IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA
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- Marilynn Haynes
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1 IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA Search Warrant Number #: 14-SW-0633 Docket Number #: E AFFIDAVIT & APPLICATION FOR A SEARCH WARRANT The undersigned, being duly sworn, deposes and says: I am a duly sworn, POST certified law enforcement officer in the state of Georgia charged with the duty to investigate criminal activity and enforce the criminal laws of this state. This is an application for a search warrant and my affidavit in support hereof. Pursuant to O.C.G.A , et. seq., I am making this sworn affidavit setting forth that there eists probable cause to believe that: A. specific offense(s) is/are being committed/have been committed; and B. specifically described property and items and/or persons are to be searched for and seized and constitute evidence of these specific offenses; and C. the property and items and/or persons constituting evidence to be searched for and seized are located at the particular place to be searched. There is probable cause to believe that the following crime(s) (is being/has been/have been) committed. (List all applicable offenses and code sections.) Offense(s) Code Section(s) CRUELTY TO CHILD 2ND DEGREE HOMICIDE-MURDER The information of person to be searched (c) The list of certain property, items, articles, instruments, to be searched for and seized are located in COBB County, Georgia and are specifically described as follows: Therefore, your affiant respectfully requests a search and seizure warrant be issued for the Dell Dimension 9200 Computer Tower to be searched for information pertaining to finances, credit card debt, business information, life insurance, s/communication regarding child, wife and family issues, photo's/video's of the child to show development, information about car seat searches, searches regarding in car deaths, communications with other people on the days leading up to and the incident date, information on life insurance policies and any other information related to this incident. The Dell Dimension 9200 Computer Tower will be physically eamined, documented, the storage devices forensically imaged or copied (if necessary), and later eamined for evidence of these crimes. The results of the eamination will be presented by your affiant or designee and later forwarded to the Office of the District Attorney. The RETURN portion of this warrant will reflect the actual seizure of articles. The eamination will eceed ten days or more based on the high volume of data to be processed and eamined, but all results will be submitted as evidence at a later date. The foregoing described property, items, articles, instruments and person(s) to be searched for and seized constitute evidence connected with the foregoing listed crime(s) and is/are: (check ALL that are applicable) (O.C.G.A ) [] designed for use in the commission of the crime(s) herein described. [] intended for use in the commission of the crime(s) herein described. [] has/have been used in the commission of the crime(s) herein described. [ ] stolen; [ ] embezzled; property; [ ] contraband, the possession of which is unlawful. [] tangible evidence of the commission of the crime(s) set forth above. [ ] a person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state. [ ] a human fetus; [ ] a human corpse. [ ] a person for whom an arrest/fugitive warrant has been issued. (Brown v. State, 240 Ga. App. 321) [ ] Other:
2 The facts establishing probable cause in searching for and seizing the foregoing specifically described person(s), property, items, articles, instruments connected with the foregoing crime(s) at the location described herein are: (Set forth facts connecting all crimes, all items to searched for & seized, at the location to be searched.) Affiant is a sworn and certified police officer in the State of Georgia and has been for 10 years. Affiant is currently employed by the Cobb County Police Department and is currently assigned as a detective in the Crimes Against Persons Division, Homicide Squad (CAP). CAP is responsible for investigating crimes perpetrated against persons in unincorporated Cobb County, GA to include the physical and seual abuse of persons, abuse involving the internet or other electronic devices and means, and murder. Affiant has completed Search and Seizure, Interviews and Interrogations, Basic Investigations, Homicide Investigations and other investigation classes for POST credit. On 06/18/14 at 1624 hrs Pct 3 officers responded to 2955 Akers Mill Rd, Atlanta GA regarding a person down call. When the officers arrived on scene they discovered that Cooper Harris (DOB ) was deceased. The CAP unit was contacted and responded to the scene regarding a homicide investigation. Justin Harris, the deceased subject's father was witnessed pulling into the parking lot of Uncle Maddio's Pizza, 2955 Akers Mill Rd in a 2011 Hyundai Tucson, GA tag "RT7088". The vehicle came to a sudden stop. Harris eited the vehicle, opened the driver side passenger door and pulled his child, Cooper Harris out of the vehicle. Cooper had been secured in a rear facing infant car seat, seated in the middle of the rear passenger seat. Harris was witnessed yelling "Oh my god what have I done". Harris appeared to briefly attempt CPR on his deceased child before a bystanders attempted life saving measures. At that time Harris started making calls on his cell phone. EMS responded to the scene and stopped all life saving measures after determining that the child was deceased. Harris was questioned on scene. Harris stated that he went to work that morning and forgot to drop the child off at day care. Harris claimed he left his residence, 1212 Wynnes Ridge Cir, Marietta GA, took the child to Chic-Fil-A located at 2485 Cumberland Pkwy, Atlanta GA where they entered the restaurant to eat breakfast and then went to work at Home Depot Office, 2600 Cumberland Blvd, Atlanta GA. Harris drove straight to work from Chic-Fil-A. The child was left in the vehicle since approimately 0930 hrs this morning until he was discovered by Harris at around 1620 hrs, 7 hrs later when he was driving to meet some friends at the movies. The temperature was reported to have been in the 90's for most of the day. Harris was later transported to the CAP office and interviewed shortly after the incident. During the interview Harris stated that leaving his son in a hot car was his biggest fear. According to Harris he recently viewed a television show concerning child deaths in cars. Harris also stated that he researched the issue of deaths in cars on the internet. Harris was questioned regarding the car seat that the child was seated in. Harris knew the specific make and model of the seat and what the weight limit was for the child to be seated in it. When the seat was inspected the straps for the seat were set on the lowest level for a small child. During the interview Harris was asked about Cooper's development. According to Harris Cooper was developing fine. He was walking, talking and appeared to be a normal child for his age. Harris stated that he had recently started a new business with several friends. He did not plan on resigning from his current job; his intention is to make etra money on the side. When asked about the business Harris stated that they are just getting started and haven't really established themselves. Harris said he recently took over the finances for the family. According to Harris he has acquired some credit card debt, around $4000 in order to acquire air line miles. Harris currently has outstanding student loans and car loans, for him and his wife. Harris also claimed that he was happily married. Nonetheless, evidence of inappropriate seual communications with other women has been obtained. The day of the incident Leanna Harris, Cooper's mother was also questioned by investigators. During the interview with Leanna she also made a similar statement that this was her worst fear. Investigators questioned her further about this. Leanna stated specifically that her fear was that her child would be left in a hot vehicle, not the fear of losing a child. During the investigation the surveillance video from Home Depot was reviewed. On the video Harris is seen pulling into the parking lot of his work the morning of the incident. Harris passes a parking space, backs the vehicle up several feet and then pulls into a parking space near the back of the lot. Harris then eits the vehicle and walks into his office building. At lunch time Harris left with several co-workers to go eat. When he returns the co-worker drops
