police report from bogus arrest

Incident Report Supplement No ORIQ

I hi I InbINo "pa 1 Name ARR 1 BUSH. JAMES ALAN

Address

City. State Zip Code

Officer

Phone Number

(408) 730-7100 Fax Number

Inddenl No Status Natum of Call

061120150 J C CLBARED BY ARREST 459 PC BURGLARY-COWRCIAL

( MNI nace SOX vate a a~rm

I 781360 \ W 1 I 109/26/1972 ( 1

-~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 identified as- Both subjects were found to be in possession of stolen checks, credit cards 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, 11 550 HS, and 11364 HS. This case is cleared by arrest. a

Beat 1 Area ~ocawn c~ty

1202 E ARQUES AV

[ Rep Dlst

2 1 SUNNYVALE 128 / 2 To Time 1 OITlcer F m Dab Fmm rime To Date I 10x27 ) ~ ~ ~ ~ ~ / C R O U C H ~ J O H N 04/22/2006 10:27 - - -- - 04 /22 /2006 -- -

hrgnment Entered by Aubnrnent RMS Transfar

PATROL TBUI B SQUAD 2 114455 IPATROL TEAM B SQUAD 2 S u c c e e ~ f u l I Appmvlno Supervisor AppCwrll

~~~~O/BIANCONI, KIMBERLY )04/23/2006 ~pproval T m

10:38:24 I

--

#Ocrmaea Onenme Description 5 PC470 FORGERY

Complaint Type

Complamt Type

Compla~nt Type

Cmplarnt Type

Desaipt~on BURGLARY-NONSPECIFIC Desalptkn

CONSPIRACY - Demplion

MAKE/PASS F I C T I T I O U S Dsrcnption

RECEIVING STOLEN PRO

#offenses 1

I O f f ~ r 2

#Ohnws

3 #Offaus&

4

Oflmse PC459 Offense PC182 -- Offense PC476 Offenre

PC496

Incident Report 06-4121 Supplement No

ORIQ

INVESTIGATION: On 4/22/06 at approximately 1027 hours, I responded t o Bank located at- - in Sunnyvale for a check fraud in progress. The reporting party indicated there was

t

HOME 1 ( 408 )753-0399

~ ~ 4 5 9 ChJ50 PC182 Charga

PC476 Charoe

PC496 (A)

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, I

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

Stabw

Charge Cowl Ch~rgalrtord

F L m l F

L w ~ F lbval

F

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)

Book Time

BURGLARY-NONSPECIFIC Chargl Litud 182 PC CONSPIRACY C h P r ~ ~ U i e n l MAKE/PAsS F I C T I T I O U S CiwgaL-

RECEIVING STOLEN PRO -

'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.

Book Date Booking No 11:30:00 0 4 / 2 2 / 2 0 0 6 -

Ansat T i Invo(vsrneni

( Printed At

04 /24 /2006 07:42

BOOKED 06-1195

of 6

11:05:00 ARRESTED h r t Type

k t

21

Anert Date

Cham \ Levd I Charge Literal

Cir/ Rap Qlrt

SUNNWALE I 2 8 / DISPO FELONY

ARRESTED ~ n s r t ~ocdon 1202 E ARQUES AV

04/22/20,06

Incident Report 06-41 21 Supplement No ORIG

Sunnvvale Police De~artment

STATEMENT OF SUSPECT (BUSH]: B u s h t fhafad given his roommates frien ride to go see a subject by the name of- who was staying in a hotel roorh;orr5unnyvale Ave. That hotel was later ident~ e as he Pacific Inn. ) told Bush that he regarding a vehicle. Bush identified another subject that was there a that and - 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 Identification tha were required by the bank. if he would cash it for him. Bush a reed to cash the check and they stopped Bank on m and - b. Bush and - went inside and check. The teller asked for his ID and told him to wait while she verified the check. asked Bush if he could use his phone and then left to go sit in the truck. Bush the check was fraudulent and

asked him where he got it. Bush said he didn't know it was a bad check and told the teller that he was given it by a friend and was trying to help him out by cashing it for him. I

