Nov,

29. 2014

N0.7233 P. 7

5:41AM

STATE OF NEW ME)ilCO

sn$5J[lfl$ruffHn.

COUNTY OF SA,I{ JUAI{

IN

TITE1

DISTRICT COTIRT

?0lqoEC-l

ffi 328

STATE OI.NEWME)ilCO
Vs,

Lot on west side of

County Rord 3261 atd intersection of
County Road 3264

AztecrNM,87410

SEARCH WARRANT
TIIE STATE OF NEW MEXICO, TO AI.IY OB'FICER AUTEORIZED
TO EXECUTE TIIIS \ffARRA]TIT:
Proof by Affidavit for Search Warant haviflg been submitted to me, I arn satisfied
that the person named/described and/or property (evidence) described in the Affidavit are
located v&e"e alleged in the Affidavit, aud I find that grounds exist fortho issuance of the
Search Warraut. A oopy of the Affidavit is attached and made a Part of this Searoh
Waxrant.

YOU ARE HEREBY COM1VIANDED TO SEARCE T'ORTIIWITH thE

person and/or place described irr the Affidavit, cnmmencirrg betweeu the hous of 6:00
im. and I0:00 p.m. I I have specifically authorized a nighttime search as steted below],
and continuing theleaffer until completed, for the person and/or property (evidence)
described in the Afrdavit, serving this Warrant togethc,r with a copy of the Affidavi! and

found

to seize
making the searoh and if the person and"/or property (evidence) be
the pei.son aud/or properfy(ovidence) and hold for safekeeping until f.rther Order oftle
Court.
Exeouting Officer(s) are direoted to prepare a written inventoty of any person or
property or evidence seized. You are further directed to file the Retum and wrttten
inventory with tho Clerk of this Court promptly after execution of this Search Warrant.

DATEDTHTI

2-1k

DAy oF

Nnfe,,b=wiat b 100*

Nov.

29, 2014

-. .,, " "ftiiL"dgy r. Yfl

5:42A[4

t0t{ Btc

DISTRICT COURT
rN rHE ELEvENTH ruDICIAlffisfSfffSr{TY
SAN JUAN COLTNTY
STATB OF NEW ME}ICO
7OIII DEC-I Pil

-t

st }

28

HH

}28

IN TIM I\{ATTER OF THE ISSUING A SEARCH WARRA}IT ON

NOVEMBER ,2014.

THE 29 DAY OF

AFFIDAVIT FOR SEARCH WARRA}IT

AfEant, being duly sworn, upon his oath, states and I have reasoa to believe that
on the following describedpremises, vehicle(s) and/orperson(s) of:

1.

The plemises) corner lot located on the iatersectioa of Cormf Road 3267 and County
Roaa 3ZO+ , Alteo,New Mexico, County of San Juan. The premises appear to be aa
empty lot located on the west side of 3267. According to the coutrty assessor
omergency services map the lotbelougs to Helen Wilson.

2. Any and alt vehicle(s) Iooated at above-doscribedpremises, to be searched.

kr the city or county designated above there is now beiag concealed:

t.

2.

Arnmunition, whether fired or unfued, projectilds), fragment(s) of projeotile(s),

ammunition casing(s) whether fircd or unfired and/or any other compouen(s) of
arnmgnition, Document(s) that establish ot tend to establisb ounrership, possession,
use, hansfer aad/or the right to oramership, possession, use and/or fiansfer of the,
herein-described item(s), to be seized.
Documentation of the herein-described premises, vehicle(s), person(s) aud/or the
herein-desoribed item(s), to bo seized, by means of measurement, photography,
videography and/or any other means deemed neoessary by law enforerment and/or
person(s) assisting law enforcement.

and the facts tending to establish the foregoirg gtounds for issuance
are as follows:

of

I,'t

a Search Warrant

Affiant, Rafael Gomez, is a full time salaried law enforce,urent officer who has
been employed bytheNewMexico State Police for aperiod of approximately six (Q
years and half. Af,Eant has received speciatized training in criminal investigations
through the New Mexico Law Enforcement Academy and the New Mexico State Police
Academy. Affiant has received advancod taining in both violent and non-violent crimes
including but not limited to homicide investigations, oluld fatalitres and physical abuso,
and nar.cttics investigations. Affiant has received both classroom and oa the job training
concerning the investigation of the above offense(s). Affianthas oonducted rumerous
criminal investigations that led to the arrest arid conviction of persons in violation of New
Mexico State Statutes.

Nov

29. 2l14

5:42AM1

N0,7233
0lsIRtra,

fr"rr r1;7

On Friday, November 28,2014, at approximately 5:15 p.m., San Juan County Sherriff
Departnent Deputies Sam Cordova and David Smith were flagged down by Jacob
Robinson and Taylor Haris. Jacob and Taylor advised deputies that they had dropped off
their uncle, Jackie Jobnson, at his rosidence located on Corurty Road 3267. As they
approached Jackie's residence, they observed two males having a conversation on the
steet, Wheu Jackie was dropped off, he was approached by an individual (who was later
identified as Miles Roughsurface). Miles approaohed Jackie and pushed him while near
the vehicle, Jacob and Taylor got out of the vehicle and confronted Miles. Miles reached
towards his back waist and pr:lled out a blackpistol (tevolver) with brown wooden handle
and tlueaiened them both. Jaokie told both Jacob and Taylor to leave and they did so,
About one minute later, Jacob received a call from his uncle Jackie and who advised him
that the guy (Miles) was shooting at him, but not to call the police.

