Loading...
HomeMy WebLinkAboutLongoria Cellphone and CDR warrant (signed)_RedactedSearch Warrant Page 1 of 19 SW NO.______________ SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE Detective George Bodnar #3337 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. SEALING REQUESTED: YES NO George Bodnar , NIGHT SEARCH REQUESTED: YES NO (Signature of Affiant) THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY PEACE OFFICER IN THE COUNTY OF ORANGE: proof by affidavit, having been this day made before me by Detective George Bodnar 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 pursuan t to Penal Code Section 1524 et seq., as indicated below by “”(s), in that: property was stolen or embezzled; property or things were used as the means of committing a felony; property or things are in the possession of any person with the intent to use them as a means of committing a public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their be ing discovered; property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony; property or things to be seized consist of evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under the age of 18 years, in violation of Section 311.11, has o ccurred or is occurring; there is a warrant to arrest a person; a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of any person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of anot her to whom he or she may have delivered them for the purpose of concealing them or p reventing their discovery; property or things to be seized include an item or any evidence that tends to show a violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has violated Section 3700.5 of the Labor Code; You are Therefore COMMANDED to SEARCH: (premises, vehicles, persons) See Attachment “A” For the FOLLOWING PROPERTY, THING(s) or PERSON(s): See Attachment “B” ADDITIONAL COURT ORDERS REQUESTED: See attached “Authorized Court Orders”, which are hereby incorporated and is set forth in full. 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 ______ day of __________, ________, at ___________ A.M. / P.M. Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it. 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. (Magistrate’s Printed Name) SEARCH WARRANT Search Warrant Page 2 of 19 ATTACHMENT “A” YOU ARE THEREFORE COMMANDED TO SEARCH: The red Apple iPhone that Victor Longoria had in his possession at the time of his arrest on May 16, 2023; and all memory cards immediately associated / attached with the cellular telephone such as SIM cards and memory cards, which are located in Santa Ana Police Department (60 Civic Center Plaza, Santa Ana, CA 92702) evidence packages #2023-11148.001 booked under CI# 23-11148. Cellco Partnership dba: VERIZON WIRELESS, Verizon Security Assitance Teat (VSAT), Attn: Custodian of Records, 180 Washington Valley Road, Bedminster, NJ 07921. (Local Jurisdiction Address) 3770 W. McFadden Avenue, Santa Ana, Ca. 92704. I verified that Service Provider is a California corporation or foreign corporation doing business in California at the aforementioned location, and is a provider of electronic communication service as defined in California Penal Code Section 1524.2(a)(1) and 18 USC § 2510(15). Search Warrant Page 3 of 19 ATTACHMENT “B” FOR THE FOLLOWING PROPERTY and/or THINGS: All records associated with the following TARGET TELEPHONE NUMBER: 714-822-9372 (VERIZON service provider) Hereafter referred to as the “Target Telephone Number.” Unless specifically specified below, all of the below mentioned services are being requested for all of the listed Target Telephone Number. IT IS HEREBY ORDERED that, based upon probable cause, Service Provider shall provide the following information and services for the account associated with the Target Telephone Number(s). The information and services requested within this Search Warrant not only applies to the original Target Telephone Number(s), but also includes any telephone number(s) subsequently assigned to the same handset, SIM card, and/or subscriber. The following information and services shall be provided within 24 hours of request for the time period beginning 9/1/2022 PST – 5/16/2023 PST.  SUBSCRIBER INFORMATION o Date of birth, social security number, and government issued identification o Device information including make, model, IMSI, MIN, MSID, IMEI, and MAC address o Credit application o Place of purchase o Account opening date o Customer account notes o IP addresses used to access the mobile account with destination logs o All phone numbers and devices listed on the account o Payment information and history with credit card information o Service/lease agreements o Customer care recordings  CALL DETAIL RECORDS WITH CELL SITE INFORMATION o Including local and long distance connection records o IPDR with cell site information o Including information passed through network extenders  STORED ELECTRONIC COMMUNICATIONS o Text messaging detail and content o SMS and MMS content o Voicemail and stored voicemail reproduction o IP sessions and destinations with location information o Email  HISTORICAL PRECISION LOCATION DATA all specialized carrier records that may be referred to as o LOCDBOR o PCMD o RTT - From 4/6/2023 to 4/8/2023 o TruCall/TDOA Search Warrant Page 4 of 19 ATTACHMENT “B” CONTINUED In compliance with California Electronic Communications Privacy Act referenced by California Pe nal Code § 1546.1(d)(1), each of the types of records specified below associated with the Forensic Exam of Digital Device shall be for the period of 9/1/2022 – 5/16/2023. The provided records shall be reviewed by your Affiant or other investigators of the Santa Ana Police Department for evidence related to the crime(s) of: attempted murder, illegal possession of ammunition and Calle Flores gang affiliation. Audio Files: Stored audio files, in whatever format they may be found on the device, that upon revie w are determined to contain evidence related to this investigation as specified