3 Harris off at his vehicle. Harris is seen on the video approaching the vehicle; he opens the driver side door and puts a bag into the driver compartment of the vehicle. He is then seen on the video walking back to the building. During that time he pulls his cell phone out and begins using the phone. At the end of the day Harris walks from the building to his vehicle. He puts a bag into the vehicle, gets into the driver's seat and drives off. During the interview with Harris the day of the incident he failed to tell the investigators that he had returned to the vehicle at lunch time to place an item into the vehicle. Through the investigation Harris has made comments to family members regarding a life insurance policy that he has on Cooper and what they need to do in order to file for it. The Dell Dimension 9200 Computer Tower device was secured through a search warrant (Warrant #14-SW-0597) that was eecuted at Harris's residence, 1212 Wynnes Ridge Cir, Marietta GA. The geographic location of the above listed specifically described person(s), property, items, articles, instruments to be searched for and seized is within COBB County, Georgia, and is more particularly described as follows: 140 N MARIETTA PKWY, MARIETTA, GA, Dell Dimension 9200 Computer Tower currently located at the CAP Office, evidence room. [ ] NO KNOCK PROVISION SOUGHT: I am seeking a No Knock provision so that entry can be made without knocking and without giving verbal notice of the lawful authority and purpose in eecution of this search warrant. There are reasonable grounds to believe that the giving of verbal notice would: (check applicable) [ ] greatly increase the peril to officer(s) eecuting this warrant; [ ] lead to the immediate destruction of the evidence sought. In support, thereof, I state the following facts:
4 I swear or affirm that all of the information contained in this Affidavit and all other testimony given by me is true and correct to the best of my knowledge and belief. Agency: :Cobb County Police Dept Name: (Print legibly) : S P Murphy Badge No: cc1507 Sworn to and subscribed before me, this 24th day of June, in the year 2014 [ ] ORAL TESTIMONY, GIVEN UNDER OATH, [ ] ORAL TESTIMONY NOT CONSIDERED RECEIVED AND RECORDED COBB MAGISTRATE COURT 24th day of June, in the year 2014 Magistrate (Print legibly) : STATE OF GEORGIA
5 IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA Search Warrant Number #: 14-SW-0634 Docket Number #: E AFFIDAVIT & APPLICATION FOR A SEARCH WARRANT The undersigned, being duly sworn, deposes and says: I am a duly sworn, POST certified law enforcement officer in the state of Georgia charged with the duty to investigate criminal activity and enforce the criminal laws of this state. This is an application for a search warrant and my affidavit in support hereof. Pursuant to O.C.G.A , et. seq., I am making this sworn affidavit setting forth that there eists probable cause to believe that: A. specific offense(s) is/are being committed/have been committed; and B. specifically described property and items and/or persons are to be searched for and seized and constitute evidence of these specific offenses; and C. the property and items and/or persons constituting evidence to be searched for and seized are located at the particular place to be searched. There is probable cause to believe that the following crime(s) (is being/has been/have been) committed. (List all applicable offenses and code sections.) Offense(s) Code Section(s) HOMICIDE-MURDER CRUELTY TO CHILD 2ND DEGREE The information of person to be searched (c) The list of certain property, items, articles, instruments, to be searched for and seized are located in COBB County, Georgia and are specifically described as follows: Therefore, your affiant respectfully requests a search and seizure warrant be issued for the Google Chromecast to be searched for information pertaining to finances, credit card debt, business information, life insurance, s/communication regarding child, wife and family issues, photo's/video's of the child to show development, information about car seat searches, searches regarding in car deaths, communications with other people on the days leading up to and the incident date, information on life insurance policies and any other information related to this incident. The Google Chromecast will be physically eamined, documented, the storage devices forensically imaged or copied (if necessary), and later eamined for evidence of these crimes. The results of the eamination will be presented by your affiant or designee and later forwarded to the Office of the District Attorney. The RETURN portion of this warrant will reflect the actual seizure of articles. The eamination will eceed ten days or more based on the high volume of data to be processed and eamined, but all results will be submitted as evidence at a later date. The foregoing described property, items, articles, instruments and person(s) to be searched for and seized constitute evidence connected with the foregoing listed crime(s) and is/are: (check ALL that are applicable) (O.C.G.A ) [] designed for use in the commission of the crime(s) herein described. [] intended for use in the commission of the crime(s) herein described. [] has/have been used in the commission of the crime(s) herein described. [ ] stolen; [ ] embezzled; property; [ ] contraband, the possession of which is unlawful. [] tangible evidence of the commission of the crime(s) set forth above. [ ] a person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state. [ ] a human fetus; [ ] a human corpse. [ ] a person for whom an arrest/fugitive warrant has been issued. (Brown v. State, 240 Ga. App. 321) [ ] Other: The facts establishing probable cause in searching for and seizing the foregoing specifically described person(s), property, items, articles, instruments connected with the foregoing
6 crime(s) at the location described herein are: (Set forth facts connecting all crimes, all items to searched for & seized, at the location to be searched.) Affiant is a sworn and certified police officer in the State of Georgia and has been for 10 years. Affiant is currently employed by the Cobb County Police Department and is currently assigned as a detective in the Crimes Against Persons Division, Homicide Squad (CAP). CAP is responsible for investigating crimes perpetrated against persons in unincorporated Cobb County, GA to include the physical and seual abuse of persons, abuse involving the internet or other electronic devices and means, and murder. Affiant has completed Search and Seizure, Interviews and Interrogations, Basic Investigations, Homicide Investigations and other investigation classes for POST credit. On 06/18/14 at 1624 hrs Pct 3 officers responded to 2955 Akers Mill Rd, Atlanta GA regarding a person down call. When the officers arrived on scene they discovered that Cooper Harris (DOB ) was deceased. The CAP unit was contacted and responded to the scene regarding a homicide investigation. Justin Harris, the deceased subject's father was witnessed pulling into the parking lot of Uncle Maddio's Pizza, 2955 Akers Mill Rd in a 2011 Hyundai Tucson, GA tag "RT7088". The vehicle came to a sudden stop. Harris eited the vehicle, opened the driver side passenger door and pulled his child, Cooper Harris out of the vehicle. Cooper had been secured in a rear facing infant car seat, seated in the middle of the rear passenger seat. Harris was witnessed yelling "Oh my god what have I done". Harris appeared to briefly attempt CPR on his deceased child before a bystanders attempted life saving measures. At that time Harris started making calls on his cell phone. EMS responded to the scene and stopped all life saving measures after determining that the child was deceased. Harris was questioned on scene. Harris stated that he went to work that morning and forgot to drop the child off at day care. Harris claimed he left his residence, 1212 Wynnes Ridge Cir, Marietta GA, took the child to Chic-Fil-A located at 2485 Cumberland Pkwy, Atlanta GA where they entered the restaurant to eat breakfast and then went to work at Home Depot Office, 2600 Cumberland Blvd, Atlanta GA. Harris drove straight to work from Chic-Fil-A. The child was left in the vehicle since approimately 0930 hrs this morning until he was discovered by Harris at around 1620 hrs, 7 hrs later when he was driving to meet some friends at the movies. The temperature