Free Redacted Document - District Court of Delaware - Delaware

i Case 1:07-cr-00037-GMS Document 2 Filed O2/27/2007 Page 1 of 4
AO 91 (Rev. I2/93) Criminal Complaint _ . ‘
I tn United States District Court
- For the District of Delaware
UNITED STATES OF AMERICA _
Criminal Complaint _.
V.
. cAse Nuiuaea; 07- BS M-/W/07
ANTOINE L. PATRICK, bali Fail I"IF¤#‘qrii’g mit ‘
. Defendant EQ; -’__,r, j ‘·,_'·.__L- ·‘‘‘ · ! I I 3; -_r
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of
my knowledge and belief. On or about February 26, 2007 inthe District of Delaware, Defendant Antione l..
Patrick did knowingly; · `
1) possess in and affecting interstate commerce, ammunition, after having been convicted on or aboutJuly 1,
2003, of a crime punishable by imprisonment for a term exceeding one year,
in violation of Title 18 United States Code, Section(s) 922(g)(1) and 924(a)(2);
2) possess with intent to distribute cocaine base,
in violation of Title 21 United States Code, Section(s) 841(a)(1) and (b)(1)(C);
I further state that I am a Special Agent, Bureau of Alcohol Tobacco Firearms and Explosives
and that this complaint is based on. the following facts:
See attached Affidavit I `
Continued on the att e de a part hereof: Yes
F I L t. D , F
H .e~~ ft ls , 4.
FEB 2 f EOL]? Tg `gg A
i `\Scott C. Curley t
I us iii§ii—;':E:f-{2::-eat Special Aggmi ATF _
L merit ct mr _______I
""` Sworn to before me and subscribed in my presence, ·
..%·?/·r;»¢i_»»r=‘;;l,- ¤f'€’»_<>?#»···r at
Date “ City and State
l·lonorable Mary Pat Thynge // J;)/J AM J/W
United States Magistrate Judge ;:=,;.z,/y
Name & Title of Judicial Officer '/7 Sigirjature of Judicial Qtficer
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· Case 1:07-cr-00037-GIVIS Document 2 Filed O2/27/2007 Page 2 of 4
AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT
‘ AGAINST ANTIONE L. PATRICK
l. Your affiant is ATF Special Agent Scott C. Curley. Your affiant has been a law
enforcement officer for over 5 years with the U.S. Bureau of Alcohol, Tobacco, Firearms and
Explosives, (ATF). During that time, my duties have included the investigation of federal and
state fireanns and narcotics offenses. Your Affiant has previously been a police officer and later
police detective with the Pittsburgh Pennsylvania Bureau of Police from February l992 to
September 2001. During that time I was detailed as a Federally Deputized Task Force Officer to
‘ the Drug Enforcement Administration, (DEA) United States Department ofJustice, from June
l997 to June l999. As a DEA Task Force Officer, I have received specialized training in drug .
law enforcement; to include the trafficking of controlled substances. During the course of your
affiant’s law enforcement career, your affiant has received law enforcement training on the
investigation of Hrearms and narcotics offenses on numerous occasions. During the course of
your affiant’s law enforcement career, your affiant has participated in the seizure of over seven
hundred firearms and has conducted numerous investigations of firearms and narcotics offenses,
as well as numerous conversations about the facts and circumstances of firearms and narcotics
offenses with the investigating officers ofthose Hreanns and narcotics offenses.
2. Unless otherwise stated, the information in this affidavit is based upon your aff1ant’s
personal knowledge. -
3. The seizure of all the below stated evidence occurred on February 26, 2007, in the City of
Wilmington, State and District of Delaware, as stated to your affiant by Wilmington Police
Detectives with personal knowledge ofthe seizure ofthe below items.
4. Your affiant reviewed the computer criminal history information for the Defendant,
ANTIONE L. PATRICK from the Delaware Justice Information System (DELJIS) and leamed
that the defendant has a prior felony conviction on July l, 2003 for Distribution, Delivery and/or
I Possession of Controlled Substances 300 feet ofa Park, in the Superior Court ofthe State of
Delaware, and is a crime punishable by imprisonment for a term exceeding one year.
‘ 5. Based upon infonnation stated to me by a Wilmington, Delaware Police Detective who
has personal knowledge ofthe below facts your affiant learned the following.
a. On February 26, 2007 Wilmington Police Detecti ived information that
IONE L. PATRICK who resided at Wilmington, Delaware
was distributing illegal narcotics. Based upon this r ation, Detectives
‘ established surveillance ofthe address and eventually of ANTIONE L. PATRICK.
b. Detectives followed PATRICK to the 300 block of West 25m Street in the City of