White Doputies spoke to Jaoob and Taylor, tley heard shots being fired from the area
they were speal(ing about, County Road3267. Deputies reported the shots fued to
fispatch and requested assistance. San Juan County Sheriff s Deparrment Deputies
Miohael Caty,Ethan Fincher, and Jeremy Yarae responded to assist withthe call. Also
New Mexioo State Police Sergeant James Rempe responded to assist with the inciderrt.
Deputies made a plan to conduct a tactical approach at the residence using a marked unit
as cover and announcing themself as sheriffs office. As they approached the residence,
Sergeant Rompe flanked off(separated fiom the stack) to the left on au empty lot and
coveredthedeputiesusinghislongrifleAR-15. Whilecoveringthedeputies,Sergeant
Rempe observed a silhouette of aperson raising a weapon, which appeared to be a long
rifle, and aimed it at the sack of depuries. Sergeant Rempe fued two shots and shortly
after amale soreamed that he had missed. Sergeant Rempe still observed the male auning
the weapon at the deputies. Sergeant Rempe ran east from his location to another empty
lot andJired two more shots. The male subject fell to the ground and Seigeant Rempe
along with Deputies remained in their looation for a response from the male that was shot.
Moments later, afler no response frorn the rnale, they made an approach, observed that he
was unresponsive, and called for medical assistance. They kicked the weapon away from
the male, pat searched him, handcuffed him, and notioed ammunition in his pockets.
They identified the male as Miles Roughsuface, by using prior booking pictures. Once
the Pararrredics arrived at the scene, they advised the offrcers that Miles was dead,

While Deputies were preparing to tactically approach the ma1e, they requested the San
Juan County Shemiffs Department air support (helicopter). As they were approaching the
rnale's residenoe, air support started to orbit (fly) over the soene of County Road 3267 and
tlre intersection of County Road 3264. Fotward Looking Infra-Red Radar GLIR)
operator Deputy Jarnes Roberts observed an individual standing neer a fence moving his
left hand and holding an item with his right hand in a downward position. As the
helicopter contrnued to or'bit and lost sight of the subject, they heard a radio transmission
that shots had been fired. Wlien the helicopter orbited over the subject again, Deputy
Roberts observed a rnale lying on the ground and not moving.
Also while Deputies wet'e apploaohing the area where shots were being fired, they were
approached by Sheri Hicks. Sheri advised Deputies that a male, identified at Miles
Roughsurface, holding a weapon had previously told her to get away from him before he
shot her.

Nov,29, 2014

5:42A['1

N0,7233 P.

coatact with
After the incident, Deputies continued to look around the area and made
of Miles'
north
Thomas Baually at hoirse # 15 County Roadf267, which is located
investigative
residence. Thomas was sitting in a white reclhet and was taken under
detention by san Juan County Sheriffs Deparfirreut Deputies.

During preliminary interviews it was discovered that Thomas and Miles were friends'
up t; the morrntain to go shooting and hanged out together within the
Ut"a 6
neighborhood.

**

Attorney Brent
Seatch wanant was telephoaically approved by Eleventh Judicial Diskict
a.m.
5:30
Capshaw on Saturday, Novenrber 28,2074 at approximately
is
Documentation of the herein-d.escribed pre,mises, vehicle(s) and/or person(s)
location
important to the iuvestigation. It is important to document the condition and/or
ofitems found at the scene and/or their context within the scene.

Affiant is aware through training and expericnce that beforc, during and/or after
tle commission orime(s) tUere is often fuansfer of erideo"" benryeen suspect(s), victim(s),
visible to the uaked eye'
witness(es) and/or theirlnvironment. This evidence may not be
petsorr uiho may
The evidence, if it exists, may assist iu detersfuing tho identity of any
have beenprescnt at the time of the incident.

AfEant is aware tlrough taining and experienco that people involved *^tr"
of evidence,
commission of crime(s) often auernpt to conceal, tamper with and/or dispose
attelupt
may
They
seized.
be
to
including but not fimiiia to dre heroin-descdbed item(s),
to rcnder
to give uid o, assistance to victim(s) after an act of violence. The materials used
orime(s)'
the
of
aiimay assisr investigators in identi&ing people with lnowtedge

Affiant is also aware that suspect(s), viotirr(s) and/or witress (es) may docurnent
forms of
infor:nation relatiag to the crime(s) on pup*, on computers and/ot on other
the
media. They often make and/or receive tilephone calls before, during and/or after
to
co**ission crime(s). Such information, if it exists, may be material and relevant this
iortttigutio". This'warrant shatl include the viewing, listening to, copying, transcribing'
transfeiing and/or recording of data on the herein-described item(s), to bo seized'
Affiant is aware through taining and experienoe that people who have apparent
knowledge of the incid,eut ofteu make telephone calls to the sceue and/or atlempt to
are
communicate with each other during the time that law enforcement personnel
execgting the searoh warrant. These people often utilize a variety of cogxnunications
including, but not limited to pagers andlor cellular telephones to coamunicate
"qrrip*"it,
b;f;, during and #er the incident. Answering incoming telephone calls while at the
with information
soene and speakiug with these peoplo often provides law enforcement

10

Nov

29, 2014

No 7233

5:43A[4

that is material and relevant to this investigation. It is often neoessaxy to answer

communications devices including but Dot limited to cellular telephones after seizing the
devices, pursuant to the warrant,

Affiant is also awarc that item(s) which establish or tord to establish possession,
use, residence, proserce and/or occupancy ofthe herein-deseribcd premises and/or
vehiole(s), to be searched often demonsfuate who had access to the promises and/or
vehicle(s). Such information may be material and relevant to tlis tnvestigation.

Therefore, in order to ensure that a complete and thorough investigahon,

investigators may be required to exanine the entire, above-mentioned premiscs,
vehicle(s) and/or person(s), including, but not limitcd to, the examination of fi:uriture,
walls, orawl.spaces and/or attics. It may be necessary for investigators to remove and/or
damage eutire portions of the premises andlor vehicle(s) including but not limited to
doors, windows, ca^rpets, upholstern clothing mechanical equipmen! plumbing and./or
other items,

Thelefore, Affiant respectfully requests that &e Court issue a Wa:rant

oommanding the search the above-described premises, vehicle(s) and/or person(s).

Subsoribed and swom to before me in

San Juan County, New Mexico on tlis

.Lq*

ouy

oil'J oa'*.9^.-. zot+

Jy'dg", Notary or other officer

/authorized to administer oaths,

Approved

as

Rafael

to legal suffioiency:

warrant. If no criminal
proceedings are filed, the affidavit and warrant shali be filed in a miscellafleous file^

Note: This affidavit shali be filed in the same file

as the search

11

Nov

29,2014

N0.7233 P,

5:43AM

STATE OF NEW ME)ilCO

12

DISTRICI COURT "

SAH JUAH COU}ITY }IH
F ILED

COUNTY OE'SAN JUAN

IN THE DISTRICT COURT

zuqt}EC-l m 327

STATE OE'NEW ME)ilCO

Vs.
House # 9, County Road 3267

AztecrNMr 87410

SEARCII WARRANT
TIIE STATE OX'NEW MEIilCO, TO AI{Y OX'FICER AUTHORIZED
TO EXECUTE THIS WARRAN'T:
proof by Affrdavit for Search $/arrant having beea submitted to me, I am satisfied
that the pe15onnarned/described and/orproperty (evidence) desoribed iu the Affidavit are
Iocated *h"r" alleged in the Affidavit, and I find that grounds exist for the issuance of the
Search Warrant. A *py of the Affidavit is attached and made a Part of this Searoh
Warrant.