was reported to have been in the 90's for most of the day. Harris was later transported to the CAP office and interviewed shortly after the incident. During the interview Harris stated that leaving his son in a hot car was his biggest fear. According to Harris he recently viewed a television show concerning child deaths in cars. Harris also stated that he researched the issue of deaths in cars on the internet. Harris was questioned regarding the car seat that the child was seated in. Harris knew the specific make and model of the seat and what the weight limit was for the child to be seated in it. When the seat was inspected the straps for the seat were set on the lowest level for a small child. During the interview Harris was asked about Cooper's development. According to Harris Cooper was developing fine. He was walking, talking and appeared to be a normal child for his age. Harris stated that he had recently started a new business with several friends. He did not plan on resigning from his current job; his intention is to make etra money on the side. When asked about the business Harris stated that they are just getting started and haven't really established themselves. Harris said he recently took over the finances for the family. According to Harris he has acquired some credit card debt, around $4000 in order to acquire air line miles. Harris currently has outstanding student loans and car loans, for him and his wife. Harris also claimed that he was happily married. Nonetheless, evidence of inappropriate seual communications with other women has been obtained. The day of the incident Leanna Harris, Cooper's mother was also questioned by investigators. During the interview with Leanna she also made a similar statement that this was her worst fear. Investigators questioned her further about this. Leanna stated specifically that her fear was that her child would be left in a hot vehicle, not the fear of losing a child. During the investigation the surveillance video from Home Depot was reviewed. On the video Harris is seen pulling into the parking lot of his work the morning of the incident. Harris passes a parking space, backs the vehicle up several feet and then pulls into a parking space near the back of the lot. Harris then eits the vehicle and walks into his office building. At lunch time Harris left with several co-workers to go eat. When he returns the co-worker drops Harris off at his vehicle. Harris is seen on the video approaching the vehicle; he opens the driver side door and puts a bag into the driver compartment of the vehicle. He is then seen on the video walking back to the building. During that time he pulls his cell phone out and begins using the phone. At the end of the day Harris walks from the building to his vehicle. He puts a bag into the vehicle, gets into the driver's seat and drives off. During the interview with
7 Harris the day of the incident he failed to tell the investigators that he had returned to the vehicle at lunch time to place an item into the vehicle. Through the investigation Harris has made comments to family members regarding a life insurance policy that he has on Cooper and what they need to do in order to file for it. The Google Chromecast was recovered from Harris's residence, 1212 Wynnes RIdge Cir, Marietta GA during the eecution of a search warrant. (Warrant # 14-SW-0597) The geographic location of the above listed specifically described person(s), property, items, articles, instruments to be searched for and seized is within COBB County, Georgia, and is more particularly described as follows: 140 N. MARIETTA PKWY, MARIETTA, GA, Google Chromecast located at the CAP office, evidence room. [ ] NO KNOCK PROVISION SOUGHT: I am seeking a No Knock provision so that entry can be made without knocking and without giving verbal notice of the lawful authority and purpose in eecution of this search warrant. There are reasonable grounds to believe that the giving of verbal notice would: (check applicable) [ ] greatly increase the peril to officer(s) eecuting this warrant; [ ] lead to the immediate destruction of the evidence sought. In support, thereof, I state the following facts: I swear or affirm that all of the information contained in this Affidavit and all other testimony given by me is true and correct to the best of my knowledge and belief. Agency: :Cobb County Police Dept Name: (Print legibly) : S P Murphy Badge No: cc1507 Sworn to and subscribed before me, this 24th day of June, in the year 2014 [ ] ORAL TESTIMONY, GIVEN UNDER OATH, [ ] ORAL TESTIMONY NOT CONSIDERED RECEIVED AND RECORDED COBB MAGISTRATE COURT 24th day of June, in the year 2014 Magistrate (Print legibly) : STATE OF GEORGIA
8 IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA Search Warrant Number #: 14-SW-0635 Docket Number #: E AFFIDAVIT & APPLICATION FOR A SEARCH WARRANT The undersigned, being duly sworn, deposes and says: I am a duly sworn, POST certified law enforcement officer in the state of Georgia charged with the duty to investigate criminal activity and enforce the criminal laws of this state. This is an application for a search warrant and my affidavit in support hereof. Pursuant to O.C.G.A , et. seq., I am making this sworn affidavit setting forth that there eists probable cause to believe that: A. specific offense(s) is/are being committed/have been committed; and B. specifically described property and items and/or persons are to be searched for and seized and constitute evidence of these specific offenses; and C. the property and items and/or persons constituting evidence to be searched for and seized are located at the particular place to be searched. There is probable cause to believe that the following crime(s) (is being/has been/have been) committed. (List all applicable offenses and code sections.) Offense(s) Code Section(s) HOMICIDE-MURDER CRUELTY TO CHILD 2ND DEGREE The information of person to be searched (c) The list of certain property, items, articles, instruments, to be searched for and seized are located in COBB County, Georgia and are specifically described as follows: Therefore, your affiant respectfully requests a search and seizure warrant be issued for the MacBook Pro Laptop to be searched for information pertaining to finances, credit card debt, business information, life insurance, s/communication regarding child, wife and family issues, photo's/video's of the child to show development, information about car seat searches, searches regarding in car deaths, communications with other people on the days leading up to and the incident date, information on life insurance policies and any other information related to this incident. The MacBook Pro Laptop will be physically eamined, documented, the storage devices forensically imaged or copied (if necessary), and later eamined for evidence of these crimes. The results of the eamination will be presented by your affiant or designee and later forwarded to the Office of the District Attorney. The RETURN portion of this warrant will reflect the actual seizure of articles. The eamination will eceed ten days or more based on the high volume of data to be processed and eamined, but all results will be submitted as evidence at a later date. The foregoing described property, items, articles, instruments and person(s) to be searched for and seized constitute evidence connected with the foregoing listed crime(s) and is/are: (check ALL that are applicable) (O.C.G.A ) [] designed for use in the commission of the crime(s) herein described. [] intended for use in the commission of the crime(s) herein described. [] has/have been used in the commission of the crime(s) herein described. [ ] stolen; [ ] embezzled; property; [ ] contraband, the possession of which is unlawful. [] tangible evidence of the commission of the crime(s) set forth above. [ ] a person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state. [ ] a human fetus; [ ] a human corpse. [ ] a person for whom an arrest/fugitive warrant has been issued. (Brown v. State, 240 Ga. App. 321) [ ] Other:
