Cirimiee? Ciee? ewe Twentieih Judicial Districi #08 2nd Avenue Nerih . 7 Suite. 212:: Box 193322 Nashville, TN 37219-5322 2mm. 22 we 32: 23 SEARCH WARRANT RECEEPT This WM eekeew?edge receipt by the Crimmel Ceer?t Clerk?s Q?f?ee fer Ceuntv Search Werreet aim the ease eff State ex? Tennessee VS: M3 EM 1 {i?i415: ?j at? W?xwf? . fa?; Clerk?s Legm Neg Davidsen County Criminal Court Cierk wee. fig/Emu Deputy Clerk SEARCH WARRANT STATE OF TENNESSEE DAVIDSON COUNTY TD Ihe Sheriifl or Any Lawlul Oflicer of Sald County: Proof oy affidavit hailing been made before me by Special Agent doshua Savley, With the Tennessee Bureau ol lnvestlgatlon, that there is probable cause to believe that certain evidence of a crime, to wlt, Violations of Tennessee state law as set torth in Tennessee Code Annotated $944403 lThett of Property) and $946402 (orticial Misconduct) and will be tound in the cellular telephone owned by the Metropolitan Nashville Police Department previously used by Rob Forrest assigned to telephone number 515-- and bearing the IMEI 3.532870708188142, and that the evidence to be searched tor is as follows Any and all electronic data to include, reoordings, images, emails, SMS messages, MMS messages, instant messages, chats, lMessages, call logs, contact lists, audio recordings, video recordings, photographs, and GPS or geolocation Information YOU ARE HEREBY COMMANDED to make an immediate search of the following electronic devlce, Silver Apple thone as Plus - MadelA1687 -- IMEI 353257070815332 which will be found in the Custody of the Tennessee Bureau 0! Investigation This search warrant will include the transport of this device to electronic evrdenoe recovery specialists Within the Tennessee Bureau ol Investigation Technical Sewices Unit or other persons trained in the accessing and imaging oi the atorementioned device You are commanded to search for the aloresaid evidence and it you too the same or any part thereot, you shall seize the evidence and make a lawful return to me and sale keep such evidence until lurther orders oi court Issued /eflday of'xihm 'by, 2013, at o'clock pm lssued to: Speclal Agent Joshua Savley, Tennessee Bureau of Investigation dayuf Signed, (B Criminal Court Judge for Davidson nty, Tennessee AFFIDAVIT STATE OF TENNESSEE DAVIDSON COUNTY Personally appeared betore me, (fie: fl Court Judge tor Davidson County. Tennessee, Special Agent Joshua Savley, with the Tennessee Bureau of lnvestlgallon, who has made oath and has probable cause to believe that certain evidence of a crime, to wit violations of Tennessee state law as set torth in Tennessee Code Annotated ?39a14-103(Thefl or Property) and ?3 46-402 (Official Misconduct] and be round in the cellular telephone owned by the Metropolitan Nashville Police Department previously used by Rob Forrest assigned to telephone number 615- and bearing the IMEI 353287070818832, and that the evidence to be searched for is as lollows: Any and all electronic data to include, recordings, images, emails, SMS messages. MMS messages. instant messages, chats, iMessages, call logs, contact lists, audio recordings, video recordings, photographs, and GPS or geolocatioh Informalan Statement or Facts and Circumstances In Support or Probable Cause This affidavit ls made by Special Agent Joshua Sal/lay, the Tennessee Bureau of lrlvestlgatlon. This aflidavlt Is based upon your Afliant has received from other law enlorcement officers, information your Amant has recelved from and through investlgatlon that your Afllant has personally conducted Probable cause is as follows 1. On February 1, 2013 District Attorney General Glenn R. Funk requested that the Tennessee Bureau oi investigation conduct an investigation into whether the affair between Nashville Mayor Megan Barry and Metropolitan Nashville Police Depanment (MNPD) Sergeant Rob Forrest led to any misappropriation or tunds or olhcial misconduct by either. On this same date your athant was assigned as the lead investigator in this case 2. On January 31. 2018 Megan Barry held a press conterence where she admitted to having an attair Rob Forrest ot the MNPD Until that day. he had been the head or her security detail Rob Forrest submitted his resignation to MNPD on January 17, 2013 and it was etlectrve January 31, 2013 3 On February 1, 2018 your attiant spoke with MNPD Deputy Chiel Todd Henry concerning the iPhone and iPad ot Rob Forrest. lt explained that the would like these devices so that the could search them. Henry stated that this was not a problem and arranged contact with Lieutenant Doug Bell who had physical custody or the devices 4. On February 2. 2015 your ariiant met with MNPD Lieutenant Doug Bell to take possession of the iPhone and iPad that had previously been assigned to Rob Forrest Your atlrant submitted both the iPhone and iPad to the TBI Technical Services Unit for analysis These devices were examined and extraction reports were completed on February 5, 2015. As part oi this extraction, it was determined that a unique number assigned to this iPhone known as an IMEI is 353287070818832. it was also determrned that this particular phone is an Apple iPhone esPtus a Model A1687 Certain items oi evidence were recovered including some items that had been deleted horn the phone. There rs also evidence showing that items were deleted but not recovered in this extraction or note in this extraction are 260 deleted iMessages between the number listed as Megan Barry's phone, 615-- and Rob Forrest's phone During the extraction, many of these messages were recovered as a log form only and no content was recovered Much oi the lnformatiorl shows that a message was sent or received but the content oi that message was not recovered 5. On February 7. 2013 your attiant met with Executive Administrator tor Fiscal Affairs of MNPD, Samlr Mehic, In this meeting Mr, Mehic explained that while Rob Forrest served as the head oi the Mayor's security going back two previous administrations, he did not have any travel claims lor his trme with either Mayor Karl Dean or Mayor Purcell a. On February 6, 2013 your ariiant received documents produced by Megan Barry's offlce trom her attorney, Jerry Martin. Additional documents were received on February a and February 12, 2015, Megan Barry's calendar from January 1. 2017 to January 26, 2015 was provided as a part or these documents A list or all trips that Megan Early took during this timelrame was also provided, or note are two trips retlected in both her calendar and travel schedule They are a trip to Washington Dc May 1517, 2017 and a second trip to Washington DC October 18-19, 2017. Both trips list Megan Barry and Rob Forrest as the only parties travelling on these trips 7. On February 7, 2018 your alliant received payroll records tor Rob Forrest irom Christy Sawyers or MNPD Mrs. Sawyers is the Assistant Director tor Human Resources for MNPD In these records are timecards tor Rob Forrest dating back to July to. 2006 These time cards show that Rob Forrest reported working a regular shirt irom 07 00 to 15 30 and ovenime from 15 30 to 21 30 on May 15, 2017. They also show that Rob Forrest reported working a regular sl'llfl lrom 0700 to 15 an and overtime trom 15.30 to 2300 on October 18, 2017. 