YOU ARE,IIEREBY COMMANDED TO SEARCII TORTIIWITH thE

person and/or place desoribed in the Affrdavit, cornmencing befween the hours of 6:00
a.m. and 10:00 p.m. I I have specifioally authorized a nighttime searoh as stated below]'
and continuing th"r"uft"r until completed for the person and/or property (evideace)
d.escribed in tho Affi.davit, serving this'Warrant together with a copy of the Affidavit, and
making the search, and if the person and/or property (evidence) be found the_rq to seize
the per:son and/or property(evidence) and hold for safekeeping until fixthet Otder of the
Court.

Executiag Officer(s) are directed to prepare awritten inventory of any person or

properly or evidJace seized. You are firrther directed to flle the Retum and writteo
in e"tory with the Clerk of this Cor.rrt prompfly ater execution of this Search Wa::ant.

DATED

THIS ..24t*

DAY orVeu.rr..k,2014,"t,

6 ''O o

"^

<;r=./

N0v,29,2014

No,

5:43Atu1

iN THE ELEVENTH JUDICIAL DISTRICT

SAN ruAN COUNTY
STATE OF NEW MEXCO

7233

P,

DISIRICT COURI
SAH JUAH COUHTY HH

FILTD

uolrt 0EC

IN THE MATTER OF THE ISSLIING A SEARCH WARRANT ON

NOVEMBER ,2014,

AFFIDAVM FOR SEARCH WARRA}{T

-t fl 7?7

THE 29 DAY OF

AfiEant, being duly sworn, upon his oath, states and I have reason to beliwe that
on the following deseribed premises, vehicle(s) and/or person(s) of:
1.

The premises, its crutilage, all dwelliag(s), structure(s), whether attached and/or

unaftached, trash container(s) well house(s) and/or located at# 9 County Road3267,
Aztec,New Mexioo, County of San Juan. The premises appeffi to be located on the
intersection of County Road3264 and County Rnad3267. Residence is yeliow in
color with a gleea roof, has a driveway entrance on the north side of the residenoe and
one drive way on tle south side of thc residence. Noar the drive way on the south
side two mail boxes one with the numeric of 3264 #9 atdthe other #zs,niert to the
mail boxes sits a white gamping trailer. The front door faces east it is white in color
and has a window on the top portion of it. Thlee windows are located on the south
end of the residence. A wood arrd metal fence surrounds the front entrance. In the
back yard of the residerce several un-operative vehicles also sit on the property.

Any and all vehiole(s) Iocated at above-desoribed ptemises, to be searched.

In the city or county designated above there is now being concealed:
Photos of the clothed/unclothed body of Miles Roughsutface, sufficientto document
any injuries that he/she sustained during the incident, as well as the identification of
other evidence that may have been deposited on hisftrer person during, or as a result
of, the inoident.
Bodily fluid(s), bodily tissue(s) atd/or bodily organ(s) including but not limited to
saliva, semen, blood, bone fragments, skia, hair and/or any item(s) that may have
said item(s) upon and/or within them.
3, Material(s) apparently used and./or intended for use in administering aid and/or
assistance to injwed people.
4. Firearrn(S) black revolver with brown wood handle, firearm components, firearm
accessories, firearm cleaning materials, firearm cases, firearm owner manuals and/or
any otler items used to facilitate the possession, use, maintenance and/or transfer of
the said item(s), Document(s) that establish or tend to establish ownership,
possession, use, transfer and/or the right to ownership, possession, use and/or tansfer
of the horein-described itom(s), to be seized.
5. Ammunition, whether fired or unfue( projectile(s), fragment(s) of projectile(s),
ammunition casing(s) whether fired or unfired and/or any other component(s) of
ammunition. Document(s) ttrat establish or tend to establish ownership, possession,
1.

11

t)

Nov,

29. 2|,14

5:43Alv1

N0,7233 P,

use, transfer and/or the right to ownership, possession" use and/or traosfer of the,
herein-described item(s), to be seized.

6.

Documentation of the herein-described premises, vehicle(s), person(s) and/or the

herein-described item(s), to be seized, by means of measurement, photography,
videography aud/or any other means deemed necessary by law enforcement and/or
person(s) assisting law enforcement.

and the facts tending to estabiish the foregoing grounds

are as follows:

for iszuance of a Search Warrart

Affiant, Rafae1 Gornez, is a firlltime salaried law enforcement officer who has
employed
been
by the New Mexico State Polioe for a period of approximately six (6)
years and haH. Affiaut has received specialized training in criminal investigations
through the New Mexico Law Enforcement Academy aad the New Mexico State Police
Academy. Affiant has received advanced haining in both violent and non-violent crimes
including but not limited to homioide investigations, child fatalities and physical abuse,
and narcotics investrgatrons. Affiant has received both classroom and on the job ftaining
concerning the investigation of the above offense(s). Affiant has conducted numerous
criminal investigations that led to the arrest and conviotion of persons in violation of New
Mexico State Statutes.
On Friday, November 28,2014, at approximately 5:15 p.m., San Juan County Shemiff
Deparhnent Deputios Sam Cordova and David Smith wore flagged down by Jacob
Robinson and Taylor Haris. Jacob and Taylor advised deputies that they had dropped off
their uncle, Jackie Jobnson, at his residence located on County Road3267. As they
approached Jackie's residence, tley observed two males having a conversation on the
steet. When Jackie was dropped ofl he was approached by an individual (who was later
identified as Miles Roughsurface). Miles approached Jackie aad pushed him while near
the vehicle, Jacob and Taylor got out of the vehicle and confronted Miles. Miles reached
torvards his back waist and pulled out a black pistol (revolver) with brown woodea handle
and threatened them both. Jackie told both Jacob and Taylor to leave and they did so.
About one minute later, Jacob reoeived a cail from his turcle Jackie and who advised him
that the guy (Miles) was shooting at him, but not to call the police.