9 The facts establishing probable cause in searching for and seizing the foregoing specifically described person(s), property, items, articles, instruments connected with the foregoing crime(s) at the location described herein are: (Set forth facts connecting all crimes, all items to searched for & seized, at the location to be searched.) Affiant is a sworn and certified police officer in the State of Georgia and has been for 10 years. Affiant is currently employed by the Cobb County Police Department and is currently assigned as a detective in the Crimes Against Persons Division, Homicide Squad (CAP). CAP is responsible for investigating crimes perpetrated against persons in unincorporated Cobb County, GA to include the physical and seual abuse of persons, abuse involving the internet or other electronic devices and means, and murder. Affiant has completed Search and Seizure, Interviews and Interrogations, Basic Investigations, Homicide Investigations and other investigation classes for POST credit. On 06/18/14 at 1624 hrs Pct 3 officers responded to 2955 Akers Mill Rd, Atlanta GA regarding a person down call. When the officers arrived on scene they discovered that Cooper Harris (DOB ) was deceased. The CAP unit was contacted and responded to the scene regarding a homicide investigation. Justin Harris, the deceased subject's father was witnessed pulling into the parking lot of Uncle Maddio's Pizza, 2955 Akers Mill Rd in a 2011 Hyundai Tucson, GA tag "RT7088". The vehicle came to a sudden stop. Harris eited the vehicle, opened the driver side passenger door and pulled his child, Cooper Harris out of the vehicle. Cooper had been secured in a rear facing infant car seat, seated in the middle of the rear passenger seat. Harris was witnessed yelling "Oh my god what have I done". Harris appeared to briefly attempt CPR on his deceased child before a bystanders attempted life saving measures. At that time Harris started making calls on his cell phone. EMS responded to the scene and stopped all life saving measures after determining that the child was deceased. Harris was questioned on scene. Harris stated that he went to work that morning and forgot to drop the child off at day care. Harris claimed he left his residence, 1212 Wynnes Ridge Cir, Marietta GA, took the child to Chic-Fil-A located at 2485 Cumberland Pkwy, Atlanta GA where they entered the restaurant to eat breakfast and then went to work at Home Depot Office, 2600 Cumberland Blvd, Atlanta GA. Harris drove straight to work from Chic-Fil-A. The child was left in the vehicle since approimately 0930 hrs this morning until he was discovered by Harris at around 1620 hrs, 7 hrs later when he was driving to meet some friends at the movies. The temperature was reported to have been in the 90's for most of the day. Harris was later transported to the CAP office and interviewed shortly after the incident. During the interview Harris stated that leaving his son in a hot car was his biggest fear. According to Harris he recently viewed a television show concerning child deaths in cars. Harris also stated that he researched the issue of deaths in cars on the internet. Harris was questioned regarding the car seat that the child was seated in. Harris knew the specific make and model of the seat and what the weight limit was for the child to be seated in it. When the seat was inspected the straps for the seat were set on the lowest level for a small child. During the interview Harris was asked about Cooper's development. According to Harris Cooper was developing fine. He was walking, talking and appeared to be a normal child for his age. Harris stated that he had recently started a new business with several friends. He did not plan on resigning from his current job; his intention is to make etra money on the side. When asked about the business Harris stated that they are just getting started and haven't really established themselves. Harris said he recently took over the finances for the family. According to Harris he has acquired some credit card debt, around $4000 in order to acquire air line miles. Harris currently has outstanding student loans and car loans, for him and his wife. Harris also claimed that he was happily married. Nonetheless, evidence of inappropriate seual communications with other women has been obtained. The day of the incident Leanna Harris, Cooper's mother was also questioned by investigators. During the interview with Leanna she also made a similar statement that this was her worst fear. Investigators questioned her further about this. Leanna stated specifically that her fear was that her child would be left in a hot vehicle, not the fear of losing a child. During the investigation the surveillance video from Home Depot was reviewed. On the video Harris is seen pulling into the parking lot of his work the morning of the incident. Harris passes a parking space, backs the vehicle up several feet and then pulls into a parking space near the back of the lot. Harris then eits the vehicle and walks into his office building. At lunch time Harris left with several co-workers to go eat. When he returns the co-worker drops Harris off at his vehicle. Harris is seen on the video approaching the vehicle; he opens the driver side door and puts
10 a bag into the driver compartment of the vehicle. He is then seen on the video walking back to the building. During that time he pulls his cell phone out and begins using the phone. At the end of the day Harris walks from the building to his vehicle. He puts a bag into the vehicle, gets into the driver's seat and drives off. During the interview with Harris the day of the incident he failed to tell the investigators that he had returned to the vehicle at lunch time to place an item into the vehicle. Through the investigation Harris has made comments to family members regarding a life insurance policy that he has on Cooper and what they need to do in order to file for it. The MacBook Pro Laptop was secured during the eecution of a search warrant at Harris's residence, 1212 Wynnes Ridge Cir, Marietta GA. (Search Warrant # 14-SW-0597) The geographic location of the above listed specifically described person(s), property, items, articles, instruments to be searched for and seized is within COBB County, Georgia, and is more particularly described as follows: 140 N. MARIETTA PKWY, MARIETTA, GA, MacBook Pro Laptop located in the CAP Office, evidence room. [ ] NO KNOCK PROVISION SOUGHT: I am seeking a No Knock provision so that entry can be made without knocking and without giving verbal notice of the lawful authority and purpose in eecution of this search warrant. There are reasonable grounds to believe that the giving of verbal notice would: (check applicable) [ ] greatly increase the peril to officer(s) eecuting this warrant; [ ] lead to the immediate destruction of the evidence sought. In support, thereof, I state the following facts: I swear or affirm that all of the information contained in this Affidavit and all other testimony given by me is true and correct to the best of my knowledge and belief. Agency: :Cobb County Police Dept Name: (Print legibly) : S P Murphy Badge No: cc1507 Sworn to and subscribed before me, this 24th day of June, in the year 2014 [ ] ORAL TESTIMONY, GIVEN UNDER OATH, [ ] ORAL TESTIMONY NOT CONSIDERED RECEIVED AND RECORDED COBB MAGISTRATE COURT 24th day of June, in the year 2014 Magistrate (Print legibly) : STATE OF GEORGIA
11 IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA Search Warrant Number #: 14-SW-0636 Docket Number #: E AFFIDAVIT & APPLICATION FOR A SEARCH WARRANT The undersigned, being duly sworn, deposes and says: I am a duly sworn, POST certified law enforcement officer in the state of Georgia charged with the duty to investigate criminal activity and enforce the criminal laws of this state. This is an application for a search warrant and my affidavit in support hereof. Pursuant to O.C.G.A , et. seq., I am making this sworn affidavit setting forth that there eists probable cause to believe that: A. specific offense(s) is/are being committed/have been committed; and B. specifically described property and items and/or persons are to be searched for and seized and constitute evidence of these specific offenses; and C. the property and items and/or persons constituting evidence to be searched for and seized are located at the particular place to be searched. There is probable cause to believe that the following crime(s) (is being/has been/have been) committed. (List all applicable offenses and code sections.) Offense(s) Code Section(s) HOMICIDE-MURDER CRUELTY TO CHILD 2ND DEGREE The information of person to be searched (c) The list of certain property, items, articles, instruments, to be searched for and seized are located in COBB County, Georgia and are specifically described as follows: Therefore, your affiant respectfully requests a search and seizure warrant be issued for the Lenovo T530 Think Pad to be searched for information pertaining to finances, credit card debt, business information, life insurance, s/communication regarding