Loading...
HomeMy WebLinkAboutSW for vehicle, blood, DNA, and cellphone_RedactedJ. Capacete #2998 Search Warrant SAPD 23-07962 Page 1 of 10 STATE of CALIFORNIA, COUNTY of ORANGE, SEARCH WARRANT and AFFIDAVIT (AFFIDAVIT) Peace Officer Justo Capacete swears under oath that the facts expressed by him/her in the attached and incorporated Statement of Probable Cause are true and that based thereon he/she has probable cause to believe and does believe that the articles, property, and persons described below are lawfully seizable pursuant to Penal Code Section 1524 et seq., as indicated below, and are now located at the locations set forth below. Wherefore, Affiant requests that this Search Warrant be issued. HOBBS SEALING REQUESTED: YES NO __________ Justo Capacete_____________________, NIGHT SEARCH REQUESTED:YES NO (Signature of Affiant) (SEARCH WARRANT) THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICEMAN OR PEACE OFFICER IN THE COUNTY OF ORANGE: proof by affidavit, under penalty of perjury, having been made before me by Peace Officer / Detective Justo Capacete that there is probable cause to believe that the property or person described herein may be found at the location(s) set forth herein and that it is lawfully seizable pursuant to Penal Code Section 1524 et seq., as indicated below by “”(s), in that: it was stolen or embezzled; it was used as the means of committing a felony; it is possessed by a person with the intent to use it as means of committing a public offense or is possessed by another to whom he or she may have delivered it for the purpose of concealing it or preventing its discovery; it tends to show that a felony has been committed or that a particular person has committed a felony; it tends to show that sexual exploitation of a child, in violation of Penal Code Section 311.3, or possession of matter depic ting sexual conduct of a person under the age of 18 years, in violation of Section 311.11, has occurred or is occurring; there is a warrant to arrest the person; a provider of electronic communication service or remote computing service has records of eviden ce, as specified in Penal Code Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in possession of any person with intent to use them as a means of committing a misdemeanor public offens e, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their discovery; You are Therefore COMMANDED to SEARCH: (premises, vehicles, persons) See Attachment “A” For the FOLLOWING PROPERTY or PERSON(s): See Attachment “A” AND TO SEIZE IT / THEM IF FOUND and bring it / them forthwith before me, or this court, at the courthouse of this court. This Search Warrant and Affidavit and attached and incorporated Statement of Probable Cause were sworn to as true and subscribed before me on this 12th day of April, 2023, at ___________ A.M. / P.M. Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it. HOBBS SEALING APPROVED: YES NO ______________________________________________________, NIGHT SEARCH APPROVED: YES NO (Signature of Magistrate) Judge of the Superior Court of California, County of Orange, Central Justice Center, Dept. C-57. (Magistrate’s Printed Name) J. Capacete #2998 Search Warrant SAPD 23-07962 Page 2 of 10 Attachment “A” You are Therefore COMMANDED to SEARCH: ( Premises, Vehicles, Persons ) -THE VEHICLE described as a 2003 GMC Yukon 4 door black in color bearing California license #, currently stored at B&D Towing located at 1502 N. Susan Street in Santa Ana. -The premise known as OC Global Medical Center located at, 1001 N. Tustin Avenue, Santa Ana, California, 92705, described as a Hospital/Medical Center. -Marvin Ricardo Melgarejo (DOB: 01-11-2003) Male, Hispanic, 5’5”, 185lbs, black hair, brown eyes. California Driver’s License: . -Apple IPhone with a clear case belonging to Melgarejo, currently booked in evidence at the Santa Ana Police Department under CI#2023-07973. For the FOLLOWING PROPERTY, THING(s) or PERSON(s): Any articles or personal property tending to establish the identity of persons who have dominion and control over the premises to be searched, including personal identification, keys, purchase receipts, sales receipts, photographs, vehicle pink slips and vehicle registration. Forensic evidence such as fingerprints and Deoxyribonucleic Acid (DNA swabs) in the vehicle. Forensic evidence such as Deoxyribonucleic Acid (DNA). Any handgun, semi-auto or revolver, regardless of caliber. In addition to any handgun, any spent cartridge casings, any miscellaneous gun/firearm pieces, ammunition, gun-cleaning items or kits, holsters, ammunition belts, original box packaging materials, magazines, expended pieces of lead/bullets, any photographs