While Deputies spoke to Jacob and Taylor, they heard shots being fued from ttre alea
they were speaking about, Couaty Road 3267. Deputies reported the shots fired to
dispatch and lequested assistance. San Juan Comty Sheriffs Department Deputies
Michael Carry, Ethan Fincher, and Jeromy Yazae rosponded to assist with the call. Also
New Mexico State Police Sergeant James Rempe responded to assist rvith the incident.
Deputies ruade aplan to conduct a tactical approach at the residenee using a marked unit
as cover and announoing themself as sheriffs office. As they approached the residence,
Sergeant Rempe flanked off(separated fiom the stack) to the left on an empty lot and
covered flre deputies using his long rifle AR-l5. While covering the deputies, Sergeant
Rempe observed a silhouetto of a porson raising a weaponr whioh appoared to be a iong
rifle, and aimed it at the stack of deputies, Sergeant Rempe fired two shots and shortly
after a male screamed that he had missed. Sergeant Rempe still observed the male aiming
the weapon at the deputies. Sergearrt Rempe ran east from his location to another empty

14

Nov,29, 2A14

5:44AM

No, 7233

P,

Sergeant Rernpe
lot and fired hvo more shots. The ruale subject fell to the ground and
male that was shot'
the
from
along with Deputies remained in their location for a response
observed that he
Morirents later, after aO resPorse from the male, they made an approaoh,
away from
weapon
the
kicked
*ur,*'".porr.iru, and callid for medical assistance. They
pockets.
in his
the male, iat searched him, handcuffed him, and noticed ammurrition
pictures' Once
prior
booking
using
by
They ideniifiod the male as Miles Roughsr:rface,
was dead.
the iaramedics a:rived at the sceno, they advised the offioers that Miles

while Deputies were preparing to tacticalty approach the male, they requested tho
wele apPloaching the
Juan Cou;ty Sheniffs nepartient air support @elicopter). As they
Road3267 and
County
of
male,s residcnce, air support started to orlit (fly) over the scene
the intersection of couaiy Road 3264. Forward Looking Infra'Red Radar GLIR)
rnoving his
operator Deputy James Robcrts observed an individual standing near a fence
the
fen Uana *a Ultaing an item with his right hand in a'downwatd positiot" As
tansmission
a
radio
heard
they
subject,
helicopter continueJto orbit and lost sight ofthe
Deputy
that shots had been fued. Wheu the helicopter orbited over the subjeot again,
Roberts observed a male lying on the ground and not moving'
San

they were
Also while Deputies were approaching the area where shots were being fued,
at
Miles
identified
male,
approached Uy St eri Hicks. bheri advised Deputies that a
nl'ugh**fucq holding a weapon had previously told her to get away from hirn before he
shot her.

with
After.the incident, Deputies continued to look around the area and made contact
of
Miles'
north
located
is
Thomas Banally at ho-use # 15 County Road 3267, which
investigative
residence. Thomas Was Sitting in a White recliuer and was taken under
detention by san Jua:r couaty sheriffs Dcpartment Doputies.
were friends,
During preliminary interviews it was discoveredthat Thomas an'd Miles
within the
together
Iiked to walk up to the mountain to go shooting and hanged out
neighborhood.

Attorney Brent
Search warrant was telephonically approved by Eleventh Judicial Distriot

Capshaw on Saturday, November 28,2A14 at approximately 5:30 am-

person(s) is
Documentation of the herein-described premises, vehiole(s) and/or
location
and/or
condition
the
important to the investigation. It is important to document
ofitems found at the scebe and/or their context within ttre scene'

Affiant is aware through tlaiuing and experience that before, duling and/or after
susPect(s), victim(s),
the commission mime(s) therJis often n'ansfer of evidence between
be visible to the naked eye'
witness(es) and/or their.environment. This evidence may not
pelson who may
The evidence, if it exists, may assist in determining the identity of any
have been present at the time of the incident.

t5

Nov

29, 2A14

5:44AM

P,

No, 7233

Affiant is aware through taining and experience that people involved in the
commission of crime(s) often attempt to cooceal, tamFer with and/or dispose of evidence,
including but not limited to the herein-dcscribed item(s), to be seized. They may attempt
to givo aid or assistance to victim(s) after an aot of violence. The materials used to render
aid-may assist irrvestigato$ in identiffing people with larowledge ofthe crime(s).

Afiant is also aware that suspect(s), viotim(s) arfilor wrtness (es) may docurnent
infonnation rclating to thc crimc(s) on paper, or comPuters and/ot on othu forms of
media Thoy often make an#or receive telephone calls before, during and/or after tho
commission crirne(s). Such information, if it exists, may bo rnaterial and relevant to this
investigation. This warrant shall inctude the viewing, listening to, copying, tr.ans_crrbiag,
ransferring and/or recor'diug of data on thc herein-desoribed item(s), to be seized.

Affiant is awarc through training and experience that people who have apparcnt
loowledge of ths incident often make telephone calls to the soene and/or attenrpt to
communicate with each other during the time that law enforcemeat personrcI are
executing the search warra$t. These people often utilize a variety of communications
equipment, including, but not limited to pagers and/or cellular telephones to cornmtmicate
befoie, during and after the incident. Answering incoming telephone calls while at the
scsne aad spurting withthese people oftenprovides law eafotcement with hfonnation
that is material and lelevant to this investigation. It is often necessary to arswer
oomnrunicatious devices iactuding but not timited to cellular telephones aftor seizing the
devices, prrrsuant to the warrant.

Affiant is also aware that item(s) which establish or tend to establish possessior,

use, rcsidence, preseflce and./or occupancy of the herein-deseribed premises and/ot

vehicle(s), to be searched, often demonsftate who had access to the premises and./or

vehiclo(s). Such informotion may be material and relevant to this investigation.

Therefore, in order to ensuro that a complete and thorough investigation,
investigators may be required. to examine the entire, above-mentiofled premises,
vehicle(s) and/orperson(s), inoluding, but not limited to, the examination of finniture,
walls, crawl-spaces and/or attics. It may be necessary fot investigators to remove and/or
damage eatirepotions of the premises and./or vehicle(s) including but not limited to
doors, windows, ca4lets, upholsteiy, olothing, meohanical equipment, plurnbing and/or
other items.

Therefore, Affiant respectfirlly requests that the Court issue a Warrant

commanding the search the above-dcscribed premises, vehicle(s) and/or person(s).

16

N0v.29,2014

N0.7233 P,

5:44A[4

Subscribed and swom to bofore me in

San Juan County, New Mexico on this

Lq*

ouy of

nt"*b*-

.2g1a

authorized to administer oaths.