child, wife and family issues, photo's/video's of the child to show development, information about car seat searches, searches regarding in car deaths, communications with other people on the days leading up to and the incident date, information on life insurance policies and any other information related to this incident. The Lenovo T530 Think Pad will be physically eamined, documented, the storage devices forensically imaged or copied (if necessary), and later eamined for evidence of these crimes. The results of the eamination will be presented by your affiant or designee and later forwarded to the Office of the District Attorney. The RETURN portion of this warrant will reflect the actual seizure of articles. The eamination will eceed ten days or more based on the high volume of data to be processed and eamined, but all results will be submitted as evidence at a later date. The foregoing described property, items, articles, instruments and person(s) to be searched for and seized constitute evidence connected with the foregoing listed crime(s) and is/are: (check ALL that are applicable) (O.C.G.A ) [] designed for use in the commission of the crime(s) herein described. [] intended for use in the commission of the crime(s) herein described. [] has/have been used in the commission of the crime(s) herein described. [ ] stolen; [ ] embezzled; property; [ ] contraband, the possession of which is unlawful. [] tangible evidence of the commission of the crime(s) set forth above. [ ] a person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state. [ ] a human fetus; [ ] a human corpse. [ ] a person for whom an arrest/fugitive warrant has been issued. (Brown v. State, 240 Ga. App. 321) [ ] Other: The facts establishing probable cause in searching for and seizing the foregoing specifically described person(s), property, items, articles, instruments connected with the foregoing
12 crime(s) at the location described herein are: (Set forth facts connecting all crimes, all items to searched for & seized, at the location to be searched.) Affiant is a sworn and certified police officer in the State of Georgia and has been for 10 years. Affiant is currently employed by the Cobb County Police Department and is currently assigned as a detective in the Crimes Against Persons Division, Homicide Squad (CAP). CAP is responsible for investigating crimes perpetrated against persons in unincorporated Cobb County, GA to include the physical and seual abuse of persons, abuse involving the internet or other electronic devices and means, and murder. Affiant has completed Search and Seizure, Interviews and Interrogations, Basic Investigations, Homicide Investigations and other investigation classes for POST credit. On 06/18/14 at 1624 hrs Pct 3 officers responded to 2955 Akers Mill Rd, Atlanta GA regarding a person down call. When the officers arrived on scene they discovered that Cooper Harris (DOB ) was deceased. The CAP unit was contacted and responded to the scene regarding a homicide investigation. Justin Harris, the deceased subject's father was witnessed pulling into the parking lot of Uncle Maddio's Pizza, 2955 Akers Mill Rd in a 2011 Hyundai Tucson, GA tag "RT7088". The vehicle came to a sudden stop. Harris eited the vehicle, opened the driver side passenger door and pulled his child, Cooper Harris out of the vehicle. Cooper had been secured in a rear facing infant car seat, seated in the middle of the rear passenger seat. Harris was witnessed yelling "Oh my god what have I done". Harris appeared to briefly attempt CPR on his deceased child before a bystanders attempted life saving measures. At that time Harris started making calls on his cell phone. EMS responded to the scene and stopped all life saving measures after determining that the child was deceased. Harris was questioned on scene. Harris stated that he went to work that morning and forgot to drop the child off at day care. Harris claimed he left his residence, 1212 Wynnes Ridge Cir, Marietta GA, took the child to Chic-Fil-A located at 2485 Cumberland Pkwy, Atlanta GA where they entered the restaurant to eat breakfast and then went to work at Home Depot Office, 2600 Cumberland Blvd, Atlanta GA. Harris drove straight to work from Chic-Fil-A. The child was left in the vehicle since approimately 0930 hrs this morning until he was discovered by Harris at around 1620 hrs, 7 hrs later when he was driving to meet some friends at the movies. The temperature was reported to have been in the 90's for most of the day. Harris was later transported to the CAP office and interviewed shortly after the incident. During the interview Harris stated that leaving his son in a hot car was his biggest fear. According to Harris he recently viewed a television show concerning child deaths in cars. Harris also stated that he researched the issue of deaths in cars on the internet. Harris was questioned regarding the car seat that the child was seated in. Harris knew the specific make and model of the seat and what the weight limit was for the child to be seated in it. When the seat was inspected the straps for the seat were set on the lowest level for a small child. During the interview Harris was asked about Cooper's development. According to Harris Cooper was developing fine. He was walking, talking and appeared to be a normal child for his age. Harris stated that he had recently started a new business with several friends. He did not plan on resigning from his current job; his intention is to make etra money on the side. When asked about the business Harris stated that they are just getting started and haven't really established themselves. Harris said he recently took over the finances for the family. According to Harris he has acquired some credit card debt, around $4000 in order to acquire air line miles. Harris currently has outstanding student loans and car loans, for him and his wife. Harris also claimed that he was happily married. Nonetheless, evidence of inappropriate seual communications with other women has been obtained. The day of the incident Leanna Harris, Cooper's mother was also questioned by investigators. During the interview with Leanna she also made a similar statement that this was her worst fear. Investigators questioned her further about this. Leanna stated specifically that her fear was that her child would be left in a hot vehicle, not the fear of losing a child. During the investigation the surveillance video from Home Depot was reviewed. On the video Harris is seen pulling into the parking lot of his work the morning of the incident. Harris passes a parking space, backs the vehicle up several feet and then pulls into a parking space near the back of the lot. Harris then eits the vehicle and walks into his office building. At lunch time Harris left with several co-workers to go eat. When he returns the co-worker drops Harris off at his vehicle. Harris is seen on the video approaching the vehicle; he opens the driver side door and puts a bag into the driver compartment of the vehicle. He is then seen on the video walking back to the building. During that time he pulls his cell phone out and begins using the phone. At the end of the day Harris walks from the building to his vehicle. He puts a bag into the vehicle, gets into the driver's seat and drives off. During the interview with
13 Harris the day of the incident he failed to tell the investigators that he had returned to the vehicle at lunch time to place an item into the vehicle. Through the investigation Harris has made comments to family members regarding a life insurance policy that he has on Cooper and what they need to do in order to file for it. The Lenovo T530 Think Pad was secured during the eecution of a search warrant on Harris's vehicle, 2011 Hyundai Tucson, GA tag "RT7088". (Warrant # 14-SW-0598) The geographic location of the above listed specifically described person(s), property, items, articles, instruments to be searched for and seized is within COBB County, Georgia, and is more particularly described as follows: 140 N. MARIETTA PKWY, MARIETTA, GA, Lenovo T530 Think Pad located at the CAP office, evidence room. [ ] NO KNOCK PROVISION SOUGHT: I am seeking a No Knock provision so that entry can be made without knocking and without giving verbal notice of the lawful authority and purpose in eecution of this search warrant. There are reasonable grounds to believe that the giving of verbal notice would: (check applicable) [ ] greatly increase the peril to officer(s) eecuting this warrant; [ ] lead to the immediate destruction of the evidence sought. In support, thereof, I state the following facts: I swear or affirm that all of the information contained in this Affidavit and all other testimony given by me is true and correct to the best of my knowledge and belief. Agency: :Cobb County Police Dept Name: (Print legibly) : S P Murphy Badge No: cc1507 Sworn to and subscribed before me, this 24th day of June, in the year 2014 [] ORAL TESTIMONY, GIVEN UNDER OATH, RECEIVED AND RECORDED [ ] ORAL TESTIMONY NOT CONSIDERED COBB MAGISTRATE COURT 24th day of June, in the year 2014 Magistrate (Print legibly) : Don Hicks STATE OF GEORGIA
