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 Case 9:21-mj-00014-JTJ Document 1-1 Filed 01/27/21 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

UNITED STATES OF AMERICA 1

Case No. MJ-21-14-M-JTJ

V.

Naseem Ali Mohammed aka Bati

Ahmed

AFFIDAVIT OF SETH JUSTESEN

IN SUPPORT OF A CRIMINAL COMPLAINT

I, Seth Justesen, being duly sworn, upon depose and states:

1. Your affiant is a Border Patrol Agent-Programs (BPA-P) with the

United States Department of Homeland Security, Bureau of
Customs and Border Protection (CBP) and as such, is designated
by the Secretary of the Department of Homeland Security to
investigate violations of the Immigration and Nationality Act under
Title 8 United States Code.

2. Your affiant has been employed as a federal law enforcement

officer since 2014. This office has jurisdiction over the state of
Montana.

3. In my capacity as a Border Patrol Agent-Programs, I have

reviewed the official OHS records as well as all law enforcement
databases and CBP automated biometric data related to Naseem
Ali Mohammed aka Bati Ahmed which attest to the following:

a. Mohammed is a twenty-three (23) year-old male, citizen of

Canada who crossed illegally into the United States on January
23, 2021, in violation of 8 U.S.C.§ 1325(a).

4. On January 23, 2021, at approximately 8:55 a.m., Spokane Sector

Border Patrol Dispatch, received trail camera activations
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Case 9:21-mj-00014-JTJ Document 1-1 Filed 01/27/21 Page 2 of 4

notification indicating three subjects dressed in camouflage and

dark clothing carrying black backpacks crossing the border from
Canada into the United States in the area of West Kootenai,
Montana.

5. At approximately 9:35 a.m.(MST), Border Patrol Agent(BPA)

Joshua Long and BPA Warren Barker located a dark in color
Nissan Sentra with temporary tags on West Kootenai road leaving
the area where the three subjects had crossed illegally over the
international boundary fence into the United States. West
Kootenai road is the only road leading in and out of that area. BPA
Long and BPA Barker noted that the vehicle’s windows were
fogged up but they were able to see multiple occupants in the
Nissan Sentra as they passed by on the road.

6. BPA’s Long and Barker along with K9 Border Patrol Agent Kase
Kossman immediately turned around in order to get a better look at
the vehicle. Agents activated their emergency lights and sirens in
an attempt to conduct a vehicle stop. The Nissan Sentra eventually
pulled to the side of the road after continuing to drive for
approximately another quarter mile. As BPA Long and Barker
approached the Nissan Sentra on foot the driver of the Nissan
Sentra accelerated away at a high rate of speed.

7. BPA Kossman, knowing that the Nissan Sentra would have to

cross the Koocanusa bridge, radioed the description of the vehicle
to BPA Tyrell Eslick who was waiting near the bridge. BPA
Kossman also contacted the local dispatch in Eureka and asked for
assistance from state, county or local police departments. BPA’s
Long, Barker and Kossman attempted to pursue the Nissan Sentra,
but due to the excessive speed and poor road conditions, they could
not keep up.

8. BPA Tyrell Eslick was positioned in his assigned government

vehicle on the south side of West Kootenai (Koocanusa) bridge on
the side of the road so that he could see which direction the Nissan
Sentra intended to travel. North or South on Highway 37. Once the
Nissan Sentra crossed the Koocanusa Bridge the driver appeared to
alter his direction of travel upon seeing BPA Eslick’s assigned
government vehicle and turned northbound on Highway 37 toward
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Case 9:21-mj-00014-JTJ Document 1-1 Filed 01/27/21 Page 3 of 4

Eureka, Montana.

9. BPA Eslick began following the vehicle from a safe distance while
providing updates to other responding agents. Lincoln County
Sheriffs Office(LSCO)was contacted and requested to take over
the pursuit. Due to the high rate of speed, BPA Eslick was only
able to follow the Nissan Sentra to the approximate location of the
Eureka cemetery. At that point, LSCO Deputy Slayer picked up
pursuit of the Nissan Sentra as it entered the city limits of Eureka.

10.The Nissan Sentra continued at high rates of speed heading

southeast on Highway 93 toward Whitefish, Montana. Flathead
County Sheriffs Office(FCSO)and Montana Highway Patrol
(MHP)were notified of the incoming pursuit. MHP and FCSO
deployed a Vehicle Immobilization Device on the Nissan Sentra on
Highway 93 outside of and the Nissan Sentra ultimately came to a
stop down a small embankment off the highway, approximately
four miles from Whitefish, Montana. FCSO and MHP made
contact with the four occupants and placed them under an'est.

11.At approximately 10:25 hours, BPA-K9 Handler Adam Peacock

was the first agent on scene after the vehicle came to a stop. After
all subjects were under an*est and the scene was secured, BPA-K9
Handler Peacock deployed service canine Havoc in order to
conduct a search of the Nissan Sentra for illegal drugs or concealed
persons. BPA-K9 Handler Peacock and canine Havoc performed a
search of the vehicle and canine Havoc alerted to the presence of a
trained odor. In the rear floorboards of the Nissan Sentra in plain
view were what appeared to be pills and what appeared to be
marijuana. There were also in plain view several electronic
devices. During the search of the vehicle occupants, 21.8 grams of
marijuana was located on subject Christopher White.

12. All subjects were transported to the Whitefish Border Patrol

station for processing and fingerprints. A search of law
enforcement databases revealed the driver of the Nissan Sentra to
be that of Rastesfaye Alpha Neil (United States Citizen) and the
passengers as Christopher White (Jamaica Citizen), Naseem Ali
Mohammed aka Bati Ahmed (Somalia National, Canadian Legal
Permanent Resident) and Afrah Ahmed Abdi (United States Legal
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 Case 9:21-mj-00014-JTJ Document 1-1 Filed 01/27/21 Page 4 of 4

Permanent Resident, Somalia National).

13.On January 23, 2021, Border Patrol Agent-Intelligence Dylan

MacGregor received Naseem Ali Mohammed aka Bati Ahmed’s
fingerprints from BPA Jeff Peterman. Mohammed’s fingerprints
were submitted in IDENT, ABIS and NGI. Fingerprint queries
revealed no history criminal or immigration history for Naseem Ali
Mohammed (aka Bati Ahmed). Upon further investigation with
law enforcement partners in Canada, he is a known gang member
and suspect in multiple homicides spanning two Provinces.

14.On the basis of the facts above, your affiant believes that there is
probable cause to believe that Naseem Ali Mohammed aka Bati
Ahmed, has violated 8 U.S.C.§ 1325(a)- Improper Entry by Alien.

///

///

III

Seth Justesen
Border Patrol Agent-Programs
Bureau of Customs and Border
Protection
United States Border Patrol
Spokane, Washington

Subscribed and sworn to before me this of January, 2021 at

Great Falls, Montana.

Honorable John T. Johnston

United States Magistrate Judge
District of Montana
Great Falls, Montana