Rafa$/,Womez
eeahdNM State Polioe

Approved as to legal suffioiency:

Note: This affidavit shall be filed in the same file as the search warrant, If no criminal
proceedings are filed, the affidavit and warrant shall be filed in a miscellaneous file,

11

.*.Nov,

29.

20

14

No, 7233

5:40AM

STAI'E OT NEW MEXTCO

COI,INTY OF SA}[ JUA}[

P,

DI5 f RICT OOURT

SAH JUAH COUHTY HH

FILED

IN THE DISTRICT COURT

?0itl iltC

Pt{ 3' 25

STATE Ox. NEW ME)ilCO

Vs.

Lot on east side of

County Road 3267 and lnterscctlon of
County Road3264
AzJec.,IYM, E74I0

SEARCHWARRANT
TIIE STATE O['I{EW MEXICO, TO ANY

OX'E'rCER

AUTITORIZED

TO EXECUTE THIS WARRAITIT;

hoof by Affidavit for Scaroh'lV'arrant having been submitted to me, I am satisfied

*rat the persorl named/described and/or property (evidence) described in the Affidavit are
located where alleged in the Affidavit, and I find that grounds exist for the issuance of the
Search Warrant. A copy of the Affidavit is attached and made a part of this Search
Warrant.
YOU ARE HEREBY COMMANDED TO SEARCH FORTIIVI{TII the
person and/or place described fu the Affidavit, courmencing between the hours of 6:00
a.m. and I0:00 p.rn. I I have qpecifically authorized a nighttirne search as stated below],
and continuing thereafier urttl completed, for the person and/or property (evidence)
'Warrant
described in the Affidavit, serving this
together with a oopy of the Affidavit, and
making the searoh and if the persoD and/orproperty (evidence) be found tlere, to seize
tle person and/orproperty(cvidence) and hold for safekeeping until further Order of the
Court.

Executing Offrcer(s) are directed to prepare a written inventory of any person or

properfy or evidence seized. You are firther direoted to file the Rohun and written
invoutory with the Clerk of this Court pror4ptly a^fter execution of this Searoh Wa:rant.

DATED

THIS 21 ,'.

DAy Or il\Jaa-.6^- zota at G ) Od

o-

No

v 29. 2014 5:40AM

No,

IN THE ELEVENTH JUDICIAL DISTRICT

SAN ruAN COI.JNTY
STATE OF NEW MEXICO

7233

'^fryf*,is,,
?lytfrtc_t

IN T}IE MATTER OF THE ISSUING A SEARCH I$/ARRANT ON

NOVEIvIBER .2014.

w 325

T}IE 29 DAY OF

AFFIDAVIT FOR SEARCH WARRANT

Affrant, being duly sworn, upon his oath, states and I have reason to believe that
on the following described prerrrises, vehicle(s) and/or person(s) of:

1.

The premises, corner lot looated on the iatersection of County Road 3267 and County
R;oad 3264, Azlss,New Mexico, county of san Juan, The premises appear to be an
eflryty lot located oa the east side of 3267. According to the county assissor

emergency servioes map the Iot belongs to Clark Spencer.

2,

Any and all vehicle(s) located at above-described premises, to be searched..

hthe oity or eounty designated

above thore is now being conoealed:

1. Arnmunition,

2.

whether fired or rrnfired, projectite(s), fragmcn(s) ofprojectile(s),

ammunition oasiug(s) whether fired or unfired and/or any othor componentt+of
ammunition. Document(s) that establish or tend to establish ownership, possessioa,
usg Uansfer aud/or the right to oumership, possession, use aud/or transfei ofthe,
herein-described item(s), to be seized.
Dooumentation of the herein-desoribed premises, vehiole(s), person(s) and/or the
herein-described item(s), to be seized, by means of measuremen! photographn
videography and/or any otler moans deemed necessary by Iaw cnflrccminiand./or
persou(s) assisting law enforcement.

and the faots tending to establish the foregoing grounds for issuaoce of a Search lVarrant
are as

follows:

Affiant, Rafael Gomoz, is a full time salaried law enforcement officer who has
been employed by the New Mexico State Police for a period of approximately six (d)
years and half. Affiaut has received specialized training in cdminal investigations
tbrough the New Mexico Law Enforcement Academy and the New Mexico State police
Academy. Affiant has received advanced training in both violent and non-violent crimes

includiug but not Iimited to homicide invostigations, ohild fatalities aod physical abuse,
investigations. Affiant has received both classroom anil o" trre3ou tainiug
concerning the investigation of the above offense(s). Affiant has conducted riumerous
criminal investigations that led to the arrest and conviction of persons iu violation of New
Mexico State Statutes.
and narcotics

P.

Nov.29, 2014 5:4lAM

N0,7233 P.

Sheniff
On Friday, November' 28,2014,at approximateiy 5:15 p.m., San Juan County
Jacob
by
down
flagged
wore
Deparnnent Deputies Sam Corciova aud David Smith
off
Rolinson and Taylor Hamis. Jacob and Taylor advised deputies that they had dropped
p(oaA3267.
As they
their uncle, Jackie Johnson, at his residence located on County
the
approachei Jackie's residence, they observed nro males having a conversation on
sieet. Wheu Jaokie was droppea ofl he was approached by an individual (who was later
near
ideatified as Miles nougtrsurlice), Miles approached Jackie and pushed him while
reached
the vehicle. Jacob and iaylor goi out ofthe vehicle and confronted Miles. Miles
handle
woo{91
brown
(revolver)
with
towards his baok waist and pulied out a biack pistol
jackie
so.
told both Jacob aad Taylor to leave a:rd they did
and theatened them both.
hirn
About one minute later, Jacob received a cail fi'om his uncle Jackie and who advised

that the guy (Irdiles) was shooting at him, but not to oall the polioe.

