Ccmdaint T v w
-
1
# Offenses
PC459
Offenre
BURGLARY-NONSPECIFIC RECEIVING STOLEN PRO
CWuiptbn
2
#Menses
PC496
Onenso
3
1 # Ofimses
PC182
Onense
4
I Offenses
1~~11364
I
Wmse
--.
CONSPIRACY
DercrioUon
POSS CONTROLLED SUB
Dad~lion
SUPPLEMENTAL REPORT:
~ ~ 4 5 9
Charge
F
Level
-
BURGLARY-NONSPECIFIC
Charge Uteral
PC496 (A)
Charge
F
Level
RECEIVING STO.LEN PRO
Charge Literal
PC182
Report Wc r ie
182 PC CONSPIRACY
printed ~t
1446~/LAVERONI,ANDREW
04/24/2006 07:42
Page 1 of 3 -
Incident Report Sunnyvale Police Department
Charge Level
-
Charge Literal
HS11550 (A)
UNDER INFLUENCE CONT
Charge Literal
1~ ~ 1 1 3 6 4
Charne
. .
1M
Level
-1- 1
- - --
POSS CONTROLLED SUB
INVESTIGATION:
On 4/22/06 at approximately 1027 hours I responded to a check fraud in progress at Wells Fargo Bank located at 1202 E. Arques. Prior to my arrival, PSO Monge and PSO Crouch were on scene, and they had one suspect detained. Upon my arrival, I drove into the parking lot from the South entrance. As I exited my vehicle l observed a HispaniclBlack Male Adult wearing a light Gray sweatshirt, with a multi colored jacket (redlbluelwhite), and jeans standing near the Southeast comer of the Bank. The subject appeared nervous, as he paced to his left and then to his right. The subject then looked up and saw my vehicle, and he instantly tumed his head away in an attempt to avoid eye contact. I walked to the South entrance of the Bank and PSO Crouch advised me that there was another suspect with the one he had detained, and he was last seen with a light colored shirt. I instantly walked to the Southeast corner of the Bank to contact the nervous subject that was on scene when I arrived. I observed the subject walking Northbound towards the North entrance of the Bank. LT. Bianconi and I conducted an investigative stop on the subject (later identified as at the North entrance of the Bank. l explained to lsais that I was investigating a check very nervous as fraud case at the Bank. stated "I just went to the ATMn his head and arms twitched about with nervous tics. I pupils were constricted to pinpoints, and the whites of his eyes were bloodshot. was wearing blue jeans, and I observed his front pockets were bulging. lsais was also wearing a baggy sweatshirt and clothing, bulging windbreak r over it. Based on -baggy kets, and nervous behavior I asked for consent to search him for weapons or drugs. consented by stating 'Yeah, go aheadw. During the consent search, I found a glass pipe containing a white powdery residue in the left front pant pocket of Isais. When I asked what the pipe was for he stated "Yeah, I smoke a little, I'm just a dope fiend". I asked had recently smoked methamphetamines, and he stated a~~roximatelv minutes aao he went behind the Hel~-U20 Sell building and he smoked prior to $bing to the ATM. I placedwlsais in handcu s checked the As I continued my search of l found a miscellaneous mail, and credit cards that did not mail, and credit cards were in his possessio belongs to my friendsn. I then detained patrol vehicle. I collected all items found on person during my search and placed it in a clear plastic bag. I then gave this property to CSI Zitnay as evidence. (see CSI Zitnay's report for detarls).
&
I contacted PSO m n g e in the Bank, and he advised me that he contacted the Victim-whose check was the one attempting to be passed by suspect Bush. PSO Monge related thatand PSO Crouch's suspect (James Bush) did not have permission to havecheckbook and 0 did not write them a check. PSO Monge also related that the RP related that both and Bush entered the Bank together, and Bush proceeded to attempt to pass the stolen check. PSO Monge conducted a field show up with the reporting party, and 0 successfully identified as Bush's accomplice (See PSO Mange's report for details).