Case 1:07-cr-00037-GIVIS Document 2 Filed O2/27/2007 Page 3 of 4
Wilmington, DE, where they observed him commit a motor vehicle violation. Based upon
this violation, Wilmington Police officers conducted at traffic stop. During this stop,
oficers observed what appeared to be a small amount of cocaine base contained within
the driver side door ami rest. p
. c. Wilmington police officers placed PATRICK under arrest for the small amount of drirgs
and then applied for a Delaware state issued search warrant from Justice ofthe Peace
Court 20.
A d. On February 26, 20 7, ilmina olice Detectives executed the Delaware State issued
. search warrant o ‘-_` __-·‘ Z. __':‘r Wilmington, Delaware E
e. Pursuant to that search warrant, Wilmington Police Detectives recovered from ‘
PATRICK’S coat in his middle bedroom two baggies of suspected cocaine base the first
weighing approximately 25.7 gross grams (gg) and the second weighing ap roxirnately
6.5gg of cocaine base, two rounds of PMC .357 ammunition along with a
check in the name of Antoine L. Patrick and an Insurance policy card for Antoine . ‘
Patrick. The substances field tested positive for illegal drugs.
f. Wilmington Police recovered an additional 4.lgg of suspected crack cocaine and an
additional I5 gg of marijuana from the kitchen.
g. In a post Miranda statement, PATRICK made a taped confession to_ the illegal narcotics
in the middle bedroom and in the kitchen. _
l h. Wilmington Police recovered an additional 29.4gg of suspected cocaine base and 8.8 gg
of marijuana from the back bed room belonging to another resident, who was arrested by
Wilmington Police on state drug charges.
i. Detectives field tested all the suspected dnrgs, meeting with positive results for the _
respective illegal dnigs. Wilmington Police Detectives also recovered paraphemalia for
the distribution of illegal drugs from the kitchen, namely two digital scales, razor blades
and sandwich baggies, I V
A Your affiant believes based upon the lack of paraphemalia commonly used for the
s;»é·1.i:i` introduction of controlled substances into the body, the quantity and packaging ofthe
illegal drugs, and the packaging and distribution equipment located in the kitchen, and his
training and prior experience that PATRICK was distributing the controlled substances.
6. I am an ATP Agent who has been expertly trained and experienced in determining the interstate
nexus of firearms and ammunition, and have been admitted as such in the United States District
Court in and for the District—ofDelaware. Your affiant personally viewed the ammunition knows that
the .357 caliber anirnunition, marked PMC was manufactured in a state other than Delaware such
that its possession in Delaware would have necessarily required that the ammunition had crossed
state lines prior to its possession in Delaware and such that the possession of that ammunition in

' Case 1:07-cr-00037-GIVIS Document 2 Filed O2/27/2007 Page 4 of 4
Delaware affected interstate commerce. Furthermore the recovered ammunition is ammunition as _
_ denned in Title 18, United States Code (USC), Chapter 44, Section 921(a)(l7)(A) .
i. Wherefore, based upon your affiant’s training and experience, your affiant
C believes that there is probable cause to believe that the defendant violated 18 U.S.C, 922(g) and
924(a)(2) by possessing in and affecting interstate commerce ammunition,. after having
‘ previously been convicted ofa felony crime punishable by imprisonment for a tenn exceeding .
one year and 21 USC 841(a)(1)and(b)(l)(C) relating to possession with intent to distribute
controlled substances, namely cocaine base and respectfully requests that the Court issue a
Criminal Complaint charging that offense.
l {7
l t · » , M ir? 2
Sldott C. C/ur ey _ ~ V
V t Spaeizial Agent, ATF
Sworn to and subscribed in my presence
t ` ja‘y"oirEebmary,_ 2007 C
Hon rable Mary Pat ge - ‘
- .___U ' ed States Magistrate Judge ·
District of Delaware