10February 13, 2017 your affiant met with Don Aaron of MNPD to receive previously requested records. Some of these records were Rob Forrest's emails from his work email address. That email address is rob.forrest@nashviileqov. In a review of these records there are two emails to specifically note. These two emails were sent from his MNPD email address to his MNPD email address. One of the emails mentioned in the previous paragraph was sent on May 15, 2017. This email does not have a subject. This email has a single .jpg attachment. This image is of a nude female lying on a bed with a black purse beside her. in the properties of this image it is noted that the photograph was taken on May 15, 2017 at 16:29:20. This photo was taken with an iPhone 65 Plus. The name of this image file is The second email mentioned in the previous paragraph was sent on October 18, 2017. This email does not have a subject. This email has a single .jpg attachment. This image is of a woman's vagina exposed through black pantyhose with what appears to be a black dress or skirt pulled up above the waist of the woman. In the properties of this image it is noted that the photograph was taken on October 18, 2017 at 15:39:54.. This photo was taken with an iPhone 65 Plus. The name of this image file is On February 15, 2018 your affiant reviewed the iPhone extraction of the aforementioned phone. Your affiant discovered that the closest numbered photograph in sequence to is a photograph of lVlegan Barry conducting a radio interview. The name of that file is Beside her in this photo is what your affiant believes to be the same black purse seen in In the properties of image it is noted that the photograph was taken on May 16, 2017 at 08:22:11. This photo was taken with an iPhone 65 Plus. Of note is that this photo was taken the morning after the photo of the woman on the bed with the purse beside her. In your affiant?s experience, cameras typically name photos in a numerical sequential order which would indicate that was the second photo taken after No was found on the phone. On February 15, 2018 in the review of the extraction of the aforementioned phone your affiant also discovered that the closest numbered photograph to is a photograph of Megan Barry in what appears to be a television studio set. The name of that file is She is wearing a black outfit in this photo. In the properties of image it is noted that the photograph was taken on October 18, 2017 at 11:13:51. This photo was taken with an iPhone 65 Plus. Of note is that this photo was taken a little over 4 hours before the photo of the woman's vagina was taken. There were no images numbered through found on the phone. In further review of the extraction of Forrest's phone, your affiant noted many deleted items recovered in the extraction either in part or in whole. There were 35 deleted call logs between Rob Forrest and Megan Barry. There were 260 deleted chats between Rob Forrest and Megan Barry. There were 2 deleted SMS messages between Rob Forrest and Megan Barry. In a review of records provided by the Mayor's office, Megan Barry's travel schedule shows that she did not travel with security personnel for the 4 business trips taken during the first 6 months of her administration. Starting in April 2016, Megan Barry began travelling with security on most out of town business trips. From April 3, 2016 to January 17, 2018 Megan Barry took 45 out of town trips. 10 of these trips were personai trips where she did not have security personnel. Of the 35 business trips during this timetrame, she had security personnel with her for 30 of these trips. Rob Forrest was present on 26 of these trips. Ten of these trips show that Megan Barry and Rob Forrest are the only travelers on the trip. Your affiant would note that there is a marked increase in trips with security around the same time that the affair began in the Spring of 2016. On February 5, 2018 your affiant reviewed a Summary of Earnings for fiscal years 2013 to 2017 for Rob Forrest and Detective Mike Dixon, both of which were on the Mayor's security detaii throughout this timeframe. In the three fiscal years prior to Megan Barry's administration, Rob Forrest reported an average of 650 hours of overtime and Det. Dixon reported an average of 406 hours of overtime. In the two years after Megan Barry took office, Rob Forrest has reported an average of 1189 hours of overtime while Det. Dixon has reported an average of 606 hours of overtime. Rob Forrest's overtime has increased by 83% while Det. Dixon's overtime has only increased by 49%. Based on your affiant's knowledge, training, and experience, i know that many people use their cell phones to communicate with others in a variety of ways to inciude but not limited to email, text, instant messaging, phone calls, and various messaging applications. Many people also document certain events with photographs, video recording or audio recording. Your affiant also knows that many people use location services on their phones and that many phones store this information in the properties of various data files. Your affiant believes that a more thorough search of Rob Forrest's phone could recover more deleted material from the phone which could prove to be crucial evidence in this case. The device will be sent to a third party contractor to provide advanced technical services. These technical services may include passcode bypass, passcode unlocking, and advanced extractions of the device data. The third party contractor does not provide any type of analysis or examination of the data. The unlocked device and all extracted data will be returned to the Tennessee Bureau of Investigation for technical analysis and examination by the Technical Services Unit. Experience and Basis of Knowledge of Affiant Your affiant is a 2001 Graduate of the University of Tennessee at Knoxville and a 2011 Graduate of the Tennessee Law Enforcement Training Academy. Your affiant has been employed as a Special Agent with the Tennessee Bureau of Investigation MID-CID since January 2011. Your affiant has completed the following training courses: Criminal Investigations, Financial Investigations, interview and Interrogation, Statement Analysis, Death and Homicide Investigations, Child Sex Abuse, Stoien Vehicle Identification, Shooting Scene Reconstruction, Bloodstain Pattern Analysis, Latent Fingerprints, Bomb and Arson investigations, and Crime Scene Management. Your affiant has written and been involved in the successful execution of search warrants in different counties within this state. Your affiant has aiso investigated different types of cases to include: property crimes, violent crimes, pubiic corruption, sex crimes, and white-collar crimes. i have acted on and received the information set forth in this affidavit in my capacity as a Special Agent for the Tennessee Bureau of Investigation. CONCLUSIQN Your affiant believes that probable cause exists to show that Rob Forrest used a department issued iPhone 65 Pius while on duty. It will also show that on May 15, 2017 and on October 18, 2017 he used this phone to photograph a nude or partiaiiy nude female. It will also show that Rob Forrest's timecards report that he was working while these photographs were taken. Your affiant believes probable cause exists to show that Rob Forrest was indeed not working at the time and were taken but was rather participating in the affair with Megan