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.

Bush said tha-nd his roommate , had taken his rental truck without his 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 to PSO 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 m 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

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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.

PSO Hole transported to DPS HQ and I read 0 his Miranda rights from my department 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 of his.. said that the smoke dope together and

hang out. during the night and l& invited 0 to come back to the house. When they got to the house fell asleep. Bush said that he didn't really know

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

P ci IC Inn i re Bush had to meet some guys. These people turned out to be

end@$:- ded mon ~ r n out. t o l d ~ e ~ ~ Id Bush that he would sell irn rack recently in order and to 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. that he would go by the bank, get the money, drop off back at the

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 went outside. -said he was trying to get "Party Poker" to download on Bush's phone while he waited. The police started to show up and' 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 on.. said that he saw police go up to Bush and he got freaked out by it all so he decided to walk away

Repoil OtTmr 14455/CROUCH,JOHN -

Printed At

04 /24 /2006 07:42 of 6

Incident Report Supplement No

ORIQ

north entrance.

) said that he was caught with the checkbook and credit cards on h ~ s person but that was only because Bush had given it to him to hold on to. -said that he didn't even look at the 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 -nd Bush's place, he observed a lot of

credit cards and mail that had all sort e names and addresses on it. Bush would go , " through the mail and input data on h computer t was very secretive about it and wouldn't let

see what he w doing. He said ould i ~ p u t things on one computer but save it o a different one. 6 also obsetveQas an abnormally large pile of empty envelopes on the table inside the house.- said he thought that Bush was taking the credit cards and bank statements from mailboxes and imputing the information on his computer.

I '

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

that he had and currently gives $500.00 a day. said that Bush always leaves and comes back with e people. He said that he gives these people because he knows that and his past roommates can get a lot of d has gever been apart of a ck fraud or stolen mail. He said that his

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

from all that stuff becau* boyfriend was the one who robbed a bank last week in San Jose and was caught. He said that since then has been freaking out and going around to all these different friends' houses to lay low because the police are after her.- said that

and are "tight" and 'would never sell out- ,= He stated that- had 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

and' 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". said that -and Bujh and r are all friends and smoke dope together 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.

II) 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.

of 6 Report Offcar

14455/CROUCH, JOHN Printed At

04/24/2006 07 : 42

06-41 21 Supplemenl No

Incident Report ORIG

