Police Department

Police
AFFIDAVIT
FORM #9013A - Revised 05/27/10
Department
City of Lake Wales
Lake Wales, FL
INCIDENT NUMBER
Agency ORI Number
FL0531300
150000724
JUVENILE
X
ADULT
BOOKING #
OBITS#
IN CIRCUIT/COUNTY COURT IN THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK
COUNTY, FL
SUBMITTING MEMBER
MAULTSBY,ALVIN
MEMBER #
DATE /TIME OF ARREST/INCIDENT
LOCATION OF INCIDENT
3/20/2015 12:48:00
530 SCENIC HWY S #108 LAKE WALES
NOTICE TO APPEAR
CITY OF
L365
COMPLAINT AFFIDAVIT
City Limits Lake Wales
X
ARREST REPORT
, COUNTY OF POLK , STATE OF FLORIDA
RIGHT THUMB PRINT
THE UNDERSIGNED AFFIANT SWEARS SHE/HE HAS JUST AND REASONABLE GROUNDS TO BELIEVE THAT ON
APPROXIMATELY
22:30:00
IN THE VICINITY OF
LAKE WALES
POLK COUNTY, FLORIDA
PATEL,VIREN ASHK
LAST
ALIAS
FIRST
MIDDLE
ADDRESS 513 SCENIC HWY S LAKE WALES, FL 33853
RACE/SEX Z/M
SPEECH
03/18/15 AT
DOB
11/19/1988 HT
508 WT
PHONE
170 EYE
SCARS
DL#
BRO
POB
ST
SS#
HAIR
(786)427-7763
BLK
COMP
BUILD
MARITAL STATUS
,
OCCUPATION
EMPLOYER/SCHOOL
PHONE
JUV-PARENTS
PHONE
n/a
NOTICE TO APPEAR/OF APPOINTMENT
I AGREE TO APPEAR IN COURT/JAC AT ____________________________________________________________________________, FLORIDA ON
_________________________________________ 20 __________ AT ________________ AM/PM TO ANSWER THE CHARGE(S) IN THIS COMPLAINT OR
TO PAY THE PRESCRIBED FINE FOR THIS OFFENSE. I UNDERSTAND THAT A WILFUL FAILURE TO APPEAR WILL RESULT IN A WARRANT
FOR MY ARREST AND MAY BE A NEW OFFENSE (DO NOT BE LATE).
Defendant/Violators Signature
Parent/Guardian Signature
Date
COMMITTED THE OFFENSE(S) OF:
Illegal Use Device to Intercept Communicat
FSS/FAC/CO
934.03(1)(B) Counts: 1
LEVEL/DEGREE
F3
Video Voyeurism 1st Off (Def >= 19yoa)
FSS/FAC/CO
810.145(2).. Counts: 1
LEVEL/DEGREE
F3
Police
AFFIDAVIT
CONTINUATION
Department
City of Lake Wales
FORM #9013A - Revised 05/27/10
Lake Wales, FL
INCIDENT NUMBER
Agency ORI Number
FL0531300
150000724
CO-DEFENDANT:
VICTIM/WITNESS:
Victim: SABINA,MELINDA ELYSE
W/F
325 GREEN OAK CT
LONGWOOD
FL
32779
(407)461-0187
9/27/89
Victim: JENSEN,MICHELLE ANN
W/F
1357 PORTMOOR WAY
WINTER
GARDEN
FL
34787
(732)850-5695
1/22/92
PROBABLE CAUSE:
On March 18th , 2015, at approximately 10:00 PM, Ms Melinda Sabina and Michelle Jensen checked into room
108 at the Budget Inn Motel located at 530 S Scenic Hwy Lake Wales FL. 33853. As they settled into their room
to go to sleep, they were awoken a short time later by repeated knocks on their motel room door. They ignored
the knocks on the door, but after repeated knocking, they finally answered the door.
The person knocking on the door was the motel's night office manager, Viren Patel. Both ladies advised Viren
explained that he needed to check on the faulty plumbing in their bathroom. Reluctantly, they allowed Viren to
enter their room and he went into the bathroom. They did not see Viren the entire time he was in the bathroom,
but Ms Jensen saw and heard him drop something dark colored on the floor. After several moments inside the
bathroom, Viren called them into the bathroom to show them how to shut the drain to avoid clogging.