Barry at these times. Based upon the probable cause set forth in this affidavit, your Affiant prays for a search warrant to be issued for the recovery of evidence mentioned in this search warrant and supporting affidavit. Witness my hand this /g wdayof in? ?they 2.018. ?gimff/wi {x Li: 13 Affiant Sworn to and subscribed before me this (ah?Eh: day of?ng/LN 2018. Sew Criminal Court Judge for Davidson C?nty, Tennessee Signed: i R8 This within warrant came to hand and was executed on the the following described property: its ?5 ?:ch ,2018, by taking ?medic 3333 S7 omE 18 S52. ,3 ??sz . . Special 53Agent Joshua P. Savley, Tennes?ee ?ur?au of Investigation STATE GE TENNESSEE DAVIDSON COUNTY Due and proper return having been made of the within warrant, the property seized as described in the said return shall be retained, subject to the order of the Criminal Court Clerk of Davidson County, and the within warrant, affidavit, and return shalt be fiied in the office of the Cterk of said court. This the 122$ day of ??ves/v ,2018. Criminal Court Judge for Davidsowounty, Tennessee Signed: Crimiee? Clem?: were: Twe?tieizh Judicial Districi 408 2nd Avenue Nerth Suite 2120 fee. 80): 136322 1 Nashville, TN meme-em a This ecknew?eege receipt by the Crimme? Ceurt Cierk?e @?f?ee fee Devidsen Search Werreet in the ease State VS1?1?1111111 WW 1 1 ewe} W: if A .e {in-{jib} $315313: 15?, 1?:??971 Cierk?s Login Ne. 1 This day of fwe/wvmw Emailing- Davidson Ceunty Criminal Ceurt C?erk Deputy Cierk SEARCH WARRANT STATE OF TENNESSEE DAVIDSON COUNTY To the Sheriff, or Any Lawful Officer of Said County' Prue! by afltdavil having been made belore me by Speclai Ageni Joshua Savley. wlih the Tennessee Bureau of Investigation, that il'leie is probable cause to belleve that certain evidence of a cnme. Io violations of Tennessee slate iaw as set lonh in Tennessee Code Annotated ?39-14-103 (Theft of Pmperty) and ?39--16-402 (Official Misconduct) and will be iound In the Ceiluiar Ielepnone owned by Megan Bairy assigned to telephone numbei and that the evidence to be searched for is as follows' Any and all electronic data to include, recordings. images. emails. SMS messages, MMS messages. instant messages. chats. iMessages. call logs. contact lists. audio recordings. video recordings. photographs, and GPS or geoiocation YOU ARE HEREBY COMMANDED to seize the phone assigned to telephone number 6l5_wherever it may be tound in Davidson County. Tennessee and make an immediate search oi the electronic device This Search warrant lriciude the Wanspon of (ills device it) eiectronic evidence recovery Specialists Within the Tennessee Bureau of investigation Technical Services Unit or other persons trained in the accessing and imaging oi the alolementicned device. You are commanded to Search fat the aforesaid evidence and if you find the same or any part thereof. you shall seize the evidence and make a lawful return to me and safe keep such evidence unili iunner orders of this court You ARE FURTHER HEREBY COMMANDED that an Agentts) irom the Tennessee Buleau of investigation (TEN). separate and apart irom the Agentts) assigned to investigate this matter (hereinaiter reterred to as the "screening agents"). shall assist your aitiant in the actual search of material extracted irom the device listed in this search warrant The screening Agentts) shall act as a litter tor the disclosure oi intormatioh to the Agentts) assigned to this investigation. This screening process shall be supervised and/or solely conducted. to be determined by the amount of material to be viewed, oy a licensed attorney in Tennessee and employed by mi, The TEI Attorney will screen all material. tiles. and records extracted irorn the device to maintain the confidentiality cl records not deemed evidentiary Other than a cursory review of extracted information after search warrant execution tor the purposes ct determining whether the particular item ialis within the ambit of this search warrant, the afliant and any other Agentts) conducting this investigation will not conduct a detailed examination of the items extracted under this warrant until it has been reviewed for relevancy by the screening Agenl(s) More precisely. aiter execution oi the search warrant and the material has been extracted from the target device. the actual search is to begin by the screening Agenl(s) and only that data, or items. pertinent to the investigation shalt be provided to your athant or other Agentts) assigned to this investigation The screening Agenl(s) shalt not provide to your aitiant. or any other Agent assigned to the investigation. any item, document. or iniormatton not relevant or pertinent to the allegations conmined in this search warrant. Your athent is to meet with the screening mentts) upon issuance of this warrant and explain the scope. depth, and allegations of this investigation. Further. the screening Agen\(s) shall be provided a copy oi this aitidavit and search warrant in order to perform the task requested of them by this search warrant, 5Q issuedthis dayoi 2013,at il\ o'clock'em issued to. Speclal Agent Joshua Savley, Tennessee Bureau oi investigation Witness my hand, this day )1 20m Court Judge fol Davidson My. Tennessee AFFIDAVIT STATE OF TENNESSEE DAVIDSON COUNTY Personally appeared betore mei??i?i 43 2502961" Criminal Court Judge tor Davidson County. Tennessee. Special Agent Joshua Savley, with the Tennessee Bureau oi investigation, who has made oath and has probable cause to believe that certain evidence oi a crime, to wit violations of Tennessee state law as set 1onh in Tennessee Code Annotated ?30.14.103 (Theit ol Property) and gag--15.402 Misconduct) and Will be found in the cellular telephone owned by Megan Barry assigned to telephone number 615--. and that the evidence to be searched tor is as lollows: Any and all electronic data to include recordings, images, emails. SMS messages MMs messages, instant messages chats, iMessages, call logs, contact lists, audio recordings, video recordings, photographs, and GPS or geolocation inlormation. Statement of Facts and Support of Probable Cause This atiidavit is made by Special Agent Joshua Savley, with the Tennessee Bureau ol investigation, This aitidavit is based upon iniormation yourAlliant has received lrom other law enioroement iniorrnation your Aihant has received trom citizens, and through investigation that your Atiiant has personally conducted Probable cause is as tollows 1 On February 1, 2010 District Attorney General Glenn R, Funk requested that the Tennessee Bureau at Investigation conduct an investigation into whether the atiair between Nashville Mayor Megan Barry and Metropolitan Nashville Police Department (MNPD) Sergeant Rob Forrest led to any misappropriation oi tunds or otiicial misconduct by either On this same date your was assigned as the lead investigator in this case 2. On January 31. 2013 Megan barry held a press conterence where she admitted to haying an attair With Sgt. Rob Forrest oi the MNPD. Until that day, he had been the head at her security detail, Sgt. Forrest submitted his resignation to MNPD on January 17. 