~ S T I G A T I O N C O N T : 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 an- are 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 h and-

This case is cleared by arcest. 6.

Reportomcar

14 4 5 5 /CROUCH, JOHN

- Printed At

-- 04/24/2006 07:42 Page - 6 of 6

Incident Report Sunnyvale Police Department

Address Reported Date

' MNI

654556 City

700 All America Way 04/22/2006 C~ty. Slate ZIP Code Nature of Call

SUNNYVALE, CA 94086 459C Officer

MONGE, FABIAN Phone Number

(408) 730-7100 Fax Number

(408) 730-7705

Reported Date / Reported Time

04/22/2006 1 13:26 WJmv Sunnyvale Police Department

Report Omcer

13542/MONQE, FABIAN Prlntsd At I

04/24/2006 07:42 l~age 1 of 4 -

Report NO

06-4121 Supplement No

0001 Natured Call I

459 PC BURGLARY-COMMERCIAL I lncdant Na

061120150 Status

C CLEARED BY ARREST

94086 Entered by RMS Tranafu

13542 Successful

Locabon w CW 1202 E ARQUgS AV SUNNYVALE

A p v W Sup~vl=f 93738/VIERRA, GARY

From Date Fmm Time

04/22/2006 -- 13:26 Appmval Data

04/23/2006

Offcer 13542/MON~E, FABIAN

Approval Tlme

20:55:21 Il Ofhnses

1 #Offenses 2

-- Dexnpbon BURGLARY-NONSPECIFIC Description

Offanre

PC459 Offense

PC475(C)

Complaint Type'

Complaint Type

PASS COMPLETED CHECK 1

Incident Report 06-4121 Supplement No

0001

Sunnvvale Police Deoartment

DewipUon

hrsonal check from -ank . -- Tvo Cat 1 A r t # ~ -m Vdue / Rcv Damage

NEGOTIONABLE DOCS ) CHECKS ( $1,5 9 0 .0 0 1 NOT APPLICABLE I Dispo Date I

On 04/22/06 at approximately 1027 hours I responded to the area of Bank-

lvllC'lL 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. According to Bush, the check was provided to-or payment of an unidentified vehicle.

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 9 who provided the - following detailed account of the incident.

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 to-, Bush was occurnpanie=d tified dark skinned male who during the investigation was eventually identified as 6 Bush attempted to cash a personal check, from '.

by submitting the check, personal California drivers license, and a credit card (second form of identification). -following procedure, checked the account in question and saw that the check numbers were out of sequence and the signature did not match the account holders. According to-e signature was cut off on the last name and was missing the middle name. While checking the computer noticed the dark skinned male was I Repod ON- I I . . . . , .- . . . .

1 1 3 5 4 2 / M O N ~ ~ , FABIAN ) 0 4 / 2 4 / 2 0 0 6 07 142 1 page 2 of 4 I ---

Incident Report 06-41 21 Supplement No 0001

Sunnvvale Police Deoartment

Following procedure, ,called the account holder -;sd sfle did not write the check and did not know who James Bush was. if the check was then a stolen check and she answered "yes". asked what she wanted to be done, i.e. call the police to report the incident, she advised to follow' bank protocol.

advised her supervisor, t, 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.

Bush responded by asking -what she doesn't remember writing the check?" Bush added, "Can you just call my cell phone and let me know what she says?" =;;red by asking Bush to sit down in the lobby and wait for a phone call back from immediately asked if there was a bathroom in the building that he could use. advised no and to just wait patiently. Bush stood standing near the counter until the arrival of the police.

