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
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