2010 and it was eitective January at, 2013 Megan Barry stated that the atiair began in the Spring mom 3 On February 1, 2018 your atiiant spoke with MNPD Deputy Chief Todd Henry concerning the iPhone and iPad oi Rob Forrest lt explained that the would like these devices so that the TBI could search them Henry stated that this was not a problem and arranged contact with Lieutenant Doug Bell who had physical custody oi the devices. 4. On February 2. 2015 your athant met with MNPD Lieutenant Doug Bell to take possession ol the iPhone and iPad that had previously been assigned to Sgt. Forrest. Your athant submitted both the iPhone and iPad to the Technical Services Unit ior analysis These devices were examined and extraction reports were completed on February 5, 2018. As part at this extraction it was determined that this particular phone is an Apple iPhone asPlus. Certain items oi evidence were recovered including some items that had been deleted irom the phone There is also evidence showing that items were deleted but not recovered in this extraction, at note in this extraction are 260 deleted iMessages between the number listed as Megan Bally's phone, 515-" and Sgt, Forrest's phone During the extraction, many oi these messages were recovered as a log torm only and no content was recovered Much oi the intormation simply shows that a message has sent or received but the content ol that message was not recovered 5. On February 7' 2018 your aitiant met with Executive Administrator tor Fiscal Aliairs oi MNPD, Samir Mehic. In this meeting Mr, Mehic explained that while Forrest served as the head ol the Mayor's security going back two previous administrations, he did not have any travel claims tor his time With either Mayor Karl Dean or Mayor Bill Purcell On February 6, 2018 your atiiant received documents produced by Megan Barry's otiice irorn her attorney, Jerry Martin Additional documents were received on February 0 and February 12. 2010. Megan Barry's calendar trom January 1. 2017 to January 26, 2018 was provided as a part ot these documents, A list ot all trips that Megan Barry took during this timetrarne was also provided, at note are two trips reflected in both her calendar and travel schedule. They are a trip to Washington DC May 1517. 2017 and a second trip to Washington Dc October 13-19, 2017 Both trips list Megan Barry and Rob Forrest as the only parties travelling on these trips 7. On February 7. 2013 your atiiant received payroll records tor Forrest irom Christy Sawyers ot MNPD, Sawyers is the Assistant Director tor Human Resources tor MNPD In these records are timecards tor Forrest dating back to July 10' 2006 These tirne cards show that Sgt, Forrest reported working a regular shiit irom 07.00 to 1530 and overtime lrom 15-30 to 21:30 on May 15, 2017 They also show that Sgt. Forrest reported working a regular irorn 07.00 to 15.30 and overtime irorn 15:30 to 23:00 on October 10, 2017 a. On February 13, 2017 your atiiant met with Don Aaron of MNPD to receive previously requested records Same 10these records were Sgt. Forrest's emails from his work email address. That email address is rob.forrest@nashvilie.gov. In a review of these records there are two emails to specifically note. These two emails were sent from his MNPD email address to his MNPD email address. One of the emails mentioned in the previous paragraph was sent on May 15, 2017. This email does not have a subject. This email has a single .jpg attachment. This image is of a nude female lying on a bed with a black purse beside her. In the properties of this image it is noted that the photograph was taken on May 15, 2017 at 16:29:20. This photo was taken with an iPhone 63 Pius. The name of this image file is The second email mentioned in the previous paragraph was sent on October 18, 2017. This email does not have a subject. This email has a single .jpg attachment. This image is of a woman's vagina exposed through black pantyhose with what appears to be a biack dress or skirt pulled up above the waist of the woman. In the properties of this image it is noted that the photograph was taken on October 18, 2017 at 15:39:54. This photo was taken with an iPhone Gs Plus. The name of this image file is On February 15, 2018 your affiant reviewed the iPhone extraction of Sgt. Forrest's phone. Your affiant discovered that the closest numbered photograph in sequence to is a photograph of Megan Barry conducting a radio interview. The name of that file is Beside her in this photo is what your affiant believes to be the same black purse seen in in the properties of image 185 it is noted that the photograph was taken on May 16, 2017 at 08:22:11. This photo was taken with an iPhone 68 Plus. Of note is that this photo was taken the morning after the photo of the woman on the bed with the purse beside her. In your affiant's experience cameras typically name photos in a numerical sequential order which would indicate that 1185 was the second photo taken after 1183. No ilViG 1184 was found on the phone. On February 15,2018 in the review of the extraction of Sgt. Forrest's phone your affiant also discovered that the closest numbered photograph to is a photograph of iVlegan Barry in what appears to be a teievision studio set. The name of that file is She is wearing a black outfit in this photo. In the properties of image it is noted that the photograph was taken on October 18, 2017 at 11:13:51. This photo was taken with an iPhone 6s Plus. Of note is that this photo was taken a little over 4 hours before the photo of the woman's vagina was taken. There were no images numbered through found on the phone. In further review of the extraction of Forrest's phone, your affiant noted many deleted items recovered in the extraction either in part or in whole. There were 35 deleted call logs between Sgt. Forrest and Megan Barry. There were 260 deleted chats between Sgt. Forrest and Megan Barry. There were 2 deleted SMS messages between Sgt. Forrest and Megan Barry. In a review of records provided by the Mayor's office, Megan Barry's travel schedule shows that she did not travel with security personnel for the 4 business trips taken during the first 6 months of her administration. Starting in April 2016, Megan Barry began travelling with security on most out of town business trips. From April 3, 2016 to January 17, 2018 Megan Barry took 45 out of town trips. 10 of these trips were personal trips where she did not have security personnel. Of the 35 business trips during this timeframe, she had security personnel with her for 30 of these trips. Sgt. Forrest was present on 26 of these trips. Ten of these trips show that Megan Barry and Sgt. Forrest are the only travelers on the trip. Your affiant would note that there is a marked increase in trips with security around the same time that the affair began in the Spring of 2016. On February 5, 2018 your affiant reviewed a Summary of Earnings for fiscal years 2013 to 2017 for Sgt. Forrest and Detective Mike Dixon, both of which were on the Mayor's security detail throughout this timeframe. In the three fiscal years prior to Megan Barry's administration, Sgt. Forrest reported an average of 650 hours of overtime and Det. Dixon reported an average of 406 hours of overtime. In the two years after Megan Barry took office, Sgt. Forrest has reported an average of 1189 hours of overtime while Det. Dixon has reported an average of 606 hours of overtime. Sgt. Forrest's overtime has increased by 83% while Det. Dixon?s overtime has only increased by 49%. Based on