27-CR-CV-17-3 Filed in Fourth Judicial District Court9/5/2017 2:55 PM

Hennepin County, MN

Application Page 1 - 3

STATE OF MINNESOTA, COUNTY OF HENNEPIN DISTRICT COURT

APPLICATION FOR SEARCH WARRANT

I, Douglas Henning, a licensed peace officer in the State of Minnesota, make an application to this Court for a warrant to search the premises described below, for the property and thing(s) described below.

I know the content of this application and affirm that the statements contained in this application are true based on my own knowledge, or are believed to be true.

I believe that the following described property and thing(s), namely:

Any data maintained by the City of Minneapolis related to Police Officers Mohamed Noor or Matthew Harrity to include but not limited to Medical files, Pre-employment background investigative files and the unredacted Personnel files of both officers. This data may exclude the Training files and Internal Affiars/disciplinary records which have been previously provided to the affiant's agency.

is or are at the premises described as:

Room 130 or 100, Minneapolis City Hall, 350 South 5th Street, Minneapolis, MN 55415

located in city or township of Minneapolis, County of Hennepin, State of Minnesota.

| apply for a search warrant on the following grounds:

- The property or things above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime.

The facts establishing the grounds for issuance of a search warrant are as follows:

Your Affiant, Doug Henning, is a licensed peace officer and Special Agent (SA) employed by the Minnesota Bureau of Criminal Apprehension (MN BCA). Your Affiant has been employed by the MN BCA for 11 years. Your Affiant was employed by the Chisago County Sheriff's Office and the Lindstrom Police Department for approximately 12 years prior to working for the MN BCA. Your Affiant has had several assignments while employed with the MN BCA. These assignments have included investigating Narcotics, Financial crimes and General investigations which include death investigations; officer involved shootings, conflict investigations as well as other investigations as assigned. Your Affiant has received training related to investigations which include: Crime Scene Processing, Interview and Interrogation, Drafting of Search Warrants and other court documents, Photography, Narcotics related

27-CR-CV-17-3 Filed in Fourth Judicial District Court9/5/2017 2:55 PM

Hennepin County, MN

Application Page 2 - 3

training which has been provided by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco and Firearms (ATP) and The Federal Bureau of Investigations (FBI). Your Affiant has been investigating felony level crimes for the last 12 years. During the last 12 years your affiant as has had many cases prosecuted at both the state and federal level.

On 07/16/2017 the Minnesota Bureau of Criminal Apprehension (MN BCA) was contacted by the Minneapolis Police Department and was requested to conduct an officer involved shooting investigation. An officer involved shooting had occurred on 07/15/2017 at about 11:37 PM in an alleyjust west of Washburn Ave S and 51St St. resulting in the death of Justine Ruszczyk. Two Minneapolis Police Officers were said to be involved, and have been identified as Mohamed Noor and Matthew Harrity. The BCA responded and processed the crime scene. Agents have obtained evidence during this investigation from the officers, such as, but not limited to uniforms and their duty equipment.

Your affiant has obtained evidence voluntarily from command staff at the Minneapolis Police Department (MPD) which included: body camera videos, the patrol vehicle involved in the shooting, audio recordings from the 911 calls to MP0, audio recordings of the officers radio traffic and two Apple iPhones issued to the officers by MPD. Your affiant has requested the full personnel files from Officers Mohamed Noor and Matthew on 08/30/2017 and have been advised that the City of Minneapolis requires a search warrant or court order to release the information requested to the MN BCA. The BCA has previously obtained other records related to Officers Noor and Harrity per search warrant (Training records and Internal Affairs/Disciplinary records). Your affiant is requesting any remaining data maintained by the City of Minneapolis for these officers be released to the BCA, these files should include but are not limited to the medical files that contain pre-employment psychological exams, the unredacted personnel files, and the pre-employment background investigations.

These files contain information that your affiant believes may assist in this investigation. Your affiant believes that these records may also assist the Hennepin County Attorney’s Office in their review of this investigation and the actions of Officers Mohamed Noor and Matthew Harrity.