Based on
m being in possession of a stolen checkbook,
Printed At
and his entry into the Bank with Bush
I
04/24/2006 07:42
Page 2 of 3
Incident Report
stolen properly, b"rglary, and conspiracy to commit burglary. Due t o w s possession of a was additionally charged with glass pipe commonly used for smoking methamphetamines, possession of drug paraphernalia. PSO Hole then transported to Sunnyvale HQ.
At Sunnyvale HQ, I contacted*
PULSE - 104 1st BPM:
and conducted FST's and obtained the following results.
2nd BPM: 106 RhomberaStand: estimated 18 seconds had passed after 30 seconds had actually passed. arvcomparison: pupils were constricted to approximately 2.5 mm and non-reactive to light when direct light was introduced. Horizontal Nvstanmus: Not observed. Vertical Nystanmus: Not observed. Non-Convergence: Not observed. Based o n objective signs and symptoms of being under the influence of a controlled substance, and my training and experience, l determined - ; was under the influence of a ) controlled substance. was additionally charged with 11550 HS. I contacted Licensed who' arrived and administered a blood test on Medical Technologist The blood was packaged and placed in the jail refrigerator.
.i ,
CY*
Supplement No
Incident Report
Sunnyvale Police Department
Address
Clty,
0003
Reported Date
700 All America Way
State ZIP Code
04/22/2006
Nature of Cl al
SAE -L,
Phone Number
CA
94086
459C
Otricer
CROUCHIJOHN (408)730-7100
Fax Number
(408)730-7705
Loatm Offcer
1202 E A R Q W S AV RMS Transfer
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1 ID No
I OLS
lnvdvsment
a
1 State
nnnnnnni
Incident Report
I STOLEN AND
RECOVERED
yes.
1 304917 6
to the Salvation Army
Brand
C Pkcss
1 $250.00
1
1 Rcv CIW
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1
Beat
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BOFW
I
1 SUNNWALE 1 I
Ram
I RODD i
Sex
I Date of BLth
Item lnvdvernenl
STOLEN AND RECOVERED
' Da+aip(kn
United milelase Plus v i s a sisnature credit card
Rep Dist Beat
'loml VIC 1 Lhk I lnvdvment 1 Link I In-nt
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2
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lnvi No
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1I -' 1 Ne am
I lnvl No
11 OWNlnvolvsment I OTH ltsm I
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Bank of the west Check made out Typ 1 Cat 1 Artide
A CURREXCY, NEGOTIONABLE DOCS
1 Brand CKECKS BOFW
Value
$1,100.00
I # Pieces I
SUPPLEMENTAL: On 4/23/06 at approximately 1200 hours, I conducted follow up on determining the status of
Report Orfi-r Printed At
14455/CROUCH,JOHN
04/24/2006
07 r 4 2
Paae 2 of 3
Incident Report
Sunnvvale Police De~artment
- - ...-
had found numerous pieces of mail with names and addresses other than that of the suspects in f. Two checks that were found insid Bush's vehicle, Bush's vehicle and on the erson oIcontactem n and to the Salvation Army from were made out to a e p n d he gave the following statement.
STATEMENTOF VICTIM ( sends him checks every so often usually in the amount of ated that his fathe .00.He said that his father will go online and authorize the bank to send the checks directly to the individual. *elated that he and his father live at the same address and so the said that he never received the check in the mail and believes it check is sent to the house. was stolen out of his mail box. p s a i d that he did not authorize anyone else to be in said he is willing to be listed as a victim of the theft of possession of it and reports it s olen. that check.
-stated that he had authorized the Bank of the West to send two checks to the residence one issued to his son and the other issued to the Salvation Army. He said that the checks never came to the residence and he did not give authorization to anyone other than the payee listed on the check to have them in their possession.