your affiant's knowledge, training, and experience, I know that many people use their cell phones to communicate with others in a variety of ways to include but not limited to email, text, instant messaging, phone calls, and various messaging applications. Many people also document certain events with photographs, video recording or audio recording. Your affiant also knows that many people use location services on their phones and that many phones store this information in the properties of various data files. Your affiant knows that this information is often stored on cell phone devices even if the user has attempted to delete the information and can be recovered in a forensic data extraction of the device. Your affiant believes that a search of Megan Barry's phone could reveal information that is crucial evidence in this case. In particular, data and information that has been deleted from Sgt. Forrest's phone may still exist on Megan Barry's phone. Experience and Basis of Knowledge of Affiant Your affiant is a 2001 Graduate of the University of Tennessee at Knoxville and a 2011 Graduate of the Tennessee Law Enforcement Training Academy. Your affiant has been employed as a Special Agent with the Tennessee Bureau of Investigation MID-CID since January 2011. Your affiant has completed the following training courses: Criminal Investigations, Financial investigations, Interview and Interrogation, Statement Analysis, Death and Homicide investigations, Child Sex Abuse, Stoien Vehicle identification, Shooting Scene Reconstruction, Bioodstain Pattern Anaiysis, Latent Fingerprints, Bomb and Arson investigations, and Crime Scene Management. Your affiant has written and been involved in the successqu execution of search warrants in different counties within this state. Your affiant has also investigated different types of cases to inciude: property crimes, violent crimes, public corruption, sex crimes, and white?coilar crimes. have acted on and received the information set forth in this affidavit in my capacity as a Speciai Agent for the Tennessee Bureau of investigation. Your affiant believes that probable cause exists to show that Sgt. Rob Forrest used a department issued iPhone 68 Plus while on duty. It will also show that on May 15, 2017 and on October 18, 2017 he used this phone to photograph a nude or partially nude female. It will also show that Sgt. Forrest's timecards report that he was working while these photographs were taken. Your affiant beiieves probable cause exists to show that Sgt. Forrest was indeed not working at the time and were taken but was rather participating in the affair with Megan Barry at these times. Your affiant further believes that the deleted chats and messages between Sgt. Forrest and Megan Barry, if recovered, could provide further evidence of their activities while Sgt. Forrest reported to be on duty. Based upon the probable cause set forth in this affidavit, your Affiant prays for a search warrant to be issued for the recovery of evidence mentioned in this search warrant and supporting affidavit. Special Brecautions Employed in Executing This Search Warrant Your Affiant recognizes that a search warrant involving the search of an elected officials property mandates special precautions to ensure confidentiality protections are afforded to the business of government, its officials, and citizens; this confidentiality includes but is not limited to: iegal conversations, contracts for bid, contingency plans, urban planning, employment, public safety, and any number of sensitive and confidentiai matters associated with the daily and long term operations of government. Further, it is recognized there is a duty to protect, from disclosure, information protected by legal privileges, and to ensure government operations are not disrupted by the investigative activities of law enforcement. As a resuit, an Agent(s) from the Tennessee Bureau of investigation separate and apart from the Agent(s) assigned to investigate this matter (hereinafter referred to as the "screening agents?), shail assist your affiant in the actual search of materiai extracted from the device listed in this search warrant. The Agent(s) shall act as a filter for the disclosure of information to the Agent(s) assigned to this investigation. The screening process shall be supervised and/or 501er conducted, to be determined by the amount of material to be viewed, by a licensed attorney in Tennessee and employed by The Attorney will screen all materiai, fiies, and records extracted to maintain the confidentiality of such records not deemed evidentiary. Other than a cursory review of extracted information after search warrant execution, for the purposes of determining whether the particular item falls within the ambit of this search warrant, your affiant and any other Agent(s) conducting this investigation will not conduct a detailed examination of the items extracted under this warrant until it is has been reviewed for relevancy by the screening Agent(s). More precisely, after execution of the search warrant and the material has been extracted from the target device, the actual search wiil begin by the screening Agent(s) and only that data, or items, pertinent to the investigation shall be provided to your affiant or other Agent(s) assigned to this investigation. The screening Agent(s) shall not provide to your affiant, or any other Agent assigned to the investigation, any item, document, or information not relevant or pertinent to the allegations contained in this search warrant. Your affiant will meet with the screening Agent(s) upon issuance of this warrant to explain the scope, depth, and aliegations of this investigation. Further, the screening Agent(s) shall be provided a copy of this affidavit and search warrant in order to perform the task requested of them by this search warrant. Witness my hand this E) day of 4' m" 2018. LL, Kc, Aft" ant Sworn to and subscribed before me this day of I PM ?sh 2018. ,4 been Criminal Court Judge for Davidson Cou?t}, Tennessee Spned: This wllhin warranl came to hand and was executed on The 6&1 day cl WW ,2018' by taklng the foilowing described propeny- see we ghee} Emmi Signed: i Special Agent Joshua P. Saviey' Tennessee Bureau of Inveshgatron JUDGMENT 0N WARRANT STATE OF TENNESSEE DAVIDSON COUNTY Due and proper return having been made of (he with"! warrant the propeny seized as described in me sald return shall be relarnedr subjeci to the order of the Criminal Calm Clerk 0' Davldson County. and the within warrant, alfidavil, and relum shall be flied in the office of the Clerk of said mun Thisthe zlfig dayof Nov Srgned Crlminai Couri Judge Vor Davidson unty, Tennessee Stimt mat Cautt Statt?: Twantiath Judiciak District 408 2nd Avenue Marita Suite 2120 Box 195322 Mag-hvi! ia TN 37219?8322 SEARCH WARRANT RECEEPT Thig wiEE ackmwiedga tece?pt by the Criminal ert C?erk?s @t?ce tar DSVECESQW Gt a Search Wattamt En the case at State at Tennessee vs: it Eff} TN ., T. f. EVE fig?fgg? E5 ?Kg/am} ff"; if 6? I 2 - t3[gt Ham: a ?t if; Clerks Lagtn N0. "2,35? 