in this search warrant. These audio files may consist of, but not be limited to, voice memos, stored voicemails, detached audio from damaged video files, or any music file deemed relevant. Communication Information: Locally stored call logs, emails, text messages to include Short Message Service (SMS), Multimedia Message Systems (MMS), and stored chat records from apps capable to sending textual, audio, or video messages to other users. Device and Usage Information: Data related to the mobile device such as system and storage configurations, date and time and time zone data, ownership and registration information, address books, notes, memos, file metadata, internet history, program files, installed apps, and any other stored files. Images and Videos: Stored image, video, or other stored graphical files within the described mobile device(s) to include associated metadata such as associated dates and times, camera information, embedded geolocation data, and physical properties of the files. Internet History: Records and data related to the user's internet activity and history. These records shall include the associated app data, logs, IP addresses, cookies, bookmarks, web history and search terms, and stored files associated with the user's actions. Location Data: Stored data that would tend to show the location of the device or user including, but not limited to, stored GPS records which contain Latitude & Longitude coordinates including azimuth, any stored cellular tower connection data such as logs of previously connected cell towers, Wi-Fi Access Point SSIDs, and embedded location metadata in photos and videos. System Information and Configuration: Files and data related to system configurations, storage configurations, device identification and settings data, file system format, serial number, volume name their associated dates and times. User Attribution: Files and data consistent with attribution evidence of a person's use of the mobile phone that may help to identify the user or verify the user's access to and use of the device. These records may be in the form of stored social media and service accounts, email accounts, passwords, PIN codes, patterns, account names, usernames, screen names, remote data storage, or any other evidence that may demonstrate attribution to a particular user or users. Search Warrant Page 5 of 19 STATE OF CALIFORNIA, COUNTY OF ORANGE ATTACHED AND INCORPORATED AUTHORIZED COURT ORDERS Authorization to implement special procedure(s): The Affidavit filed herewith has demonstrated legal justification for the implementation of the following special procedures, which shall be employed by the officers who execute this warrant: Digital Evidence Duplication ORDER IT IS HEREBY ORDERED that a forensic technician, sworn or non-sworn, may examine and make duplicate copies of digital evidence described in this search warrant to determine if evidence of the offenses enumerated are contained therein. Offsite Digital Evidence Search ORDER IT IS HEREBY ORDERED that good cause having been established in the affidavit filed herein, the officers who execute this warrant are authorized to move the digital evidence items and computer-related equipment listed in this warrant and search them at a secure location. California Penal Code Prohibited Violation Attestation In compliance with the requirements outlined in California Penal Code § 1524.2(c) & § 1546.5(a) your Affiant attests that the evidence sought in this search warr ant is not related to an investigation into, or enforcement of, a prohibited violation, as defined in California Penal Code § 629.51. Extension Date of Return to Search Warrant IT IS HEREBY ORDERED, the Affiant or representative of the Santa Ana Police Department need not return this warrant and produce the records within the required days of service to this court for good cause demonstrated in the affidavit. Instead, the warrant and records shall be produced promptly upon receipt. If the requested records are not provided to your affiant within 90 days of the execution of this search warrant, said Affiant shall return a notice informing the court of the non-production of records or petition the Court for an extension on or before 08/18/2023. Non-Disclosure ORDER The affidavit herein has established sufficient reason to believe that immediate compliance with the notice requirements set forth in Penal Code § 1546.2(a) would result in destruction of or tampering with evidence. IT IS HEREBY ORDERED that pursuant to Penal Code § 1546.2(b)(1), the Service Provider(s) listed in the Attachment(s) shall not notify the listed Target Account(s) of the existence of this search warrant until the passage of 90 days from the date the warrant was executed. Target Notification Delay ORDER IT IS HEREBY ORDERED that, pursuant to the delayed notice provisions of Penal Code § 1546.2(b)(1), notification to the target/party shall be delayed for a period of 90 days. Upon expiration of the period of delay of the notification, the Santa Ana Police Department shall provide a document that includes a copy of all electronic information obtained or a summary of that information and a statement of the grounds for the court’s determination to grant a notification delay to the target. Sharing ORDER As required by California Penal Code § 1546.1(d); any information obtained through the execution of this warrant that is unrelated to the objective of the warrant shall be sealed and shall not be subject further review, use, or disclosure absent an order from the Court. Based on my training and experience, I know gang members often commit violations of the Penal and Health and Safety Codes including murder, assault with a deadly weapon, robbery, and/or possession of weapons and I fully expect to find evidence of those crimes while reviewing the results of this Search Warrant, should it be granted. Search Warrant Page 6 of 19 Therefore, I request authorization to share relevant information with other law