of firearms, or any paperwork showing the purchase, storage, disposition, and/or dominion and control over any guns, any ammunition, or any of the above items. Any evidence of street gang membership, or affiliation with any street gang, such as any paraphernalia making any reference to the “BISHOP” street gang. Items such as any audio and/or video tapes making reference to the “BISHOP” street gang, and/or any drawings, miscellaneous writings, objects, and/or graffiti depicting gang members’ names, initials, logos, monikers, slogans, and/or containing mention of street gang membership affiliation, activity, and/or identity, as it is your Affiant’s experience that most street gang members are known by street names or monikers to their fellow gang members, and that they frequently write their names and/or monikers of their associates on walls, furniture, miscellaneous items or papers, both within and on their residences, and within and on their vehicles; any paintings, drawings, film (developed and undeveloped), photographs and/or photograph albums depicting persons, vehicles, weapons, and/or J. Capacete #2998 Search Warrant SAPD 23-07962 Page 3 of 10 locations to be relevant on the question of gang membership or association, which depict items sought in this Search Warrant, and/or which depict evidence of any criminal activity; The court authorizes the use of person(s) who are not peace officers (Civilian Forensic personnel) to assist Peace Officers. Deoxyribonucleic Acid (DNA) sample from Marvin Ricardo Melgarejo’s saliva and mouth cells to be taken as a “Buccal”, oral swab and /or blood sample obtained in a medically approved manner. Should Melgarejo resist, I request reasonable force be used to obtain this sample. Blood vial(s) of “Pre-Transfusion Blood” taken from Marvin Ricardo Melgarejo (DOB: 01-11-2003) / California Driver’s License: MRN , and Medical Records. Melgarejo was admitted into OC Global Medical Center on April 7, 2023. The court authorizes the use of person(s) who are not peace officers (Civilian Forensic personnel) to assist Peace Officers. The cellular phone(s) listed above for the following data and digital contents between the dates of November 1st, 2022 through April 30th, 2023: A phone “dump” extraction will be attempted on the listed cell phone. Contact lists, call histories, push to talk histories, text messages and attachments, text message histories, SMS messages and attachments, SMS message histories, pictures, images, icons, videos, graphics, sound recordings, voice memos, files, deleted files, configurations, date and time information, own phone numbers, own radio push to talk identifiers, international mobile subscriber identities, calendar and schedule entries, data, and parts and component identifiers for the dates above. All communications content, including email, text, notes, or voicemail. This data will also include attachments, source and destination addresses, and time and date information, and connection logs, images and any other records All location data. Location data may be stored as GPS locations or cellular tower connection data. Location data may be found in the metadata of photos and social networking posts, wi-fi logs, and data associated with installed applications All photographic/video/audio data and associated metadata All internet history, including cookies, bookmarks, web history, search terms J. Capacete #2998 Search Warrant SAPD 23-07962 Page 4 of 10 All financial information. All indicia of ownership and control for both the data and the cellular device, such as device identification and settings data, address book/contacts, social network posts/updates/tags, wi-fi network tables, associated wireless devices (such as known wi-fi networks and Bluetooth devices), associated connected devices (such as for backup and syncing), stored passwords, user dictionaries. Investigating officers are authorized, at their discretion, to conduct an offsite search of the seized items for the property described at the Orange County Regional Computer Forensics Laboratory (OCRCFL) located at 3800 W. Chapman Avenue, in the City of Orange, County of Orange, California 92868 or any Federal Bureau of Investigation (FBI) facility. Investigating officers and those agents acting under the direction of the investigating officers are authorized to access all data on the cellular device to determine if the data contains the items as described above. If necessary, investigating officers are authorized to employ the use of outside experts, acting under the direction of the investigating officers, to access and preserve data on the cellular device. Those items that are within the scope of this