Investisation Continued:

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 approximately 40' feet, unobstructed view, - looked at the subject detained and 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 via telephone and obtained her detailed account of the incident.

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 April 10 to April 18 4 was out of state and was unable to check her mail. - 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 at af8dditional check had been written to an unidentified female named

Rmport Olfrar

13542/MONGE, FABIAN Printed At

04/24/2006 07:42 -- Page 3 of 4

Incident Report 06-4121 Supplement No 0001

Sunnvvale Police Department - for an amount of $290.00. 'The check was cashed at a San Jose. advised she does not know wh- was and she did not write the 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:.

lnvestiaation Continued

After obtaining- statement 1 re-contacted Bank officials and inquired about the check order which -made at the beginning of the month. Bank officer stated the check order shipped via regular mail to- residence on April 7.

Attach the above supplemental report to PSO Crouch's full criminal report.

Repod OKmr Pnnted At 13542/MONG~, FABIAN 04/24/2006 07:42 1 Page 4 a£ 4

000000010


Address

700 All America Way City, Slate Zip Code

SUNNWALE, CA 94086

Phone Number

(408) 730-7100 Fax Number (408) 730-7705

Supplement No

0002

Repotted Date

04/22/2006 Nature of Call -Ilk6 .-:*'

459C m r

LAVERONI, ANDREW

- I I

Approval Time r 10:37:33

Agency

4 1 ~ ~ 1 1 3 6 4 - .-

I Offenses I Wmse

Reput NO

~ - - I

1 POSS CONTROLLED SUB D a d ~ l i o n Ccmdaint T v w

Sunnyvale Police Department 06-4121 0002 04/22/2006 ------ 13:40 1

Complaint ~&G(sd

X

SUPPLEMENTAL REPORT:

Supplement No Reported Date ~epolted 1 ]me

lnadent No

061120150

Evidence Suknitted

x

Status"

C CLEARED BY ARREST Nature of Call

459 PC BURGLARY-COMMERCIAL

~ ~ 4 5 9 Charge

PC496 (A) --

Charge

PC182

5

Evldsncs X

L O f f d l l ~ s

1 # Offenses

2 #Menses

3 1 # Ofimses

Report Wicer printed ~t

R e p Dbt

28 / Locstlon ( city 1202 E ARQUES AV 1 SUNNYVALE

Narrative I

X Complaint Type

Complaint Type

Complaint Type

Complaint Typa

F Level

F Level

F

144 6 ~/LAVERONI, ANDREW

ZIP Code

94086

Ofienw

PC459 Offenre

PC496 Onenso PC182 Onense

--

BURGLARY-NONSPECIFIC Charge Uteral

RECEIVING STO.LEN PRO Charge Literal

182 PC CONSPIRACY

Dwaiption

BURGLARY-NONSPECIFIC Desciiptbn

RECEIVING STOLEN PRO CWuiptbn CONSPIRACY DercrioUon

-- - 04/24/2006 07:42 Page 1 of 3

Are@

2 --

From Date

04/22/2006 To Date

04/22/2006 B a t

2 Off i i r

14461/LAVERONI, ---- ANDREW

From Thne

10:20 To Time

10:27 AM~gnment Entered by

PATROL TEAM B SQUAD 2 14461 Approval Date

04/23/2006 Aulgnment

PATROL TEAM B SQUAD 2 RMS Transfer

Successful Appro~n0 SUWSW

12270/BIANCON1, KIMBERLY

Incident Report

1 ~ ~ 1 1 3 6 4 1 M POSS CONTROLLED SUB I . .

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.

Sunnyvale Police Department

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 fraud case at the Bank. stated "I just went to the ATMn very nervous as his head and arms twitched about with nervous tics. I pupils were constricted to pinpoints, and the whites of his eyes were bloodshot. m was wearing blue jeans, and I observed his front pockets were bulging. lsais was also wearing a baggy sweatshirt and windbreak r over it. Based on -baggy clothing, bulging kets, and nervous behavior I asked d 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 20 minutes aao he went behind the Hel~-U-