While Deputies spoke to Jacob and Taylor, they heard shots being fired from the area
they werespeaking about, County Road 3267. Deputies reported the shots fired to
Deputies
diqpatch ao-d requested assistance. San Juan County Sheriffs Departrnent
frAi.U.f Carry,itU* Fincher, and Jeremy Yaz-zieresponded to assist with the call. Also
New Mexico State Police Sergeant James Rempe responded to assist with the incident.
unit
Doputies made a plan to oonduct a taotical approach at the residence using a marked
the residence,
as iover and announcing themself as sheriffs office, As they approached
lot and
an
empty
on
left
iergeant Rempe flankJ off(separated from the stack) to the
covlred the deputies using his Iong rifle AR-15. While oovering t}e deputies, Sergea"nt
be a long
Rempe observid a silhouJtte of a person raising a weapon, wtrich aPpeared to
and
shortly
rifle, and armed it at the stack of deputies, Sergeant Rempe fued two shots
the maie aiming
a.fter a male screamed that he had missed. Sergeant Rempe still observed
another empty
to
the weapon at the deputies. Sergearrt Rempe ran east from his location
Rempe
lot and fired two moie shots. rhe male subject fell to the grouud and sergeant
was shot'
that
male
the
from
along rvith Deputies remained in their location for a response
MoJents later, after no req)onse from the male, they made an approach, observed that he
weapon away from
wss wuesponsive, and catted for medical assistance. They kicked the
his pockets'
in
the ma]e, iat searched him, handcuffed him, and noticed atrrmunition
piotures. Once
They identified the male as Miles Roughsurface, by using plior booking
was dead'
the paramedios arrived at the scene, they advised the officers that Miles
San
While Deputies were preparing to tacticaliy approach the male, thoy requested the
the
approaching
Juan County Sheruiffs Deparlment air support (helicopter). As they wete
Road 3267 and
male,s resi.dence, air support started to orlit (fly) over the scene of County
(FLIR)
Radar
rhe interseotion of Corinty Road 3264. Forward Looking Infra-Red
aferrce moving his
operator Deputy James Roberts observed an individual standing r.ear
ten Una *d hoiding an item with his right hand in a downward position. As the
transmission
helicopter oontinuod-to orbit aud lost sight of the subject, they heard a radio
again, Deputy
that shots had been fired, When the helicopter orbited over the subject
Roberts observed a male lying on the ground and not moving'

being fired, they were

AisO while Deputies Were apploaching the area where shots were
at Miles
identified
bySheri Hicks. Sheri advisecl Deputies that a male,
"pp.o*h"d holdiog a weapon hacl previously told her to get away from him before he
Roughsurfa"",
shot her.
2

N0v,29.2014

5:4lAf,/

No,

7233 P, \

After the incident, Deputies continued to look around the area and made contact wrth
Thomas Banally at house # 15 County Road3267, which is located north of Miles'
residence, Thomas was sitting in a white recliner and was taken under investigativo
detention by San Juau Couaty Sheriffs Dopartment Deputies.
During preliminary interviews it was discovered that Thomas and Miles were friends,
liked to walk up to the mountain to go shooting and hanged out togother within the
neighborhood.
Searoh warr'aut was telephonioally appoved by Eleventh Judicial District Attorney Brent
Capshaw on Satuday, November 28,2074 at apptoximately 5:30 a'm.

Documentation of the herein-descnbed premises, vehicle(s) and/or person(s) is

important to tbe investigation. It is important to document the condition and/or location
of items found at the scene aad/or theil context within the scene.

afiiant is aware tlrough training aud experience that before, duriag and/or after
the commission crime(s) there is often transfer of cvidence between suspect(s), victim(s),
wimess(es) and/or tbeir environment. This evidenoe may not be visible to the naked eye.
The evidence, if it exists, may assist in determining the identity of any person who mily
have beer preseat at the time of ttre iacident.

Affi.ant is aware tluough traiuing and experience that pcople involved in the
commission of srime(s) often attempt to ooaoeal, tamper with and/or dispose of evidence,
including but not limited to the herein-descnbed item(s), to be seized. They may attemPt
to give aid or assistance to victim(s) aft"r an act of violence. Thc materials used to render
aid may assist investigators in identiffing people with knowledge of the crimeft).

Affiant is also aware that suspeot(s), victim(s) and/or witness (es) may document
information relating to the crime(s) on papex, on computers and/or oil other forms of
media. They oftenmake and/or receive telephone calls before, duriag and/or afterthe
commission crime(s). Suoh information, if it exists, may be matertal and relevant to this
investigation. This wantsnt shall include the viewing, Iisteniug to, copyiag, transcribiug,
transfering and.ior recording of data on the herein-described item(s), to be seized.

Affiant is aware through training and experience thatpeople who have apparent
knowledge of the incident often rnake telephone calls to the scene and/or attempt to
commuticate with each other during the time that law enforcement personnel are
executing the siarch warrant. These people often utilize a variety of cornmunioations
equipment, inoludin& but not limited to pagers and/or cellular telephoues to commuaicate
before, duung aud after the incident. Answering iacoming telephone calls while at the
scene and speaking with these people often provides Iaw enforcement with informarion

Nov,29. 2014

N0,7233 P,

5:41A[l1

that is material and relevant to this investigation. It is offen necessaryto answer

communications devices including, but not limited to cellular telephones after seizing the
devioos, pursuaut to the wamant.

Affiant is also aware that item(s) which establish or tend to establishpossession,

use, residence, presence and/or occupancy ofthe hereir.-doscribed premises and/or
vehicle(s), to bo searched, ofteu demonstate wtro had access to the premises and/or
vehiole(s). Such information may be material snd relevantto ttris investigation.

Therefore, in order to ensure that a complete and thorough investigation,

investigators may be required to examinc the entirc, above-mcntioned.premiSes,
vehicle(s) and/or person(s), iucluding, but not limited to, the examination of fumituro,
walls, crawl-spaces and/or attics. Itmay be necessary for investigators to rornove and/or
damage entire portions of the premises aad/or vehicle(s) including but not limited to
doors, Windows, carpets, upholstery, clothing mschaniCal equipment, pluubing and/or
other items.

Therefore, Affiant rcspectfully requests that the Court issuo a War:ant

commanding the search the above-described premises, vehicle(s) and/orporson(s).

Subsuibed and sworn to before me itr

San Juan County, NewMexico on this

2-7L .day of :ile4cla-r-, 20i a

ge, Notary or other

officer

authorized to administer oaths.

Approved as to legal sufficiency:

Note: Ttris afiidavit shall be filed in the same file as the search wetrant. If no criminal
prooeedings are filed, the affidavit and warant shall be filed in a mlscellaneous file .