(End of Page)

27-CR-CV-17-3 Filed in Fourth Judicial District Court9/5/2017 2:55 PM

Hennepin County, MN

Application Page 3 - 3

I request a search warrant be issued, commanding Douglas Henning, a peace officer of the State of Minnesota, and any other authorized person, to enter and search between the hours of 7

am. and 8 pm. to search the above described premises for the described property and thing(s), and to seize and keep said property and thing(s) in custody until dealt with according to law.

I declare under penalty of perjury that everything stated in this document is true and correct.

Applicant: Douglas Henning

Minnesota Bureau of

Criminal Apprehension

Electronically Signed

08/31/2017 10:31 AM Ramsey, Minnesota

27-CR-CV-17-3 Filed in Fourth Judicial District Court9/5/2017 2:55 PM

Hennepin County, MN

Search Warrant Page 1 - 2

STATE OF MINNESOTA, COUNTY OF HENNEPIN DISTRICT COURT

SEARCH WARRANT

TO: DOUGLAS HENNING, A PEACE OFFICER OF THE STATE OF MINNESOTA.

WHEREAS, Douglas Henning has this day on oath made an application to this Court for a

warrant to search the following described premises :

Room 130 or 100, Minneapolis City Hall, 350 South 5th Street, Minneapolis, MN 55415

located in city or township of Minneapolis, State of Minnesota for the following described property and thing(s):

Any data maintained by the City of Minneapolis related to Police Officers Mohamed Noor or Matthew Harrity to include but not limited to Medical files, Pre—employment background investigative files and the unredacted Personnel files of both officers. This data may exclude the Training files and Internal Affiars/disciplinary records which have been previously provided to the affiant's agency.

WHEREAS, the application of Douglas Henning was duly presented and read by the Court, and being fully advised in the premises.

NOW, THEREFORE, the Court finds that probable cause exists for the issuance of a search warrant upon the following ground(s):

- The property or things above—described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime.

The court further finds that probable cause exists to believe that above-described property and thing(s) is or are at the above—described premises.

(End of Page)

27-CR-CV-17-3 Filed in Fourth Judicial District Court9/5/2017 2:55 PM

Hennepin County, MN

Search Warrant Page 2 - 2

NOW, THEREFORE, you Douglas Henning, peace officer of the State of Minnesota, and any other authorized person, are hereby commanded to enter and search between the hours of 7

am. and 8 p.m., to search the above-described premises, for the described property and thing(s), and to seize and keep said property and thing(s) in custody until dealt with according to law.

BY THE COURT

ISSUED ON: 31 August, 2017 Judicial Officer: Mel Dickstein

Judge of District Court

Electronically Signed

08/31/2017 10:54 AM

27-CR-CV-17-3 Filed in Fourth Judicial District Court9/5/2017 2:55 PM

Hennepin County, MN

STATE OF MINNESOTA, COUNTY OF Hennepin DISTRICT COURT

RECEIPT, INVENTORY AND RETURN I, Special Agent Douglas Henning , received the attached search warrant issued by the

Honorable Mel Dickstein , on 08/31/2017 , and have executed it as follows:

Pursuant to the warrant, on 08/31/2017 , at 02:00 o’clock pm , I searched the following

described in the search warrant.

Premises D Motor Vehicle E] Person

I have left a true and correct copy of the search warrant (with) (in) (at)

With: Minneapolis Police Department (Commander Erick Fors)

I took into custody the property and things listed below: (attach and identify addition sheets if necessary).

Personnel Data maintained by the City of Minneapolis for Police Officers Mohamed Noor and Matthew Harrity consisting of one CD and two envelopes containing copies of the requested data.

Check the appropriate: "I declare under penalty of perjury that

E] I left a receipt for the Property and thinBS “Sted everything I have stated in this document is above With

a_ COPY Of the warrant, true and correct." Minn. Stat. 358.116. [:1 None of the Items set forth In the search warrant

was found. Douglas Henning Date: 08/31/2017

[2] I shall retain or deliver custody of said (Signature)

M‘ property as directed by court order. County: £115.1— SURE—"m

COPIES TO: 0 COURT 0 PROS. ATTORNEY 0 PEACE OFFICER 0 PREMISES/MOTOR VEHICLE/PERSON