14 IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA Search Warrant Number #: 14-SW-0637 Docket Number #: E AFFIDAVIT & APPLICATION FOR A SEARCH WARRANT The undersigned, being duly sworn, deposes and says: I am a duly sworn, POST certified law enforcement officer in the state of Georgia charged with the duty to investigate criminal activity and enforce the criminal laws of this state. This is an application for a search warrant and my affidavit in support hereof. Pursuant to O.C.G.A , et. seq., I am making this sworn affidavit setting forth that there eists probable cause to believe that: A. specific offense(s) is/are being committed/have been committed; and B. specifically described property and items and/or persons are to be searched for and seized and constitute evidence of these specific offenses; and C. the property and items and/or persons constituting evidence to be searched for and seized are located at the particular place to be searched. There is probable cause to believe that the following crime(s) (is being/has been/have been) committed. (List all applicable offenses and code sections.) Offense(s) Code Section(s) CRUELTY TO CHILD 2ND DEGREE HOMICIDE-MURDER The information of person to be searched (c) The list of certain property, items, articles, instruments, to be searched for and seized are located in COBB County, Georgia and are specifically described as follows: Therefore, your affiant respectfully requests a search and seizure warrant be issued for the Apple MacBook Pro to be searched for information pertaining to finances, credit card debt, business information, life insurance, s/communication regarding child, wife and family issues, photo's/video's of the child to show development, information about car seat searches, searches regarding in car deaths, communications with other people on the days leading up to and the incident date, information on life insurance policies and any other information related to this incident. The Apple MacBook Pro will be physically eamined, documented, the storage devices forensically imaged or copied (if necessary), and later eamined for evidence of these crimes. The results of the eamination will be presented by your affiant or designee and later forwarded to the Office of the District Attorney. The RETURN portion of this warrant will reflect the actual seizure of articles. The eamination will eceed ten days or more based on the high volume of data to be processed and eamined, but all results will be submitted as evidence at a later date. The foregoing described property, items, articles, instruments and person(s) to be searched for and seized constitute evidence connected with the foregoing listed crime(s) and is/are: (check ALL that are applicable) (O.C.G.A ) [] designed for use in the commission of the crime(s) herein described. [] intended for use in the commission of the crime(s) herein described. [] has/have been used in the commission of the crime(s) herein described. [ ] stolen; [ ] embezzled; property; [ ] contraband, the possession of which is unlawful. [] tangible evidence of the commission of the crime(s) set forth above. [ ] a person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state. [ ] a human fetus; [ ] a human corpse. [ ] a person for whom an arrest/fugitive warrant has been issued. (Brown v. State, 240 Ga. App. 321) [ ] Other: The facts establishing probable cause in searching for and seizing the foregoing specifically described person(s), property, items, articles, instruments connected with the foregoing
15 crime(s) at the location described herein are: (Set forth facts connecting all crimes, all items to searched for & seized, at the location to be searched.) Affiant is a sworn and certified police officer in the State of Georgia and has been for 10 years. Affiant is currently employed by the Cobb County Police Department and is currently assigned as a detective in the Crimes Against Persons Division, Homicide Squad (CAP). CAP is responsible for investigating crimes perpetrated against persons in unincorporated Cobb County, GA to include the physical and seual abuse of persons, abuse involving the internet or other electronic devices and means, and murder. Affiant has completed Search and Seizure, Interviews and Interrogations, Basic Investigations, Homicide Investigations and other investigation classes for POST credit. On 06/18/14 at 1624 hrs Pct 3 officers responded to 2955 Akers Mill Rd, Atlanta GA regarding a person down call. When the officers arrived on scene they discovered that Cooper Harris (DOB ) was deceased. The CAP unit was contacted and responded to the scene regarding a homicide investigation. Justin Harris, the deceased subject's father was witnessed pulling into the parking lot of Uncle Maddio's Pizza, 2955 Akers Mill Rd in a 2011 Hyundai Tucson, GA tag "RT7088". The vehicle came to a sudden stop. Harris eited the vehicle, opened the driver side passenger door and pulled his child, Cooper Harris out of the vehicle. Cooper had been secured in a rear facing infant car seat, seated in the middle of the rear passenger seat. Harris was witnessed yelling "Oh my god what have I done". Harris appeared to briefly attempt CPR on his deceased child before a bystanders attempted life saving measures. At that time Harris started making calls on his cell phone. EMS responded to the scene and stopped all life saving measures after determining that the child was deceased. Harris was questioned on scene. Harris stated that he went to work that morning and forgot to drop the child off at day care. Harris claimed he left his residence, 1212 Wynnes Ridge Cir, Marietta GA, took the child to Chic-Fil-A located at 2485 Cumberland Pkwy, Atlanta GA where they entered the restaurant to eat breakfast and then went to work at Home Depot Office, 2600 Cumberland Blvd, Atlanta GA. Harris drove straight to work from Chic-Fil-A. The child was left in the vehicle since approimately 0930 hrs this morning until he was discovered by Harris at around 1620 hrs, 7 hrs later when he was driving to meet some friends at the movies. The temperature was reported to have been in the 90's for most of the day. Harris was later transported to the CAP office and interviewed shortly after the incident. During the interview Harris stated that leaving his son in a hot car was his biggest fear. According to Harris he recently viewed a television show concerning child deaths in cars. Harris also stated that he researched the issue of deaths in cars on the internet. Harris was questioned regarding the car seat that the child was seated in. Harris knew the specific make and model of the seat and what the weight limit was for the child to be seated in it. When the seat was inspected the straps for the seat were set on the lowest level for a small child. During the interview Harris was asked about Cooper's development. According to Harris Cooper was developing fine. He was walking, talking and appeared to be a normal child for his age. Harris stated that he had recently started a new business with several friends. He did not plan on resigning from his current job; his intention is to make etra money on the side. When asked about the business Harris stated that they are just getting started and haven't really established themselves. Harris said he recently took over the finances for the family. According to Harris he has acquired some credit card debt, around $4000 in order to acquire air line miles. Harris currently has outstanding student loans and car loans, for him and his wife. Harris also claimed that he was happily married. Nonetheless, evidence of inappropriate seual communications with other women has been obtained. The day of the incident Leanna Harris, Cooper's mother was also questioned by investigators. During the interview with Leanna she also made a similar statement that this was her worst fear. Investigators questioned her further about this. Leanna stated specifically that her fear was that her child would be left in a hot vehicle, not the fear of losing a child. During the investigation the surveillance video from Home Depot was reviewed. On the video Harris is seen pulling into the parking lot of his work the morning of the incident. Harris passes a parking space, backs the vehicle up several feet and then pulls into a parking space near the back of the lot. Harris then eits the vehicle and walks into his office building. At lunch time Harris left with several co-workers to go eat. When he returns the co-worker drops Harris off at his vehicle. Harris is seen on the video approaching the vehicle; he opens the driver side door and puts a bag into the driver compartment of the vehicle. He is then seen on the video walking back to the building. During that time he pulls his cell phone out and begins using the phone. At the end of the day Harris walks from the building to his vehicle. He puts a bag into the vehicle, gets into the driver's seat and drives off. During the interview with