Nov,

29.2014

0.7233 P, I
1

5:44AM

-oiffnrcr

STATE OX'NEW MEXICO

couRl

SAH JUAH COUHTY }IH

COTINTY OX'SAI\[ JUA}[

FILED

IN THE I}ISTRICT COURT

miloff-l

Pll

)28

STATE OFI\{EWMEXICO
Vs.
House # 15, County Roail 3267

AztecrNM, E7410

SEARCHWARRAIYT
THE STATE OT'NEW MEXICO, TO AI{Y OF'EICERAUTHORIZEI)
TO EXECUTE TIIIS WARRANT:
Proof by Affidavit for Search Warranthaving beon submitted to me, I am satisfied
that&e persorrnamed/described and/or property (cvidence) described in the Affidavit are
located ivt"ru alleged in the Affi.davit, ,na I nna that gpounds exist for the issuanoe oftle
Searoh Warrant. Acopy of the Affidavit is attached and made a part of this Scarch
Warrant.

YOU ARE HEREBY COMII{AI\DED TO SEARCII FORTITWITHIhE

person and/or place desoribed in the Affdavit, commenoing betweea the hours of 6:00

a.m. and 1010d p.m. I I have spccifically authorized a nighttime search as stated below],
and continuing ther-eafrer,rotil co*pleted, for the person andlot propelry (evidence)

Affidavit, serving this Y/arrant together with a copy of the Affidavit, and
making the search and if the persotr and/orproperty (evidence) be found thete, to seize
thc peison and./or property(evideaoe) and hold for safekeeping until fitrther Order of the
desoribed

i11

the

Court.
Exeouting Officer(s) are directed to prepare a rryritten inventory of anyperson or
prope$y or evidence seized. You are further drrected to fiIe the Return and written
i"ul"to.y wittr the Clerk of this Courtpromptly after execution of this Search Warant.

DATED

THIS

L4{

DAy Op lVa../a,,tL z0t4 at 6

,?0^-

No

v,

No.

29. 2014 5: 44AM

7233 P, I 9

DISTRICT COURT
SAH JUAN COUHTY ilI'I

IN THE ELEVENTH JUDICIAL DISTzuCT

SA}I ruAN COIINTY
STATE OF NEW ME)OCO

FILED

?0lqotc-l

IN TIIE I\{ATTER OF THE ISSUING A SEARCH WARRA}I'T ON

NOVEMBER ,2014,

Ptt

)28

TIIE 29 DAY OF

AFFIDAVIT FOR SEARCH WARRANT

Affiant, being duly sworn, upon his oath, states and I have reason to believe that
on the following described premises, vehicle(s) and/or person(s) of:

1.

The premises, its curtilage, all dwelling(s), stoucture(s), whether attached and/or
unatiached trash contaiiei(s) well house(s) arrdlcr, located at# 15 Cormty Road 3267,
north
Aztec,New Mexico, County of San Juan. The premises appeaxs !o b9 located
of oa the intersection of County Road 3264 and County Road 3267. Rcsidence
consist of a dirt drive way on tho north side of the ptoperty, leads west on to the
property and near it the aumeric's to the prope,rty. On the property three white
one whte Chevrolet piclcup truck,_ o:re blue Ford pickup aad one

i*ipir!

tailers,

Er
UUe nora pickup truck with a white oamper all vehicles appeat to be un-operative.
front of tne white Chevroletpiokup tuck a white (lazy boy) recliner is looated. The
whito trailers are lined up from westto east and on the norttr sido a brown with white
camper

Z.

tailer sitting rear a cliffbluffnear it.

Aay and alt vehicle(s) looated at above-described premises, to be ssarched.

In the oity or county designarcd above there is trow being ooncealed:

with brown wood handle, firearm componerrts,

fuearm accessories, fuearm cleaning materials, firearm caSos, firearm owner manuals
and/or any other items used to facilitate the possession, use, maintenanoe and/or
transfer of the said item(s). Document(s) that establish or tend to establish ownership,
possession, use, transfer.and/or the rightto ownership, possession, use and/or frander
of the herein-desc.ribed item(s), to be seized.
Ammunition, whether fued or unfired, projectile(s), fragment(s) of projectileG),
ammunition casing(s) whether fired or unlired and/or any other component(s) of
arnrnunition. Docirment(s) that ostablish or tend to establish owuership, possession,
use, h'ansfer and/Or the right to ownership, possession, USe and/Or transfer of the,
herein-described item(s), to be seized.
Documentation of the hirein-described premises, vehicle(s), person(s) and/or tlre
herein-desoribed item(s), to be seized, by means of measUrement, photography,
videogaphy and/or any other meaus deemed Decessary by law enforcement aud/or
person(s) assisting law onforcement.

1. Firearm(s) blaok revolvet/pistol

2.

3.

Nov,

29, 2014

5:45AM

No, 7233

P,

and the facts tending to establish the foregoing grounds for issuance of a Search Wauant
are as

foliows:

Affiant, Rafael Gomez, is a full time salaried law enforcement officer who has
been employed by the New Mexico State Police for a period of approximately six (6)
years aud half. AfEant has teceived speoialized training in criminal investigations
through the New Mexico Law Enforcemont Academy and the New Mexico State Police
Academy. Affiaut has received advanced training in both violent and non-violent crimcs
including but not limited to homicide investigations, ohild fatalities and physical abuse,
and narootics investigations. Affiant has received both classroom and on the job trairring
conoenring the investigation of the above offense(s). Affiant has oonducted numerous
crimin l investigations that led to the arrest a:rd conviotion of persons in violation of New

Mexico State Statutes,

On Friday, November 28,2014, at approximately 5:15 p,m., San Juan County Sheriff
Department Deputies Sam Cordova and David Smith were flagged down by Jacob
Robinson and Taylor Harris. Jacob and Taylor advised deputies that they had dropped off
their uncle, Jackie Johnson, at his lesidence located on Couuty Road 3267. As they
approached Jaclcie's residence, they observed two males having a conversation on the
street. When Jackie was dropped off, he was approached by an individual (who was later
identified as Miles Roughsurface). Miles approached Jaclcie and pushed hirn while near
the vehicle. Jacob and Taylor got out of the vehicie and confronted Miles. Miles reaohed
towards his back waist and pulled out a biack pistol (revolver) with brown wooden handle
and threatened them both. Jaolcie told both Jacob and Taylor to leave and they did so,
About one minute later, Jacob received a call from his uncle Jackie and who advised him
that the guy (Miles) was shootiug at him, but not to call the police.