Charge

HS11550 (A) -

Charne

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 that- and PSO Crouch's suspect (James Bush) did not have permission to have- checkbook 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).

Level

M Level

Charge Literal 1

UNDER INFLUENCE CONT 1 -- -- -

Charge Literal -1- - - --

Based on m being in possession of a stolen checkbook, and his entry into the Bank with Bush Printed At

04/24/2006 07:42 I

Page 2 of 3

Incident Report

stolen properly, b"rglary, and conspiracy to commit burglary. Due t o w s possession of a glass pipe commonly used for smoking methamphetamines, was additionally charged with possession of drug paraphernalia. PSO Hole then transported a to Sunnyvale HQ.

At Sunnyvale HQ, I contacted* and conducted FST's and obtained the following results.

PULSE - 1st BPM: 104 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 Medical Technologist . who' arrived and administered a blood test on The blood was packaged and placed in the jail refrigerator.

.,i CY*


Address Reported Date

04/22/2006 Nature of Call 459C Otricer

CROUCHIJOHN

Supplement No

0003

700 All America Way Clty, State ZIP Code

S-ALE, CA 94086

Phone Number

(408) 730-7100 Fax Number (408) 730-7705

Loatm

1202 E ARQWS AV -- Offcer

- - . - RMS Transfer

I

Tvw 1 ID No I OLS 1

lnvdvsment

a

1 State 1

nnnnnnni A

Incident Report

I STOLEN AND RECOVERED yes. 1 3 0 4 9 1 7 6 1 $ 2 5 0 . 0 0 I to the Salvation Army

Brand C Pkcss

BOFW 1 .-

1 Rcv CIW I ROD D i 1 Beat I 1 SUNNWALE I

1 Ram I Sex I Date of BLth

Item lnvdvernenl

2 STOLEN AND RECOVERED ' Da+aip(kn United milelase Plus visa sisnature credit card

Rep Dist Beat

'loml VIC 2 1 ' I I I I I I - 1 Lhk I lnvdvment 1 lnvi No 1 Name-

I I - 1 Link I In-nt I lnvl No 1

1 OWN I OTH 1 1 ltsm I lnvolvsment Value

$ 1 , 1 0 0 . 0 0

Bank of the west Check made out - Typ 1 Cat 1 Artide 1 Brand I # Pieces I

I A CURREXCY, NEGOTIONABLE DOCS CKECKS BOFW I I I I

SUPPLEMENTAL: On 4/23/06 at approximately 1200 hours, I conducted follow up on determining the status of Report Orfi-r 14455/CROUCH, JOHN

Printed At r 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 Bush's vehicle and on the erson of-. Two checks that were found insid Bush's vehicle,

were made out to a e n and to the Salvation Army from p n d he gave the following statement.

6 I c o n t a c t e m

STATEMENTOF VICTIM ( ated that his fathe sends him checks every so often usually in the amount of .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 check is sent to the house. said that he never received the check in the mail and believes it was stolen out of his mail box. p s a i d that he did not authorize anyone else to be in possession of it and reports it s olen. said he is willing to be listed as a victim of the theft of 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 the name of'-bn them. I contacted both subjects and they gave the following statements regarding the status of those cards.

STATEMENTOF VICTI-1: ted tha as not aware of any mail items stolen from her box but said t h a m and

--are=of 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 ' ~ ~ _I)rized 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

14455/cROUC~, JOHN Pnnted At

04/24/2006 07:42 Page 3 of 3