warrant may be copied and reta ined by investigative officers. REQUEST TO DELAY NOTIFICATION OF SEARCH WARRANT: The Court authorizes delayed notification to the target of the warrant / party pursuant to Penal Code section 1546.2(b) for the period of ninety days. Your Affiant is aware that Penal Code section 1546.2 mandates that the law enforcement agency serving this warrant notify the target of the warrant contemporaneously with the service of the warrant unless an order delaying notification is granted. It is further requested, pursuant to the delayed notice provisions of Penal Code section 1546.2(b), an order delaying any notification to the target(s)/parties that may be required b y section 1546.2(b) about this warrant, for the period of ninety days. Such an order is justified because providing prior notice to the target(s)/parties in the matter would possibly lead to flight from prosecution; destruction of or tampering with evidence; intimidation and dissuading of potential witnesses; or otherwise seriously jeopardize an investigation or unduly delay a trial. Based on the violent gang sub-culture, I believe contemporaneous notification of the search warrant would additionally put lives in unnecessary danger; specifically, the surviving witnesses in this case. California Electronic Communications Privacy Act (CalECPA) J. Capacete #2998 Search Warrant SAPD 23-07962 Page 5 of 10 Pursuant to Penal Code section 1546.1(d)(2), it is hereby ordered that any information obtained through the execution of the warrant that is unrelated to the objective of the warrant shall be sealed and not subject to review, use or disclosure without a court order. The court orders that any items seized during the lawful service of this search warrant be disposed in accordance with the law, by the Santa Ana Police Department, upon adjudication of the case. The officers serving the search warrant are also hereby authorized, without necessity of further court order, to return seized items to any known victim(s) if such items have been photographically documented. J. Capacete #2998 Search Warrant SAPD 23-07962 Page 6 of 10 STATE of CALIFORNIA, COUNTY of ORANGE, ATTACHED and INCORPORATED STATEMENT OF PROBABLE CAUSE Affiant declares under penalty of perjury that the following facts are true and that there is probable cause to believe, and Affiant does believe, that the designated articles, property, and persons are now in the described locations, including all rooms, buildings, and structures used in connection with the premises and buildings adjoining them, the vehicles and the persons: Detective Justo Capacete #2998 says the facts in support of the issuance of the search warrant are as follows: I have been a Peace Officer for over twenty-three (23) years. I am currently assigned to the Santa Ana Police Department Detective Bureau, Special Investigations- Orange County Homicide Unit. I attended a Basic P.O.S.T. certified academy at the Los Angeles County Sheriff’s Department. I completed the field training program at the Santa Ana Police Department. I have been assigned as a Detective with the Santa Ana Police Departments Gang Unit and Career Criminal Unit, and I assisted with and handled gang related incidents including weapon offenses, narcotic offenses, assaults with deadly weapons, attempted murders, and homicides. I investigate Officer Involved Shootings, assault with deadly weapons, murders, and other major crimes. I have attended a 36 hour Officer Involved Shooting Investigation course provided by the California Department of Justice Advanced Training Center and an 80 hours Homicide School provided by the Los Angeles County Sheriff’s Department. I state that the facts in support of the issuance of the search warrant are as follows: Santa Ana Police Department Report 23-07962 On Friday, April 7, 2023, at 6:41 PM, SAPD Communications Division received a broadcast from Officers Craig Coffer and Robert Santaella (092A) who relayed an Officer-Involved Shooting occurred (998) at Rosewood Avenue/Bishop Street. Officers Coffer (Driver) and Santaella were riding in a two-man unit and initiated a traffic stop of a vehicle, identified as a black 2003 GMC Yukon, license plate The driver (later identified as Marvin Ricardo Melgarejo) exited the vehicle with a firearm and an Officer-Involved Shooting occurred. The driver of the vehicle fled the scene on foot, running northbound on Rosewood Street. A male passenger remained in the front passenger seat of the suspect vehicle. Approximately 1-2 minutes after the Officer-Involved Shooting, additional gunshots were heard coming from a northerly direction. Sergeant M. Wharton #2888 (220) responded and assumed