16 Harris the day of the incident he failed to tell the investigators that he had returned to the vehicle at lunch time to place an item into the vehicle. Through the investigation Harris has made comments to family members regarding a life insurance policy that he has on Cooper and what they need to do in order to file for it. The Apple MacBook Pro was secured during the eecution of a search warrant on Harris's vehicle, 2011 Hyundai Tucson, GA tag "RT7088". (Warrant #14-SW-0598) The geographic location of the above listed specifically described person(s), property, items, articles, instruments to be searched for and seized is within COBB County, Georgia, and is more particularly described as follows: 140 N. MARIETTA PKWY, MARIETTA, GA, Apple MacBook Pro located at the CAP Office, evidence room. [ ] NO KNOCK PROVISION SOUGHT: I am seeking a No Knock provision so that entry can be made without knocking and without giving verbal notice of the lawful authority and purpose in eecution of this search warrant. There are reasonable grounds to believe that the giving of verbal notice would: (check applicable) [ ] greatly increase the peril to officer(s) eecuting this warrant; [ ] lead to the immediate destruction of the evidence sought. In support, thereof, I state the following facts: I swear or affirm that all of the information contained in this Affidavit and all other testimony given by me is true and correct to the best of my knowledge and belief. Agency: :Cobb County Police Dept Name: (Print legibly) : S P Murphy Badge No: cc1507 Sworn to and subscribed before me, this 24th day of June, in the year 2014 [ ] ORAL TESTIMONY, GIVEN UNDER OATH, [ ] ORAL TESTIMONY NOT CONSIDERED RECEIVED AND RECORDED COBB MAGISTRATE COURT 24th day of June, in the year 2014 Magistrate (Print legibly) : STATE OF GEORGIA
17 IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA Search Warrant Number #: 14-SW-0638 Docket Number #: E AFFIDAVIT & APPLICATION FOR A SEARCH WARRANT The undersigned, being duly sworn, deposes and says: I am a duly sworn, POST certified law enforcement officer in the state of Georgia charged with the duty to investigate criminal activity and enforce the criminal laws of this state. This is an application for a search warrant and my affidavit in support hereof. Pursuant to O.C.G.A , et. seq., I am making this sworn affidavit setting forth that there eists probable cause to believe that: A. specific offense(s) is/are being committed/have been committed; and B. specifically described property and items and/or persons are to be searched for and seized and constitute evidence of these specific offenses; and C. the property and items and/or persons constituting evidence to be searched for and seized are located at the particular place to be searched. There is probable cause to believe that the following crime(s) (is being/has been/have been) committed. (List all applicable offenses and code sections.) Offense(s) Code Section(s) HOMICIDE-MURDER CRUELTY TO CHILD 2ND DEGREE The information of person to be searched (c) The list of certain property, items, articles, instruments, to be searched for and seized are located in COBB County, Georgia and are specifically described as follows: Therefore, your affiant respectfully requests a search and seizure warrant be issued for the Apple Ipad to be searched for information pertaining to finances, credit card debt, business information, life insurance, s/communication regarding child, wife and family issues, photo's/video's of the child to show development, information about car seat searches, searches regarding in car deaths, communications with other people on the days leading up to and the incident date, information on life insurance policies and any other information related to this incident. The Apple Ipad will be physically eamined, documented, the storage devices forensically imaged or copied (if necessary), and later eamined for evidence of these crimes. The results of the eamination will be presented by your affiant or designee and later forwarded to the Office of the District Attorney. The RETURN portion of this warrant will reflect the actual seizure of articles. The eamination will eceed ten days or more based on the high volume of data to be processed and eamined, but all results will be submitted as evidence at a later date. The foregoing described property, items, articles, instruments and person(s) to be searched for and seized constitute evidence connected with the foregoing listed crime(s) and is/are: (check ALL that are applicable) (O.C.G.A ) [] designed for use in the commission of the crime(s) herein described. [] intended for use in the commission of the crime(s) herein described. [] has/have been used in the commission of the crime(s) herein described. [ ] stolen; [ ] embezzled; property; [ ] contraband, the possession of which is unlawful. [] tangible evidence of the commission of the crime(s) set forth above. [ ] a person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state. [ ] a human fetus; [ ] a human corpse. [ ] a person for whom an arrest/fugitive warrant has been issued. (Brown v. State, 240 Ga. App. 321) [ ] Other: The facts establishing probable cause in searching for and seizing the foregoing specifically described person(s), property, items, articles, instruments connected with the foregoing
18 crime(s) at the location described herein are: (Set forth facts connecting all crimes, all items to searched for & seized, at the location to be searched.) Affiant is a sworn and certified police officer in the State of Georgia and has been for 10 years. Affiant is currently employed by the Cobb County Police Department and is currently assigned as a detective in the Crimes Against Persons Division, Homicide Squad (CAP). CAP is responsible for investigating crimes perpetrated against persons in unincorporated Cobb County, GA to include the physical and seual abuse of persons, abuse involving the internet or other electronic devices and means, and murder. Affiant has completed Search and Seizure, Interviews and Interrogations, Basic Investigations, Homicide Investigations and other investigation classes for POST credit. On 06/18/14 at 1624 hrs Pct 3 officers responded to 2955 Akers Mill Rd, Atlanta GA regarding a person down call. When the officers arrived on scene they discovered that Cooper Harris (DOB ) was deceased. The CAP unit was contacted and responded to the scene regarding a homicide investigation. Justin Harris, the deceased subject's father was witnessed pulling into the parking lot of Uncle Maddio's Pizza, 2955 Akers Mill Rd in a 2011 Hyundai Tucson, GA tag "RT7088". The vehicle came to a sudden stop. Harris eited the vehicle, opened the driver side passenger door and pulled his child, Cooper Harris out of the vehicle. Cooper had been secured in a rear facing infant car seat, seated in the middle of the rear passenger seat. Harris was witnessed yelling "Oh my god what have I done". Harris appeared to briefly attempt CPR on his deceased child before a bystanders attempted life saving measures. At that time Harris started making calls on his cell phone. EMS responded to the scene and stopped all life saving measures after determining that the child was deceased. Harris was questioned on scene. Harris stated that he went to work that morning and forgot to drop the child off at day care. Harris claimed he left his residence, 1212 Wynnes Ridge Cir, Marietta GA, took the child to Chic-Fil-A located at 2485 Cumberland Pkwy, Atlanta GA where they entered the restaurant to eat breakfast and then went to work