Page I of \ DEPARTMENT OF PUBLIC SAFETY SUNNYVALE, CALIFORNIA

PROPERTY REPORT CASE NO.

Check 0ne:"ALL FIREARMS REQUIRE NOTICE OF RIGHTS FORMS d v i d e n c e O Search Warrant 0 Found 0 Safekeeping L 6 O d a y advisory) 0 Under Observat~on 0 Disposal

ARTICLE(S) \ THRU 1, OF a, %

0 ITEM(S) are recovered stolen property

rV 0 Lost 0 Stolen 0 8 102 WI 0 12028.5 PC (Domestic Violence )

REPORTS MADE: CnmeIAcadent *,& 0 Traffic citation 4 Property Report Only D Other: ASSOCIATED CASES:

I I I I

'CODES: I= OWNER 2= FINDER , 3 = POSSESSOR 4= ARRESTED 5=CITED 6=VICTIM PROOF OF REP"IREDw

1 LOCATION OF ITEM@)

Date Divismn

PS Property Locker

PS Small Sally

Status Employee No.

isd demeanor 0 N.0 C.

Offense ' C~vil Felony

(3 Left wI0wner (3 DPS Photo File o Digital Photo File (3 Other

Officer

I 'SAFEKEEPING' PROPERTY: You are hereby notified that items bken in as 'Safekeeping' will be

I / '/&q

I Property Receives By:

Y/Z{~ f6&F

Received By Date

Propertv Officer:

I in amr; ---- -..'" "- I

California Civil W. , -- --

C

Release Authorization: Date Court Order Attachedo

Location

uance mm me

Rcvd sealed

bv PSO?

le vou do not Property Reelved By:

make arrangements to retneve them wtth~n 60days

StGNED X

Type of package

1.0 U:

WWTE-GemraW YatlovrQrwertv 0nrekRacef~ O O o_ o!?a~.L-!m)

Pmprty Received By.

- 7

Item # APJ 7 2 700 I 0 II.

6 S E

Item #

Print Images L wyJ- - / / L A 1

Page 1 of 1

VGlD A m R 180 DAYS

P,\Y TO M F ORDCR OF

. . . . E CALL 1-888-232-7880

. . . . . MEMO: ANM~AI. INNER -..;,', ,,

. .

For cr&jj @ Accdijn(# 8.8 ' ' ' $ * * * * ~ + 2 5 0 . 0 0

.. .. . ~ ~ ~ ~ ; ? : , ~ ~ & ~ + . y h%AS * + + * * * r + r + r * x r * + + , ~ & . i t * f t ~ ~ * * t * * + * ? * ~ f . + * * . * * * * * * * *

,

D - VOID A F E R 180 DAYS . 73 w

0 E\3 PAY 0 w TO

0 w WE OROER

0 0 OF , .

APR 2 3 2006 R

SUNNYVALE DEPARTMENT OF PUBLIC S A F E N I

CELL# - - ' PQS'F-BQQtPING REPORT I.! XKER # 6 7- '-7

DPS HEADQUARTERS RELEASES:

Prisoner Pmperty Tra~fa:md 0 849(b)l PC - No Proseartion

849(b)2 PC - DM3;

0 840.5 PC - Btenthm Only

08- of trar.i,i .r. Transpat Ofi. ,. .

Empkyee N1.r ' $,- : N7-c , -

D Fhgerprin . .,: 7mpleled at Dm 0 Pho(ognpt~q T:iken at DPS

P,:IS Number: T- , ...-

...-

I T N - Y'-iotoNu'mber

n. Amount REFUNDED FROM regktor: - - Recads Recards

8pedaYst: o(Bcsr: On\. r" Dawnme: I

... . .

City Ok SUNNWALE DEPAETMENT 0.F PUBLIC SAFETY

NAME: -IC-.

MIFANDA ADMONISHMENT I/

1 You have the right to remaln slient. Do you understand?

2. Anything you say may be used against you In court. Do ye!. frnderstand. . .

that? .,la \

3. You have the right to the presence of an attorney before a n d during ahy questioning. DO you u~lderstand?

4. If you cannot afford to hire an attorn p y, one will be appolntect fo r you, free of charge, before any questioning. Do you understand? 'I' '"

I f you desire an express waiver, ask a "yes" or "no" question, sucf~ as:

1. Do you want to talk. about what happened?

2. . Do you want to tell your side. of the story?

3. Do you want to go ahcad and talk t o me?

Date: ~ / ~ J / o L TI,xzx:.

3#mmL Defendant's Signature

- - Badge #

Ity OF SUNNYVALE DEPAR 'MENT OF PUBLIC SAFETY

CASE # 06- Y/Z / -

NAME: - ..

MIF4N.DA ADMONISHMENT

I You have the right to resxialn sllent. Do you understand? \ib : 2. Anythlng you say may I?c used against you In court. Do you imderstand

. that?

3. You have the right to the presence of an attorney before a n d -irlring any questioning. Do you ur :erstand? vd i