the role as Scene Supervisor. It should be noted that this location is a gang infested area claimed by the “BISHOP” street criminal gang. J. Capacete #2998 Search Warrant SAPD 23-07962 Page 7 of 10 According to Sergeant Wharton, Officers arrived on scene and removed the front passenger from the vehicle and took him into custody without incident. The passenger was identified as Roberto Gonzalez-Diaz (DOB: 07-26-90). He was transported to the Santa Ana Police Department. Officers Cofer and Santaella were also transported to the Santa Ana Police Department. At approximately 6:45 PM, Melgarejo was located by officers down along the east sidewalk at 437 S. Shelton Street, suffering from several gunshot wounds to his body. Officers provided medical care to Melgarejo, until the arrival of Orange County Fire Authority. Melgarejo was transported to OC Global Medical Center where he was subsequently listed in stable condition. Melgarejo was in possession of an Apple IPhone with a clear case and a baseball hat with a “B” logo. The Apple IPhone with a clear case and baseball hat were booked into evidence at the Santa Ana Police Department under CI# 2023-07973 by Crime Scene Officers. Public Safety Statements were obtained from both officers at the scene. Officer Cofer advised he fired approximately eight rounds in a northerly direction from the driver’s side of the marked unit. Officer Santaella advised he fired six rounds in a northerly direction from the front passenger side of the unit. They were both uncertain if the suspect was struck by gunfire and advised only one suspect was outstanding. The described the suspect as a male Hispanic, wearing a black sweater, black hat and white shoes. The Orange County District Attorney’s Office Special Assignments Unit, the Santa Ana Police Department Homicide Section and the Santa Ana Police Department Internal Affairs Division responded to investigate the various facets of the case. During the scene briefing, Sergeant Wharton advised there were 11 cartridge cases located at the scene of the Officer-Involved Shooting. A firearm belonging to the suspect was located to the right rear passenger wheel of the suspect vehicle. A magazine was located near the driver side front wheel of the marked police unit driven by Officer Cofer. During a canvas by officers, officers viewed surveillance video that depicts Melgarejo running eastbound on Myrtle Street, then southbound onto Shelton Street along the east sidewalk. A grey SUV is captured on video driving southbound on Shelton Street and stopping at the west curb line. Two male subjects exit the passenger side and fire multiple rounds in Melgarejo’s direction. Upon conducting further investigation, a total of 12 cartridge cases were discovered along the west sidewalk, south of Myrtle. As a result, a separate Crime Report was generated listing Melgarejo as a victim of this shooting under CI# 2023-07973. A homicide detective and D.A. Investigator responded to OC Global in an attempt to conduct an interview with Melgarejo. Although Melgarejo was listed in stable condition, he was heavily medicated and could not J. Capacete #2998 Search Warrant SAPD 23-07962 Page 8 of 10 be interviewed. Medical staff identified two gunshot wounds to his left biceps, two gunshot to the left upper thigh, two gunshot wounds to the right thigh, and two gunshot wounds to the right calf. A bullet core was removed from his buttocks area during examination. Melgarejo’s blood vial(s) of “pre-transfusion blood” were collected and stored at OC Global Medical Center. Roberto Gonzalez-Diaz was interviewed by an Orange County District Attorney Investigator and Homicide Detective. Gonzalez-Diaz advised he picked up Melgarejo from his residence located at at approximately 6:00 PM. Gonzalez-Diaz said he allowed Melgarejo to drive his vehicle because he has had a previous driving under the influence of alcohol arrest and he wanted to consume alcohol. Gonzalez-Diaz claims they were on their way to a party when officers pulled them over. Melgarejo stopped along the east side of the street. All of a sudden, Melgarejo exited the vehicle and began to run. Gonzalez- Diaz said he heard numerous gunshots. Gonzalez-Diaz claims he unaware Melgarejo was in possession of a firearm. A records check of Gonzalez-Diaz revealed he is on Active PRCS for a weapons violation and an associate to the “BISHOP” street gang. Melgarejo is also a documented Bishop Street gang member with the moniker of “Saint”. During the processing of the crime scene, (13) 9mm cartridge cases were collected. The firearm recovered from the suspect is a 9mm caliber ghost gun. Gonzalez-Diaz was booked into the Santa Ana Jail