at Home Depot Office, 2600 Cumberland Blvd, Atlanta GA. Harris drove straight to work from Chic-Fil-A. The child was left in the vehicle since approimately 0930 hrs this morning until he was discovered by Harris at around 1620 hrs, 7 hrs later when he was driving to meet some friends at the movies. The temperature was reported to have been in the 90's for most of the day. Harris was later transported to the CAP office and interviewed shortly after the incident. During the interview Harris stated that leaving his son in a hot car was his biggest fear. According to Harris he recently viewed a television show concerning child deaths in cars. Harris also stated that he researched the issue of deaths in cars on the internet. Harris was questioned regarding the car seat that the child was seated in. Harris knew the specific make and model of the seat and what the weight limit was for the child to be seated in it. When the seat was inspected the straps for the seat were set on the lowest level for a small child. During the interview Harris was asked about Cooper's development. According to Harris Cooper was developing fine. He was walking, talking and appeared to be a normal child for his age. Harris stated that he had recently started a new business with several friends. He did not plan on resigning from his current job; his intention is to make etra money on the side. When asked about the business Harris stated that they are just getting started and haven't really established themselves. Harris said he recently took over the finances for the family. According to Harris he has acquired some credit card debt, around $4000 in order to acquire air line miles. Harris currently has outstanding student loans and car loans, for him and his wife. Harris also claimed that he was happily married. Nonetheless, evidence of inappropriate seual communications with other women has been obtained. The day of the incident Leanna Harris, Cooper's mother was also questioned by investigators. During the interview with Leanna she also made a similar statement that this was her worst fear. Investigators questioned her further about this. Leanna stated specifically that her fear was that her child would be left in a hot vehicle, not the fear of losing a child. During the investigation the surveillance video from Home Depot was reviewed. On the video Harris is seen pulling into the parking lot of his work the morning of the incident. Harris passes a parking space, backs the vehicle up several feet and then pulls into a parking space near the back of the lot. Harris then eits the vehicle and walks into his office building. At lunch time Harris left with several co-workers to go eat. When he returns the co-worker drops Harris off at his vehicle. Harris is seen on the video approaching the vehicle; he opens the driver side door and puts a bag into the driver compartment of the vehicle. He is then seen on the video walking back to the building. During that time he pulls his cell phone out and begins using the phone. At the end of the day Harris walks from the building to his vehicle. He puts a bag into the vehicle, gets into the driver's seat and drives off. During the interview with
19 Harris the day of the incident he failed to tell the investigators that he had returned to the vehicle at lunch time to place an item into the vehicle. Through the investigation Harris has made comments to family members regarding a life insurance policy that he has on Cooper and what they need to do in order to file for it. The Apple Ipad was secured during the eecution of a search warrant on Harris's vehicle, 2011 Hyundai Tucson, GA tag "RT7088". (Warrant # 14-SW-0598) The geographic location of the above listed specifically described person(s), property, items, articles, instruments to be searched for and seized is within COBB County, Georgia, and is more particularly described as follows: 140 N. MARIETTA PKWY, MARIETTA, GA, Apple Ipad located at the CAP Office, evidence room. [ ] NO KNOCK PROVISION SOUGHT: I am seeking a No Knock provision so that entry can be made without knocking and without giving verbal notice of the lawful authority and purpose in eecution of this search warrant. There are reasonable grounds to believe that the giving of verbal notice would: (check applicable) [ ] greatly increase the peril to officer(s) eecuting this warrant; [ ] lead to the immediate destruction of the evidence sought. In support, thereof, I state the following facts: I swear or affirm that all of the information contained in this Affidavit and all other testimony given by me is true and correct to the best of my knowledge and belief. Agency: :Cobb County Police Dept Name: (Print legibly) : S P Murphy Badge No: cc1507 Sworn to and subscribed before me, this 24th day of June, in the year 2014 [] ORAL TESTIMONY, GIVEN UNDER OATH, RECEIVED AND RECORDED [ ] ORAL TESTIMONY NOT CONSIDERED COBB MAGISTRATE COURT 24th day of June, in the year 2014 Magistrate (Print legibly) : Don Hicks STATE OF GEORGIA
20 IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA Search Warrant Number #: 14-SW-0639 Docket Number #: E AFFIDAVIT & APPLICATION FOR A SEARCH WARRANT The undersigned, being duly sworn, deposes and says: I am a duly sworn, POST certified law enforcement officer in the state of Georgia charged with the duty to investigate criminal activity and enforce the criminal laws of this state. This is an application for a search warrant and my affidavit in support hereof. Pursuant to O.C.G.A , et. seq., I am making this sworn affidavit setting forth that there eists probable cause to believe that: A. specific offense(s) is/are being committed/have been committed; and B. specifically described property and items and/or persons are to be searched for and seized and constitute evidence of these specific offenses; and C. the property and items and/or persons constituting evidence to be searched for and seized are located at the particular place to be searched. There is probable cause to believe that the following crime(s) (is being/has been/have been) committed. (List all applicable offenses and code sections.) Offense(s) Code Section(s) CRUELTY TO CHILD 2ND DEGREE HOMICIDE-MURDER The information of person to be searched (c) The list of certain property, items, articles, instruments, to be searched for and seized are located in COBB County, Georgia and are specifically described as follows: Therefore, your affiant respectfully requests a search and seizure warrant be issued for the Iphone to be searched for information pertaining to finances, credit card debt, business information, life insurance, s/communication regarding child, wife and family issues, photo's/video's of the child to show development, information about car seat searches, searches regarding in car deaths, communications with other people on the days leading up to and the incident date, information on life insurance policies and any other information related to this incident. The Iphone will be physically eamined, documented, the storage devices forensically imaged or copied (if necessary), and later eamined for evidence of these crimes. The results of the eamination will be presented by your affiant or designee and later forwarded to the Office of the District Attorney. The RETURN portion of this warrant will reflect the actual seizure of articles. The eamination will eceed ten days or more based on the high volume of data to be processed and eamined, but all results will be submitted as evidence at a later date. The foregoing described property, items, articles, instruments and person(s) to be searched for and seized constitute evidence connected with the foregoing listed crime(s) and is/are: (check ALL that are applicable) (O.C.G.A ) [] designed for use in the commission of the crime(s) herein described. [] intended for use in the commission of the crime(s) herein described. [] has/have been used in the commission of the crime(s) herein described. [ ] stolen; [ ] embezzled; property; [ ] contraband, the possession of which is unlawful. [] tangible evidence of the commission of the crime(s) set forth above. [ ] a person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state. [ ] a human fetus; [ ] a human corpse. [ ] a person for whom an arrest/fugitive warrant has been issued. (Brown v. State, 240 Ga. App. 321) [ ] Other: The facts establishing probable cause in searching for and seizing the foregoing specifically described person(s), property, items, articles, instruments connected with the foregoing
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