4 , 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? * ,,

/'

I f you desire an express waiver, ask a "yes" or "no" question, such :I,- :

I. Do you want to talk abo:lt what happened? J o"-,,,,

2. Do you want t o tel l your side of the story? Y 3. Do you want to go ahead and talk to me? d'

,'f;'y5-5- _I

Gadge #

County of Santa C h n Physiological Speclnwn Request I Crlnw-tOW ( P m hard and pdnt dew) offka of tho District Attorney 1557 Berger Dr., S u b 5 2 San Jose, Wlfomla 85112 (soe) 2882224

~u are requested to obtain a specimen of blood, urine or breath from

// / / I /

rype of Spec~rnen Date of Sampl A ' ~~=:rne 12, SmpM

Urine Technologist'sCase# + 2 / L o C h Breath

Observations

Eyes speed

Odors Attltude

Coordination and Balance

General Comment

PFN -

AGENGY _ '

.

STATUS. RECEIPT OF COPY OF PRE BOOKING INFOR~L~TION DISTRIBUTION: WHrrE . Booking WHITE ID - ':, iELLOW . Arresti 3214 REV a 5 GFlEEN Prapeny Record PINK OR, ;:.,., .-. iO 0 0 0 O ~ A ~ ~ 3 p y

",-r ...

SUNNYVALE ' . . MRTMENT OF PI..!BLIC SAFETY ' P c. : $T-.BQQK[NQ REP 9,ffT

,,I. .%-

LOCKER# 2

, - 1 , T W 5 \.:~. DOR: 1 , 2 6 32 a. ~ d r d : $ ..... -. . . . . 7 Juvenlb 0

......... - - ..... r . r ? .! ,RMATlON -custody bansf.-- -rl to: L DPS HEADQUARTERS

Prisoner Property Tnrrf--:ed

'.JKt:UP:

~,lcc! nt DPS

at D?S

qtm+er. T

- - PRISONER ' n

RELEASED WlMOUT CHARGE P1 IC 51 '41.1 ' 0 &19(b)l PC - No Prosecxk~n D49(b)2 PC - Drunk M9.5 PC - DetenUon Only

OWN KECOGNIZANCE FELONY - * iL (S OF:

U J @ e .-

DPS c a p ~ ~ : - - ,

Prom~sr? To Appear - MISDEMk ?h'.'"- "? ' 4 : COGNIZANCE

853.6 PC "IL?IK~, Number. --

UPDATE BOOKING

D a t a m c d release ~.

Releash Offcer . . . . . - .. .- Employee Nu-

e2...z....:

u. Prlsorler's property stored I book,od i,j;o ,,\

I-, cirri? items lMsd be&. Prqu..-h/-R.ysl . .:--.\l y -cgz p~$"i;v

........ .. 1 JACKET 8 ,. 3 ITL,.

c... ..:. '.-. "(s) 3 ... SWEATER.

.- . ....... BUCY.E '

StiIRTIBLWSE KNI.-" , . )O PANTS

i r ~ Y W . 0 fWG6 X'. SHOES 'ST"'.'- Mt4T

. L- ......

' \C€ PlJRSE I BACKPACK - . , - - -

3 ER 6 ~ ; ' ... "HONE tjL4fh~~d: 5 .........

'Irous (Lkt): fm) .. - h

..- - ......

. . . . .

. . , .

.... :. INTO regtsbc 17. Amounl REFUNDED FROM register. _.

mr. C)ifi c,;

D a W m :

: Umt all property Wen from me durtng the dstentkn has either been returned or stored/bceked ~ n b 6 ,/ ,e I b , , O I5z -- 4: - -

Releasing Offker

'\FTIC)A\ iT R r sOBABLE CAUSE A! (3AIL SETTING

THE A i STATE {AFIRE: COUN?

What i

contac of intc establi:

1) 2) Did 3) k: 4) Injut 5 ) T Y ~ 6) Pro,

7) Prcr 8) hi.

. .> L. , ? 0 , : OF CALIFORNIA (AGf 4 i Y ) 2 2 2 - .~ I I - -.

; , - L J J .~NAME)J~US~J! JW , ,. ,i-~At.Ahl- ( C E ~ -.---

~. 3 ,!<iNG TIME) , WAS B(~:')KED AT TI IE SAKTA CLARA ! 0, . ! I t ,p

. . , i , r . N i C . J CHARGS. Ci . .>z# 06- 'i1/7/ I . - . ;EW (.' VIEW

L.GWY I ~ " 9. SCHEDULED ,. ';E ( , , t ",r';E(S) i v d L

- (DO NOT ADD IN BAJL -- FOP OFFENSES THAT

ARE THE SAME COl!RSE OF ACTION)

- , - .I L: TC -.._. $ - . , lge-..-

AU ' : ~(.~~3IZED SIGNATURE: -

'"iCTlONS FOR COMPi FTION :c t l . ~ ~ : ;he Aft . : , . I ' . rrirnitted the above fe!. ~:iy./mis&meanor oilt I ' ;e(s)? Statt? reasons for inithl

; : ix ackions ol 1,,; :' .'.:ndant, addressing 1, elements of the c::ense(s), iilcluding SymptOmS , ies and how ir-,llic:, l i you relied on third - :: l y inforrnat~o~~, d e s , be incidenl and state who can