23? sat?in? Davidson Caunw Crtminai Ceurt Clerk Wuu?? fig/E (LL Deputy C?erk SEARCH WARRANT STATE OF TENNESSEE DAVIDSON COUNTY To (he Sherlfl. or Any Lawlul Officer of Said County Proof by athdavit having been made before me by Special Agent .loshua Savley, with the Tennessee Bureau of investigation, that there is probable cause to believe that certain evidence of a crime, to wit' violations ot Tennessee state law as set forth in Tennessee Code Annotated ?39-14-i03 (Thett of Property) and (Ofiiclal Misconduct) and will be tound in the cellular telephone owned by Megan Barry assigned to telephone number and bearing the identifying IMEI 3.566940513652156, and that the evidence to be searched tor is as follows. Any and all electronic data to include, recordings, images, emails, SMS messages, MMs messages, instant messages. chats. iMessages, call logs, contact lists, audio recordings, video recordings, photographs, and GPS or geolocatton information YOU ARE HEREBY COMMANDED to make an immedlale Search ol the followlng electronlc device' Black Apple lFl'lone 7 Plus a Model A1661 -- IMEI 356694081355256 which be found In the custody loe Tennessee Bureau of Investigation, This search warrant will include the transport ct this device to electronic evidence recovery specialists within the Tennessee Bureau at investigation Technical Services Unit or other persons trained in the accessing and imaging of the atorernentioned device. You are commanded to search tor the aforesaid evidence and if you find the same or any part thereof, you shall seize the evidence and make a lawful return to me and safe keep such evidence until further orders at this court. you ARE FURTHER HEREBY COMMANDED that an Agenl(s) trom the Tennessee Bureau of Investigation (TEI), separate and apart from the Agentts) assigned to investigate this matter (hereinafter referred to as the "screenlng agenls"), shall assist your aftiant in the actual search of material extracted from the device listed in this search warrant The screening Agentls) shall act as a filter for the disclosure ot information to the Agenl(s) assigned to this investigation This screening process shall be supervised and/or solely conducted, to be determined by the amount of material to be viewed, by a licensed attorney in Tennessee and employed by The Attorney will screen all material, files, and records extracted from the device to maintain the contidentiality ct records not deemed evidentiary other than a cursory review of extracted iniormaticn after search warrant execution, for the purposes ot determining whether the particular item falls within the ambit of this search warrant, the amant and any other Agentts) conducting this investigation will not conduct a detailed examination oi the items extracted under this warrant until it has Been reviewed tor relevancy by the screening Agentls). More precisely, afler execution at the search warrant and the material has been extracted from the target device, the actual search is to begin by the screening Agem(s) and only that data, or items. pertinent to the investigation shalt be provided to your atfiant or other Agenl(s) assigned to this investigation. The screening Agentts) shall not provrde to your affiant, or any other Agent assigned to the investigation, any item, document, or intormatiori not relevant or pertinent to the allegations contained in this search warrant, Your affiant is to meet with the screening Agentls) upon issuance of this warrant and explain the scope, depth, and allegations at this investigation Further, the screening AgenKs) shalt be provided a copy of this affidavit and search warrant in order to pertorm the tastr requested of them by this search warrant, is lssuedtms Ito 5" issued to' Special Agent Joshua Savley, Tennessee Bureau of Investigation Lg daycf dams. 2013 Signed' l2 Criminal Court Judge for Davlds County, Tennessee AFFIDAVIT STATE OF TENNESSEE DAVIDSON COUNTY Personally appeared before fl kacnminal Court Judge for Davidson County, Tennessee, Special Agent Joshua P. Savley, with the Tennessee Bureau of investigation, who has made oath and has probable cause to believe that certain evidence of a crime, to wit violations of Tennessee state law as set forth in Tennessee Code Annotated $944403 (Theft of Property) and ?39--1e.402 lotficial Misconduct) and will be found in the cellular telephone owned by Megan Barry assigned to telephone number 615-_, and bearing the identifying iMEl 355694031365256, and that the evidence to be searched for is as follows Any and all electronic data to include recordings, images, emails. SMS messages, MMS messages, instant messages chats, iMessages, call logs, contact lists, audio recordings, video recordings, photographs, and GPS or geolocation information Statement of Facts and Circumstances In Support 0' Probable Cause This affidavit is made by Special Agent Joshua Savley, With the Tennessee Bureau of Investlgalion This affidavlt is based upon information your Affiant has recelved lrom other law enforcement officers, Informallon your Afftant has recelved from and through inVeSllgatlon that your Alfiant has personally conducted. Probable Cause is as follows 1 On February 1, 2013 District Attomey General Glenn Funk requested that the Tennessee Bureau of investigation conduct an investigation into whether the affair between Nashville Mayor Megan Barry and Metropolitan Nashville Police Department (MNPD) Sergeant Rob Forrest led to any misappropriation of funds or official misconduct by either. On this same date your afiiant was assigned as the lead investigator in this case 2 on January 31, 2015 Megan Barry held a press conference where she admitted to having an attair with Rob Forrest ot the MNPD Until that day, he had been the head of her security detail. Rob Forrest submitted his resignation to MNPD on January 17, 2018 and tt was etfective January at, 2015 Megan Barry stated that the affair began in the Spring of 2016 3. On February 1, 2018 your affiant spoke with MNPD Deputy Chlef Todd Henry concerning the iPhone and iPad oi Rob Forrest, it explained that the TBI would like these devroes so that the TBI could search them. Henry stated that this was not a problem and arranged contact with Lieutenant Doug Bell who had physical custody of the devices 4, On February 2, 2015 your aftiant met with MNPD Lieutenant Doug Bell to take possession of the iPhone and iPad that had previously been assigned to Rob Forrest, Your affiant submitted both the iPhone and rPad to the Technical Services Unit for analysis These devices were examined and extraction reports were completed on February 5, 2013 As part of this extraction, it was determined that this particular phone is an Apple iPhone GsFlus Certain items of evidence were recovered including some items that had been deleted from the phone There is also evidence showing that items were deleted but not recovered in this extraction or note in this extraction are 260 deleted iMessages between the number listed as Megan Barry's phone, 615-, and Rob Forrest's phone. During the extraction, many ot these messages were recovered as a log form only and no content was recovered Much of the information simply shows that a message was sent or received but the content of that message was not recovered, 5 On February 7, 2018 your afhant met with Executive Administrator ior Fiscal Aftairs of MNPD, Samir Mehic, in this meeting Mr Mehic explained that while Rob Forrest served as the head of the Mayor's security going back two previous administrations, he did not have any travel claims tor his time with either Mayor Karl Dean or Mayor Bill Purcell - 6. On February 6, 2015 your afhant received documents produced by Megan Barry's office from her attorney, Jerry Martin Additional documents were received on February a and February 12. 