for PC 29800(a)(1), Prohibited Person in Possession of a Firearm. A booking sheet was placed on Melgarejo for the charge of PC 664-187(a), Attempted Murder. On 4-11-2023, Detectives attempted to speak with Melgarejo under Miranda. Melgarejo requested to speak to an attorney. Based on the aforementioned reasons, I believe there is probable cause to search the 2003 GMC Yukon, license plate for evidence related to the crime of Penal Codes 664/187(a), attempted murder, for evidence, as well as collect buccal swabs for comparison to any biological swabs collected at the scene of the ongoing attempted murder investigation. Based upon your Affiant’s training, experience, and conversations that your Affiant had with other Law Enforcement Officers and/or reports that your Affiant has read, your Affiant knows DNA is unique to each individual and DNA can be used to establish possession of specific items. J. Capacete #2998 Search Warrant SAPD 23-07962 Page 9 of 10 Based on the aforementioned reasons, I believe there is probable cause that Melgarejo’’s DNA will be located on the 9MM handgun possessed by Melgarejo during the Officer Involved Shooting and collected at the crime scene. Your Affiant believes there is probable cause to search the Apple IPhone belonging to Melgarejo as it will be evidence related to the possession of a firearm and involvement of the “BISHOP” criminal street gang. Additionally, based on your Affiant’s training, experience, and conversations that your Aff iant has had with victims, witnesses, suspects in crimes, as well as other law enforcement officers, and/or reports that your Affiant has read, your Affiant is familiar with the methods utilized by suspects to communicate before, during, and after the commission of crimes. Your Affiant is aware that suspects, co-conspirators, victims, and witnesses often communicate with other persons and/or each other through electronic devices and means including, but not limited to, social media applications prior to, during, and after the commission of crimes. Moreover, data from cellular phone devices and/or social media accounts may demonstrate the suspects’ proximity to the location of the crime and reveal actions or communication the suspect(s) made with accomplices and/or other potential suspect(s). Additionally, suspect(s) may erase or delete text profiles, accounts, messages, call logs, videos, and other information from cellular phone devices and/or social media accounts in order to conceal information that may be relevant to the crime and its pursuant investigation. Your Affiant therefore believes that information contained on the cellular phone devices seized from the vehicle will contain direct evidence related to this case, such as additional suspect information and/or accomplice information, as well as information pertaining to the attempted murder investigation. Based on the information provided, I believe a search of the Apple IPhone with clear case device will provide valuable evidence regarding the involvement of Melgarejo to this investigation. Based on the aforementioned reasons, I believe there is probable cause that Melgarejo’s blood vial(s) of “pre- transfusion blood” will show that he also was under the influence of alcohol during the commission of the attempted murder on the Santa Ana Police Officers. I believe probable cause exists that Melgarejo’s “pre- transfusion” blood vial contains evidence of the presence of alcohol, which will assist in determining Melgarejo’s mental state during the commission of the crime. Based upon the aforementioned facts and circumstances, I have reasonable cause to believe that grounds for the issuance of a Search Warrant exist, as set forth in Section 1524 of the California Penal Code, I pray that a Search W arrant be issued based upon the aforementioned facts, for the seizure of said property, or any part thereof, good cause being shown thereof, and the same be brought before this Magistrate or J. Capacete #2998 Search Warrant SAPD 23-07962 Page 10 of 10 retained subject to the order of the court, or of any court in which the offense(s) in respect to which the property of things taken, triable, pursuant to Section 1536 of the Penal Code. Items attached and incorporated by Reference: YES NO I certify (declare) under penalty of perjury that the foregoing is true and correct. Executed at Santa Ana , California ______Justo Capacete_________________, 12th day of April, 2023, at 8:03 A.M (Signature of Affiant) Reviewed by : Approved via e-mail by DDA Shaun Abuzalaf, 12th day of April, 2023, at 7:50 A.M (Signature of Deputy District Attorney) _______DDA Shaun Abuzalaf________ (Printed Name of Deputy District Attorney)