:,LAC '1's FOR STOP/SEARC ARREST 7 f & Y ~ ' ' Z ~ L ' 5 U\> >. , --- ; LGCb7,5,',',? * K B- pj~r; La T x f i fRy Ti.3ki % mwp

$.,%!L, , k 7 \ r :- -%- '"T% &LA wwhq h- - ~SI& M L&L.\ ~A4zk5%-

L ¶ - Ti 1 c- m ifr&m!k*l<!

-, ~ ! [ L A J ; I E & ~ % -- I,LLU? (>k;hSTt! \k'_ &&j w k b T̂MF 7"m

&4h (47 - ). W*nl ntF 5 .ia-b LQ- kk' I,.= L/rQCIa-r~/o<~~Cbt%u,

\+w- * 7 fl

;& iy&jd~ oF / m l i ! z i 9 7 / t L r a u M c ~ M 6 M 5 ~~~~ .& -

I I T ~ ~ M J j'_' ;_I_-: 1 MC)(C w A a b m w t k s -mcer~ ;--5, awU;QS 3- . e y ~ - . 1 - i l k fi r , .n PA*U . 7% ~ c - ie BVSH

-\ j c-& US+> 'F qi)h'. - 1 oc 'T* .- fh'l==XL A- n*m ..3guF %?a+~ to BC .% , W r w OF 51 1 r J w. - --

- -. --

EACH APPUCAP' E SECTION BELOW P'1)J BE COMPLEFP

, I H ; - ~ ? (yes/& Ikscribc -;capon: ;,T , ..,1.,1 arrest?( yes/& Comb:-r!ive to officer(s)'? (Yes;No) Describe .-. Fled only (Yes/@ :;I ... i g e Ht VJ1--... '$x R e l a t i o n s h i p :;, s a p e c t -- ~

.:y victim: None - - Minor M o d e r a t e . h n a b ;nn Resic~ence G ~ ~ ~ l m e r c i a l . Other (describe) i s?proximate value:

- .... .. -. - -. -

i : None F~rtial * Fl ill Recovery-.-.~ - . : es involved: ' ( ~ ~ p e ) -. FJresumptive test results

..:.r.i.ed lnfa-marionl $ Value -. Quantity._ .- vi:. ,~;(;) or witkss(es): iixluding ir;{ormation leading you to believe that the defendant may injure the vi~tim(s)/wit- ! : -,,sr violence, etc.) or may flee xior to a court appearnrce;

- -

- . - - APR 2 2 'm1 ylalty of perjury, that +he foregoing is true and correct.

5 // //H ~ c 2 . U ~ --i -- 1300000029 l - b c - w w

.'-.!;.! OF SUNNWA~. i: DEP,IR:-?~ENT OF PUBLIC: SAFETY

CASF # a- 6/12'

I . : l i ' ''NDA ADMONISH' !NT

> v e the rlght to rernaln sllent. Do yt : understand? \/?$

, ,: y ~ t i say n,. ;y ' 2 used against y. : in court . Do >u understand

VL 7 v e the right to the presence of an lttorney before and during any

> I ~ I I , ~ . DO YOL: u~;~lerstand? JL I

d ~ r i ~ i ; u L af ford ii, : i!f: an attorney, or : will be appolnf $ d for you, free r g c , before any questlonlng. Do yo[ understand? .i 6

1: an express'waiver, ask a "yes" or " 10" question, such as:

. .

.- : J want t o talk about what happened . / . - & / ; 9 ' . , . , : : . , . . i: . :I want to tell your side. of thestory.::

,@;;, ,"

, :1 want to go a h e a d and talk to me?

. . /'

/ v w s c Offic< - Badge #

CINNYVALE DEPA9'-;1.?ENT OF PU63LIC S A F R T 700 ALL fi ',"ERICA WAY SUNNYVALE, CA 04088

for . .

sec

DATE i) 72-06

,L'; 'T,',RY CONSENT " 13 SEARCH

- __ _ . hereby ;. "horize PM libfiq 7:- - r-, -, ' ~ ~ r ~ y , (Name r ' lnvestigat~ng Officer)

, . . ,. -

~ -- or any Peace Officer . . ,the State of Cali-omia, to i;:,ndud a ' , . ,!?:̂I-

. . , , . .. is under my con! ;I: . .,. -.. , - '-, r ^ . : c ! . . . - . J, I ,~~~~~ngslart ides/autor 19biles to be sez: 3hed in dei.ail)

. , , -7.7 -0 /,.

.. . .- ----. t (-:. . 4- 2 2 -06

(!1,71~ and Time) (Date aiidTime)

: .. : :ld i ' - , , , ized by me to seize, c(,:y, photograph, i ~ ? c ~ r d , anelor otherwise -

i i ; tkny rnav deem material to their :.:!arch.

to the abo :-named Peace <')ficer VOiUNTARlLY

-5 -, ~ f - ; 7 -06

I .se$ng part;^) (Date) -- /--

-- ; znd City)

e4i a +I z z l o c ,~.stigating Ofscer) (Employ e #) ' ( ~ b t e )

~/- IZ-OL (Date) '

:nd Cily) PS-352 (R:03/96)

police report from bogus arrest

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