While Deputies qpoke to Jacob and Taylor, they heard shots being fired from the area
they were speaking about, County Road3267. Deputies reported the shots fired to
dispatch and requested assistance . San Juan County Sheriffs Deparbnent Deputies
Michael Carry, Ethan Fincher, and Jeremy Yazzie responded to assist with the call. Also
New Mexico State Police Sergeant James Rempe responded to assist with the incident.
Deputies made a plan to conduct a tactical approach at the residence using a marked unit
as cover aud aru:ouncing themseH as sheriff s office. As they approached the tesidence,
Sergeant Rempe flanked off (separated from the stack) to the left on an empty lot and
covered the deputies using his long rifle AR-15. While covering the deputies, Sergeant
Rempe observed a silhouefte of a person raising a weapon, which appeared to be a long
rifle, and aimed it at thb stack of deputies. Sergeant Rempe fired two shots and shortly
after a male screamed that he had missed, Sergeant Rempe still observed ths male aiming
the weapon at the deputies. Sergeant Rempe ran east from his location to another empty
lot and fired two more shots. The male subject feli to the ground and Sergeant Rempe
along with Deputies remained in their looation for a response from the male that was shot.
Mornents later, after no response from the male, they made an approach observed that he
was uruesponsive, and called fot rnedical assistance. They kicked the weapon away from
the male, pat searched him, handcuffed him, and noticed ammrurition in his pockets,
They identifled the male as lvliles Roughsurface, by using prior booking pictures. Once
the Par'amedics anived at the scene, they advised the officers that Miles was dead.

20

No

v,

29, 2014

5; 45AM

Nl

"

1122

P,

While Deputies were pteparing to tactically approach the male, they requested the San
Juan County Sherriffs Department air support (helicopter). As theywere approaching the
male's residcnce, air support started to orbit (fly) over the scene of County Road 3267 and
the interseotion of County Road 3264. Forward Lookiag Infra-Red Radar (FLR)
operator Deputy James Robcrts observed an individual standing neax a fence moving his
Ieft hand and holding an item with his right hand in a downward position. As the
helicopter continuod to orbit and lost sight of the subject, they heard a radio transmission
that shots had been fired. When the helicopter orbited over the subject agaiu, Deputy
Roberts observed a male lying onthe grouud and not moving.
Also while Deputies were approaching the area where shots were being fired they were
approached by Sheri Hicks. Sheri advised Deputies that a ma.[e, identified at Mles
Roughsurface, holding a weapon had previously told her to get away ftom him bcfore he
shot her.

Aftcr the incident, Deputies contiaued to look around the area and made cootact with
Thomas Banally at house # 15 County Road1267, which is locatcd north of MIes'
residence. Thomas was sitting in a white recliner and was taken under investigative
detention by Saa Juan County Sher{ffs Deparhent Deputies.
Duringprelimiuary interviews it was discovered that Thomas and MIes were friends"
liked to walk up to the mountain to go shooting and hanged out together within the
neighborhood.
Search warratrt was telephonically approved by Eleventh Judioial Distiot Attomey Brent
Capshaw on Saturday, November 28,2A14 at approximately 5:30 a.m.

Documentation of the hcrein-dcscribed premises, vehicle(s) and/or person(s) is

important to the investigation. It is important to document the condition aad/or location
of items found at the scene and/or theit eontext within tbe scene.

Affiant is aware through training and experience that before, during and/or after
the commission crime(s) there is often transfer of svidence between suspeot(s), viotim(s),
witness(es) and/or their environment. This evidence may not be visible to the naked eye.
The evidence, if it exists, may assist in determining the ideutity of any person who may
have been present at the tirue of the iucident.

Affiant is aware through trainiag and experience thatpeople iuvolved inthe

commission of crime(s) often attempt to conceal, tamper with and/or dispose of evidence,
including but not limited to the herein-described item(s), to be seized. Th"y may afiempt
to gtve aid ot assistance to victim(s) after an act ofviolence. The materials used to render
aid may assist investigators in identifringpeople with knowledge of the crime(s).

A-ffiant is also aware that suspeot(s), viotim(s) and/or witness (es) may document
information relating to the crime(s) on paper, on computers and/or on other forms of

21

Nov,

29. ?014

5:45AM

No,

7233 P, 22

media They often mako and/orroceive telophone calls before, during and/or after the
oommission crime(s). Such inforrnation, if it exists, uray be material and televant to this
investigation. This waffant shall hclude tho viewing, Iistening to, copfng, transcribing,
transferring and/or rccording of data on the herein-described it,rr(s), to be seized.
Affant is aware through caining and experience that people who have apparent
knowledge ofthe incident often rnake telephoue calls to the scene and/or attempt to
cornmunicate with each othcr during the timc that law enforcement personnel aro
exccuting the soarph warranl These people often utilize a vadety of communications
equipment, including but not limited to pagers and/ot celtrrlar telephoaes to communicatc
before, during and after the incident. Answedng incoming telephone calls while at the
scene and speaking with these people often provides law enforoement with information
that is material and rolevant to this investigation. It is often necessaryto atrswer
comtnnuications devices iacludiag, but not limited to ccllular telephones after seizing tbe
devices, pursuant to the warant.

that item(s) which est"abliih or tend to establish possession,

prcsencc
and/or occupanoy of the herein-described premises arid/or
use, residence,
vehicle(s), to be searched, often demonstrate udro had access to the premises aadlor
vehicle(s). Such informatioo may be matcrial and relevant to this investigation.

Affant is also aware

Therefore, in order to eusure that a complete and thorough iavestigation,

investigatos may be required to examine the entirc, above-mentionedpremises"
vetricle(s) and/or person(s), including, butnot limited to, the examination of fumiture,
walls, omwl-spaoes and/or attics. It may be necessary for investigators to remove andlor
damage eatire portions of the premises and/or vehiclc(s) including but not limited to
doors, wiudows, carpets, upholstery, olothing, mechauical equipment, plumbing and/or
other items.

Therofore, Affi.arrt respeotfirlly requests that the Court issue a Wan-ad

comrnanding the sealch the above-described ptemises, vehicle(s) and./or person(s).

Subscribed and sworn to before me irr

San Juan County, New Mexieo on this

Lqn

.day

of Na"fa6- . zOt+

authorized to adrninister oaths.

Approved as to legal sttfficiency:

.+

No

v,

29,

20 I

5:46AN4

No,

7233 P. 23

Assistant Dishiot Attomey

Note

This affidavit shall be filed in the same file as the searoh warrarrt. If no eriminal
filed thc affidavit and warrant shall be filed in a miscellaneous file.

proceedings arc