After Viren left the room, they both heard something fall on the floor in the bathroom. They investigated and
discovered a small black box with hooks lying on the bathroom floor of the motel room. Closer examination of
this device, revealed what appeared to be a pin hole camera device. In the back of the device was a USB port and
Micro SD memory card.
Realizing that this device was not theirs, and they had not seen this device in the room prior to this discovery
they became very concerned and called law enforcement. Ms Sabina and Ms Jensen stated they did not give
anyone permission to secretively video record them with this or any device.
Once Officer Jones arrived on scene, he escorted the ladies to the office so they could check out. Sabina and
Jensen observed the suspect who came to their room to check the plumbing was behind the office counter. Once
the suspect, Viren Patel, was identified by Sabina and Jensen, Officer Jones ordered the Viren to exit the office.
Viren Patel refused to comply with Officer Jones' commands and ran to the back of the office. A short time later,
motel owner Hitesh I. Patel, arrived on scene open the office door and allowed law enforcement to search the
office for the suspect. Viren was found hiding inside the office bathroom. Viren was placed into custody and
charged with resisting without violence. The video recording device was collected and placed into evidence. A
laptop computer was also found inside the bathroom where Viren was hiding. The computer was confiscated for
safe keeping.
Base on victim statements and the evidence collected, I found probable cause to believe the camera was placed
inside the bathroom by Viren Patel. I believe Viren placed the camera inside the bathroom to video record the
two young ladies as they exited the shower. I have probable cause to believe the video recorder SD card contains
evidence to support that Viren Patel placed the video recorder inside the bathroom. I have probable believe the
video recorder captured pictures, images, and video of Ms Sabina and Ms Jensen getting in and out of the
shower.
Both victims, Ms Sabina and Ms Jensen, did not give anyone permission to place a video camera in their
bathroom nor did they give anyone permission to video record or take pictures of them while in the privacy of
their motel room.
On 03/19/2015 Judge John E. Kirkland reviewed and approved the application for the search warrant to view
the micro SD memory card. I retrieved the video camera from property/ evidence. I removed the SD card from
the video camera and attached it to an USB port to view the files. I was able to access an archived video file
located on the SD card. The file revealed an image of the defendant, Viren Ashk Patel. The video also showed a
partial image of a white female's face. The image of the female face is believed to be the face of one of the victims,
Michelle A. Jensen.
AFFIDAVIT
CONTINUATION
Police
City of Lake Wales
Agency ORI Number
FL0531300
Department
FORM #9013A - Revised 05/27/10
Lake Wales, FL
INCIDENT NUMBER
150000724
On 03/20/2015 I responded to the Polk County Sheriff's Office Computer Crime Unit and made contact with
computer forensics specialist, Hector L. Otero. I provided Mr. Otero with the SD card, and he was able to
retrieve a file from the SD card that contained video. The video also provided audio. The audio provided
evidence of the defendant knocking on the victim's motel room door. The video also captured the defendant
advising he needed to check the sink in the bathroom.
The video provided a clear image of the defendant installing the video recording device in a position to capture
the victims entering and exiting the shower. The video provided a clear image of the defendant explaining that he
completed the repairs to the bathroom sink. The video provided a clear image of one the victim, Michelle Jensen,
enter the bathroom on two separate occasions. The video does not show either of the victim's naked.
The image found on the SD card provided evidence that the video recording device is owned by Viren A. Patel,
and he placed the video recording device in the victim's motel bathroom. The video recording device also
captured audio of the two victims' without their knowledge. Base on the evidence collected through the search
warrant, and the video/audio found on the SD card I found probable cause to charge Viren A. Patel with video
voyeurism and illegal device to intercept communication.
Viren A. Patel is a native of Gujarad India, and he is currently living in the United States on a student visa. Due
to Patel having ties to a foreign land, I feel Patel will leave the country before this case is resolved. I respectfully
request the courts have Patel surrender his passport.
AFFIDAVIT
CONTINUATION
Police
Department
City of Lake Wales
FORM #9013A - Revised 05/27/10
Lake Wales, FL
INCIDENT NUMBER
Agency ORI Number
FL0531300
150000724
SWORN TO AND SUBSCRIBED BEFORE ME, THE UNDERSIGNED AUTHORITY, THIS
20 DAY OF
March 2015
This affidavit was electronically signed
HERNANDEZ,DAVID
L334
DEPUTY CLERK/NOTARY PUBLIC/LEO
MAULTSBY,ALVIN
AFFIANT
L365