Summary of WNY district affidavit in 420 Emporium case

Yesterday our story on the raid at The 420 Emporium contained information from an affidavit we obtained that had been filed in support of a search warrant request.

It turns out, that affidavit came out of the Northern District of the U.S. Attorney's Office. Today, we obtained a copy of the affidavit from the Western District, which includes Batavia, Brockport and Rochester.

Below is some of the information that is specific to the WNY affidavit, presented in the order it appears in the affidavit, omitting information covered in the previous affidavit and concentrating on items relevant to Batavia:

• Product obtained at the stores allegedly contained controlled substance analogs known as alpha-PVP, Pentedrone, MPPP, UR-144, and AM2201.
• The first undercover purchase was May 10 at the Brockport store. The agent inquired about "Snowblind" and "Rave." The agent paid $60 for the products and left. Tests showed the products allegedly contained Pentedrone.
• On July 19, an undercover agent again entered the Brockport store and noticed packages of synthetic marijuana were no longer available. The agent inquired about a product called "Da Bomb." A clerk reportedly said the store did not carry the product anymore because it had been outlawed. A second clerk said the problem was the packages didn't contain a surgeon general warning and the first clerk allegedly said that somebody would "repackage that shit in like a month or two and send it back out, you know that," and the second clerk added, "You know it's going to be the same companies, different name."
• The first alleged controlled purchase by agents in Batavia was July 2. Two undercover agents entered. The first agent inquired about Amped, Pump-It and Spice. A store clerk allegedly said the Batavia location was out of Pump-It but the Rochester store might have it. UC-1 asked if a different synethetic cannabinoid had the same watermelon flavor as "Mr. Happy." The clerk allegedly said that was like "comparing apples to oranges." The UC asked for a recommendation and the clerk said she could not recommend anything, saying "people like what they like." The agent reportedly recognized face-down packages of Amped on the counter, so asked if there was any Amped available. The agent purchased one package of Amped for $65.
• The second agent requested a synthetic cannabinoid known as "Purple Haze." The agent said one of the product made his girlfriend's stomach sick and asked what product might make someone's stomach sick. The clerk said she didn't know and added that the product was not supposed to be used for human consumption. The clerk then sold the agent a package of "Purple Haze" for $21.60. The affidavit notes that agents made it abundantly clear they intended to use products for human consumption and the female clerk was reluctant to talk about it.
• On July 16, two undercover agents entered the Batavia store. The first agent asked for a packet of Snowman and the clerk said the store was out of it. "The clerk further stated the brands Rave and Snowman tested positive in 'field test,' " the affidavit says. "When asked if they had anything like it the clerk said he could not lead the agent in any one direction, but then, in a not-so-subtle fashion, displayed an empty packet of Amped." The agent said he had taken "Amped" before and tried to purchase one package for $54. When the agent couldn't produce ID, the other agent allegedly made the purchase.
• The second agent then inquired about G-13. The clerk said the product was illegal. The agent asked if any was still in stock and the clerk allegedly responded that they had "Da Bomb" and "WOW" in stock. The first agent then said, "we need papers." The clerk said he could not sell the product and papers in the same purchase "because I have to assume it is going to be consumed," allegedly adding, but "you can go outside and come back." Agent one allegedly made the synthetic cannabinoid purchase, left the store while the second agent waited, returned 10 seconds later and bought papers. 
• During the July 16 undercover buy, the clerk advised the agents 420 Emporium had been in the news recently about bath salts. The clerk allegedly explained that he would only get into trouble if he sold bath salts for human consumption.
• The Amped was not being kept in plain view, the agent notes in the affidavit. A sign read, "All products are intended for their legal purposes only. Any mention of illegal activity will not be tolerated. Thank you."
• During an alleged buy in Rochester, a clerk reportedly told an agent that there were 16 remote cameras in the store that were monitored by the owner from his home.
• The affidavit notes that the Batavia store had been subject of multiple police reports from concerned citizens and community activists. The report makes note of, but not by name, the arrest of Nicole Lang for alleged trespassing. The incident spawned increased media attention on the store and led to a protest at the location, the affidavit notes.
• Michelle Condidorio, Joshua Denise and Austin Szczur are all named in the affidavit as suspects for arrest.