INVESTIGATIONCONT: We also located two credit cards in the possession of at the time of contact. The credit cards had thebname o n - ' f them. I contacted both subjects and they gave the following statements regarding the status of those cards. STATEMENTOFC 1I V :-IT ted tha as not aware of any mail items stolen from her box but said t h a m and f o=e r a - United Airlines frequent flier program and they often get promotional offers for mileage credit cards in the mail.said that she did not give authorization to anyone to have those cards in their possession and believes that they were stolen from her mailbox. -said t h a t e l s o did not give anyone permission to activated the credit card accounts.wishes to be listed as a victim of the theft of the cards. STATEMENTOF V I C ' ~ ~ _ie )d I z r anyone to have those cards in their possession and did not authorize the activation of any of those accounts. m l s o believes that the cards were stolen out of their mailbox and wants to be listed as a victim of the theft.
All the above victim's were advised to contact San Jose Police to file separate theft reports.
Report Omcw
Pnnted At
14455/cROUC~, JOHN
04/24/2006
07:42
Page 3 of 3
Page
of
DEPARTMENT OF PUBLIC SAFETY
SUNNYVALE, CALIFORNIA
CASE NO.
PROPERTY REPORT
Check 0ne:"ALL FIREARMS REQUIRE NOTICE OF RIGHTS FORMS
dvidence rV 0 Lost Offense '
O Search Warrant
0 Stolen
C~vil
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0 Under Observat~on
0 Disposal
0 12028.5 PC (Domestic Violence )
Employee No. Divismn Date
Status
Felony Officer
0 N.0 C.
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isd demeanor
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are recovered stolen property
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Date
6=VICTIM
PROOF OF
REP"IREDw
LOCATION OF ITEM@) PS Property Locker
PS Small Sally (3 Left wI0wner (3 DPS Photo File o Digital Photo File (3 Other
Location Date
Rcvd sealed
Type of package
bv PSO? Court Order Attachedo
'SAFEKEEPING' PROPERTY: You are hereby notified that items bken in as 'Safekeeping' will be in amr; uance -..'" ---- mm "me le , - -California Civil W. vou do not
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make arrangements to retneve them wtth~n 60days
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City Ok SUNNWALE DEPAETMENT 0.F PUBLIC SAFETY
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NAME: I
MIFANDA ADMONISHMENT
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You have the right to remaln slient. Do you understand? Anything you say may be used against you I n court. Do ye!. frnderstand. . . that?
You have the right to the presence of an attorney before a n d during ahy questioning. DO you u~lderstand?
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If you cannot afford to hire an attorn y, one will be appolntect f o r you, free of charge, before any questioning. Do you understand?
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I f you desire an express waiver, ask a "yes" or "no" question, s u c f ~as:
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Do you want t o talk. about what happened? Do you want t o tell your side. of the story? Do you want t o go a h c a d and talk t o me?
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Defendant's Signature
Date:
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-Badge #
Ity OF SUNNYVALE DEPAR 'MENT OF PUBLIC SAFETY
CASE #
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NAME:
MIF4N.DA ADMONISHMENT
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You have the right to resxialnsllent. Do you understand?
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Anythlng you say may I?c used against you In court. Do you imderstand . that? You have the right t o the presence of an attorney before a n d -irlring any questioning. Do you ur :erstand?
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If you cannot afford to hire an attorney, one wlll be appointed f o r you, free of charge, before any questioning. Do you understand? * ,
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If you desire an express waiver, ask a "yes" or "no" question, such
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Do you want t o talk abo:lt what happened? Do you want t o tell your side of the story? Do you want t o go ahead and talk to me?
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County of Santa C h n
offka of tho District Attorney 1557 Berger Dr., S u b 5 2 San Jose, Wlfomla 85112
Crlnw-tOW
Physiological Speclnwn Request ( P m hard and pdnt
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(soe) 2882224
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STATUS. RECEIPT OF COPY OF PRE BOOKING INFOR~L~TION 5
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