2018 Megan BaITy's calendar irorn January 1, 2017 to January 26, 2018 was provided as a part of these documents, A list of all trips that Megan Barry took during this timeframe was also provided of note are two trips reiteoted in both her calendar and tmvel schedule. They are a trip to Washington DC May 15-17, 2017 and a second trip to Washington DC October 1849, 2017. Both trips list Megan Barry and Rob Forrest as the only parties travelling on these trips. 7, On February 7, 2018 your aftiant received payroll records for Rob Forrest from Christy Sawyers of MNPD Sawyers is the Assistant Director for Human Resources for MNPD in these records are timecards for Rob Forrest dating back to July 10, 2005, These time cards show that Rob Forrest reported working a regular shift from 07100 to 15.30 and overtime from 1530 to 21:30 on May 15, 2017. They also show that Rob Forrest reported working a regular shift from 07 00101530 and overtime horn 15 3a to 23 on on October 18, 2017 a On February 13, 2017 your affiant met With Don Aaron of MNPD to receive previously requested records Some 10these records were Rob Forrest's emails from his work email address That email address is rob gov, In a review 0! these records there are two emails to specifically note These two emails were sent from his MNPD email address to his MNPD email address. One of the emails mentioned in the previous paragraph was sent on May 15, 2017 This email does not have a subject This email has a single attachment This image is of a nude lemale lying on a bed with a black purse beside her in the properties or this image it is noted that the photograph was taken on May 15, 2017 at 16.29220, This photo was taken with an IPhone Gs Plus. The name 07 this image tile is IRS. The second email mentioned in the previous paragraph was sent on October 18, 2017. This email does not have a subject This email has a single attachment. This image is or a woman's vagina exposed through black pantyhose with what appears to be a black dress or skirt pulled up above the waist oi the woman In the properties of this image it is noted that the photograph was taken on October 15, 2017 at 15-3954 This photo was taken with an iPhone 65 Plus The name of this image file is IME372013. On February 15, 2018 your attlant reviewed the IPhone extraction 0! Rob Forrest's phone, Your amant discovered that the closest numbered photograph in sequence to is a photograph or Megan Barry conducting a radio interview The name of that file is Beside her In this photo is what your amant believes to be the same black purse seen In IMGV1183 in the properties oi image lMG_11ss it is noted that the photograph was taken on May 16, 2017 at 08.22 11, This photo was taken with an lPhohe 65 Plus 0! note is that this photo was taken the morning after the photo 0! the woman on the bed with the purse beside her, In your aftiant's experience, cameras typically name photos in a numerical sequential order which would indicate that IMGJ 185 was the second photo taken after No was tound on the phone On February 15, 2013 in the revlew of the extraction of Rob Forrest's phone your afflant also discovered that the closest numbered photograph to IM672013 is a photograph of Megan Harry in what appears to be a television studio set The name of that tile is She is wearing a black outfit in this photo, In the properties 0! image it is noted that the photograph was taken on October 18. 2017 at 111351 This photo was taken with an lPhone 65 Plus Of note Is that this photo was taken a little over 4 hours before the photo of the woman's vagina was taken There were no images numbered through found on the phone. in turther revrew ot the extraction oi Forrest's phone, your afiiant noted many deleted items recovered in the extraction either in part or in whole. There were 35 deleted call logs between Rob Forrest and Megan Barry. There were 260 deleted chats between Rob Forrest and Megan Barry. There were 2 deleted SMS messages between Rob Forrest and Megan Barry. in a revrew or records provrded by the Mayors othce, Megan Barry's travel schedule shows that she did not travel with security personnel for the 4 business trips taken during the first 6 months of her administration starting in April 2016, Megan Barry began travelling with security on most out or town business trips From April 3, 2016 to January 17, 2013 Megan Barry took 45 out oi town 10 of these trips were personal trips where she did not have security personnel. or the 35 business trips during this timeirame, she had security personnel with her ior 30 of these trips Rob Forrest was present on 25 of these trips Ten oi these trips show that Megan Barry and Rob Forrest are the only travelers on the trip. Your ai'flant would note that there is a marked increase in trips with security around the same time that the affair began in the Spring oi 2016. On February 5, 2013 your atiiant reviewed a Summary oi Earnings ior fiscal years 2013 to 2017 for Rob Forrest and Detective Mike Dixon, both at which were on the Mayoi's security detail throughout this timetrame In the three iiscal years prior to Megan Barry's administration, Rob Forrest reponed an average oreso hours or overtime and Det. Dixon reported an average of 406 hours at overtime In the two years after Megan Barry took office, Rob Forrest has reported an average of 1189 hours of overtime while not. Dixon has reponed an average or 606 hours of overtime, Rob Forrest's overtime has increased by 53% while Del Dixon's overtime has only Increased by 49% Based on your aftlant's knowledge, training, and experience, I know that many people use their cell phones to communicate with others in a variety oi ways to include but not limited to email, text, instant messaging, phone calls, and various messaging applications. Many people also document cenain events with photographs, video recording or audio recording. Your athant also knows that many people use location services on their phones and that many phones store this iniormaiion in the properties of various data tiles Your aftiant knows that this information is often stored on cell phone devices even if the user has attempted to delete the information and can be recovered in a forensic data extraction 0! the device Your afflant believes that a search of Megan Barry's phone could reveal lnlormation that Is crucial evidence in this case, In particular, data and intormatlon that has been deleted irom Rob Forrest's phone may stlil exist on Megan Barry's phone On Thursday February 15, 2013 Special Agent in Charge (SAC) Russ Winkler of the TBI spoke to Attorney Jerry Martin who is representing Megan Barry in this investigation SAC Winkler requested that Megan Barry turn her phone over to the for examination along with her consent to search the phone Attorney Jerry Martin refused to comply with this request at that time On Friday February 16. 