Agentscottdirective

Case 3:16-cr-00051-BR

Document 1866

Filed 02/09/17

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BILLY J. WILLIAMS, OSB #901366 United States Attorney District of Oregon ETHAN D. KNIGHT, OSB #992984 GEOFFREY A. BARROW CRAIG J. GABRIEL, OSB #012571 Assistant United States Attorneys ethan.knight@usdoj.gov geoffrey.barrow@usdoj.gov craig.gabriel@usdoj.gov 1000 SW Third Ave., Suite 600 Portland, OR 97204-2902 Telephone: (503) 727-1000 Attorneys for United States of America

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

UNITED STATES OF AMERICA v.

AFFIDAVIT OF FBI SPECIAL AGENT TODD T. SCOTT IN SUPPORT OF GOVERNMENT'S SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION TO SUPPRESS

DUANE LEO EHMER, Defendant.

STATE OF WYOMING County of Laramie

3: 16-CR-00051-BR-10

) ) ss. )

1.

I, Todd T. Scott, being first duly sworn, hereby depose and state as follows:

2.

I make this affidavit in support of the government' s supplemental memorandum in

opposition to defendant Ehmer's Motion to Suppress Evidence (ECF No. 1708).

3.

I am a Special Agent with the Federal Bureau of Investigation (FBI) and have been

since 1998. I am currently assigned to the Denver Division, Cheyenne, Wyoming, Resident

Case 3:16-cr-00051-BR

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Agency, where I am responsible for conducting various types of criminal investigations to include, but not limited to, white collar crime fraud schemes, public corruption, bank robberies, kidnappings, human trafficking and sexual exploitation of children. I have received in excess of 2000 hours of training related to investigating violations of federal criminal law. Prior to becoming an FBI Special Agent, I was employed as a Saint Louis County Police Officer for eleven years.

4.

On February 6, 2017, I testified in a matter before the United States District Court,

District of Oregon, pertaining to the January 27, 2016, arrest of Duane Leo Ehmer.

In my

testimony I stated that Mr. Ehmer was arrested pursuant to a Federal Arrest Warrant being issued for his involvement on the Malhuer National Wildlife Refuge occupation.

5.

On February 8, 2017, AUSA Craig Gabriel, advised me that the arrest warrant,

which I referenced in my testimony, was actually issued on January 28, 2016, the day after Mr. Ehmer was arrested . Prior to speaking with AUSA Gabriel, I believed the arrest warrant had been issued prior to the timer arrested Mr. Ehmer. I arrested Mr. Ehmer at approximately 3:30 PM on January 27, 2016. Prior to arresting Mr. Ehmer, 1 received information from the FBI Command Post that an active Federal Arrest Warrant existed for Mr. Ehmer. I did not question the validity of the information provided nor did I review a copy of the arrest warrant, as is my normal practice. Due to the remoteness of my location I did not have the ability to review the alleged arrest warrant. I was of the belief, at the time I arrested Mr. Ehmer and until I received

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Affidavit of FBI SA Todd T. Scott in Support of Government's Supplemental Memorandum in Opposition to Motion to Suppress

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Case 3:16-cr-00051-BR

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information to the contrary from AUSA Gabriel on February 8, 2017, that an active Federal Arrest Warrant existed for Mr. Ehmer on January 27, 2016.

TODD T. SCOTT Special Agent Federal Bureau of Investigation SUBSCRIBED and SWORN to before me

q

Affidavit of FBI SA Todd T. Scott in Support of Government's Supplemental Memorandum in Opposition to Motion to Suppress

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