2018 your aftlarit Came betore the er Dozier and obtained a Search Warrant ior Megan Barry's phone assigned to the number Your afiiant executed that Search Warrant at Megan Barry's office in Davidson County at approximately 3.45PM that same day During the execution of that Search Warrant your affiant explained the process to Attorney Jerry Martin and requested Megan Barry?s passcode to her phone. Megan Barry did not provide your affiant with the passcode and Attorney Jerry Martin explained that he would have to get back with me on whether they would provide the code or not. 19. On February 20, 2018 your affiant submitted Megan Barry?s phone to SA Joei Wade of the Technical Services Unit of the TBI. He was not able to examine the phone?s contents due to the phone being locked. He was able to confirm that the for this particular phone is 356694081365256. IMEI stands for International Mobile Equipment Identity and it is a unique number used to identify most mobiie devices. 20. On February 20, 2018 SAC Winkler spoke with Attorney Jerry Martin concerning the passcode for Megan Barry's phone. Attorney Jerry Martin again deciined to provide the passcode. 21. Due to the fact that Megan Barry has thus far refused to provide the passcode to her phone, the only process for examining the phone known to your affiant is to have the phone unlocked by a third party. The device will be sent to a third party contractor to provide advanced technical services. These technical services may include passcode bypass, passcode unlocking, and advanced extractions of the device data. The third party contractor does not provide any type of anaiysis or examination of the data. The unlocked device and at! extracted data will be returned to the Tennessee Bureau of Investigation for technicai analysis and examination by the TBI Technical Services Unit. Experience and Basis of Knowiedde of Affiant Your affiant is a 2001 Graduate of the University of Tennessee at Knoxville and a 2011 Graduate of the Tennessee Law Enforcement Training Academy. Your affiant has been empioyed as a Special Agent with the Tennessee Bureau of Investigation since January 2011. Your affiant has completed the following training courses: Criminai investigations, Financiai Investigations, interview and Interrogation, Statement Analysis, Death and Homicide investigations, Child Sex Abuse, Stolen Vehicle Identification, Shooting Scene Reconstruction, Bioodstain Pattern Analysis, Latent Fingerprints, Bomb and Arson investigations, and Crime Scene Management. Your affiant has written and been invoived in the successfui execution of search warrants in different counties within this state. Your affiant has also investigated different types of cases to include: property crimes, violent crimes, public corruption, sex crimes, and white-collar crimes. have acted on and received the information set forth in this affidavit in my capacity as a Special Agent for the Tennessee Bureau of Investigation. CONCLUSION Your affiant believes that probable cause exists to show that Sgt. Rob Forrest used a department issued iPhone 65 Plus while on duty. It will also show that on May 15, 2017 and on October 18, 2017 he used this phone to photograph a nude or partially nude female. It will also show that Rob Forrest?s timecards report that he was working while these photographs were taken. Your affiant believes probable cause exists to show that Rob Forrest was indeed not working at the time and were taken but was rather participating in the affair with Megan Barry at these times. Your affiant further believes that the deleted chats and messages between Rob Forrest and Megan Barry, if recovered, couid provide further evidence of their activities while Rob Forrest reported to be on duty. Based upon the probable cause set forth in this affidavit, your Affiant prays for a search warrant to be issued for the recovery of evidence mentioned in this search warrant and supporting affidavit. Special Precautions Empioved in Executing This Search Warrant Your Affiant recognizes that a search warrant invoiving the search of an elected officials property mandates special precautions to ensure confidentiality protections are afforded to the business of government, its officials, and citizens; this confidentiality inciudes but is not limited to: legal conversations, contracts for bid, contingency plans, urban planning, employment, public safety, and any number of sensitive and confidential matters associated with the daily and long term operations of government. Further, it is recognized there is a duty to protect, from disclosure, information protected by legai privileges, and to ensure government operations are not disrupted by the investigative activities of law enforcement. As a result, an Agent(s) from the Tennessee Bureau of investigation (TBI), separate and apart from the Agent(s) assigned to investigate this matter (hereinafter referred to as the ?screening agents"), shalt assist your affiant in the actual search of material extracted from the device iisted in this search warrant. The Agent(s) shall act as a filter for the disclosure of information to the Agent(s) assigned to this investigation. The screening process shall be supervised and/or soleiy conducted, to be determined by the amount of material to be viewed, by a licensed attorney in Tennessee and employed by TBI. The TBI Attorney will screen all material, files, and records extracted to maintain the confidentiality of such records not deemed evidentiary. Other than a cursory review of extracted information after search warrant execution, for the purposes of determining whether the particular item falls within the ambit of this search warrant, your affiant and any other Agent(s) conducting this investigation will not conduct a detaiied examination of the items extracted under this warrant untii it is has been reviewed for relevancy by the screening Agent(s). More precisely, after execution of the search warrant and the material has been extracted from the target device, the actual search wiil begin by the screening Agent(s) and only that data, or items, pertinent to the investigation shaii be provided to your affiant or other Agent(s) assigned to this investigation. The screening Agent(s) shall not provide to your affiant, or any other Agent assigned to the investigation, any item, document, or information not relevant or pertinent to the allegations contained in this search warrant. Your affiant will meet with the screening Agent(s) upon issuance of this warrant to explain the scope, depth, and allegations of this investigation. Further, the screening Agent(s) shall be provided a copy of this affidavit and search warrant in order to perform the task requested of them by this search warrant. ,20?18. 2018. Signed: Criminal Court Judge for DaVid County, Tennessee .FHCER's RETURN This within warrant came to hand and was executed on the agf'm day of i 2018, by taking the following described property: as mete Resase Cill ,0 \me e. ?reweea at are use; adieu vs @v y, .. . - {f??ii?g . .- Sp?ecial ngent Joshua P. Savley, Tennessee Bureau of Investigation ,r STATE GE TENNESSEE DAVEDSON COUNTY Due and proper return having been made of the within warrant, the property seized as described in the said return shalt be retained, subject to the order of the Criminal Court Clerk of Davidson County, and the within warrant, affidavit, and return shall be filed in the office of the Clerk of said court. This the 11% day of :Eebt?e sue/V ,2018. 5% Criminal Court Judge for Davidson nty, Tennessee