enforcement officers and agencies, should it be located, without further order of the Court. IT IS ORDERED, as required by California Penal Code § 1546.1(d)(3); the service provider shall verify the authenticity of any information obtained through the execution of this warrant by affidavit that complies with California Evidence Code § 1561. Search Warrant Page 7 of 19 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 requested information and services for the Target Telephone is now in the described locations. AFFIANT’S TRAINING AND EXPERIENCE I, George Bodnar, am a Police Officer within the meaning of Penal Code 830.1. I am a Police Officer with the Santa Ana Police Department (herein after referred to as “SAPD”), and have been a Police Officer for approximately 8 years and 11 months. In June 2014, I graduated from the Orange County Sheriff’s Academy, which is a P.O.S.T. certified basic police academy. From 2014-2017, I was assigned to the Field Operations Bureau, Patrol. While assigned to patrol, my primary duties were to respond to emergency and non-emergency calls for service. I participated in over 200 criminal investigations involving assault with a deadly weapon, illegal firearm possession, narcotics offenses, and gang - related criminal activity. From April 2017 – December 2018, I was assigned to the Field Operations Bureau, Directed Patrol. My primary duty was to directly respond to community generated complaints that occurred within the city without handling normal calls for service. Community generated complaints many times included gang related narcotic sales, assault with a deadly weapon investigations, robberies, illegal gambling, and vandalism. As part of my duties, I contacted several gang members. I also participated in the service of several gang -related search warrants and arrest warrants. From December 2018 – March 2023, I was assigned to the Investigations Bureau, Gang Suppression Unit. My primary duty was to proactively suppress gang related violent crime including homicides, assaults with a deadly weapons, robberies, assaults, theft of vehicles, narcotic sales, and vandalisms. While assigned to the Gang Suppression Unit, I assisted SAPD detectives investigate over 100 gang related crimes including assaults with a deadly weapons, robberies, attempted murders, and murder investigations. I am currently assigned as a Detective in the Homicide - Crimes Against Persons section. My primary duty is to investigate assaults with deadly weapons, attempt homicides and homicides. I have been involved in over three hundred (300) investigations for violent crimes related to gang activity, which include illegal possession of firearms, narcotics sales, assaults with deadly weapons, robberies and attempted murders and murders. I have made over two hundred (200) gang related arrests, which include arrests for illegal possession of firearms, graffiti, narcotics sales, assaults and robberies. I have contacted over four hundred (400) gang members and have had in -depth interviews and conversations with gang members in custodial and non-custodial settings to gain knowledge about the gang sub-culture. During conversations with these gang members, they have talked to me about their criminal activity, gang activity, gang philosophy, and methods of committing crimes and concealing them from law enforcement. I also learned about identifying and establishing street gang boundaries by the presence of gang graffiti and statements from admitted gang members; along with identifying criminal street gang members and their rivals by self-admissions, gang tattoos, and gang clothing. I have interviewed witnesses and suspects, and compiled the necessary information to obtain arrest warrants and search warrants. While conducting criminal investigations, I have had the opportunity to listen to suspects divulge Search Warrant Page 8 of 19 their methods and modes of operation as it relates to the means by which criminal offenses are perpetrated and concealed from law enforcement. I have authored over 20 gang related, firearm related and narcotics related search warrants. I have also assisted in the service of numerous gang and narcotics related search warrants. I have testified as both a certified gang expert and a certified narcotics expert. I have also received over 80 hours of advanced officer training including training in gang investigations, the use of informants and electronic surveillance. I have also worked with and for investigators who have extensive knowledge in these areas and as a result, have gained knowledge and experience from their training This affidavit is intended to show only that there is sufficient probable cause for the requested warrant and does not set forth all of my knowledge about this matter. SUMMARY OF INVESTIGATION Santa Ana Police Officers C. Cofer #3626 and R. Santaella #3717 conducted a traffic stop of a vehicle, in the area of Rosewood Avenue and Bishop Street. During the traffic stop, an officer involved shooting occurred. The suspect involved in the shooting, later identified as Marvin Melgarejo ran away from officers after discarding a firearm, northbound on Rosewood Avenue from Bishop Street. While fleeing from officers, Melgarejo ran in front of the suspect vehicle, Chevrolet Suburban ( ). The vehicle stopped, at which point, two suspects exited the vehicle. Each suspect brandished a firearm and began firing at Melgarejo while he continued to flee the area. Melgarejo was found in the immediate area of the second shooting with multiple gunshot wounds. It was later determined at least one of the gunshot wounds occurred from the second shooting incident, involving the suspects in the vehicle. The second shooting incident was captured on surveillance cameras and based on the footage, the suspect vehicle was identified as a vehicle belonging to Dante Castro. Castro is a self -admitted and documented member of the criminal street gang, Delhi. Castro was detained and interviewed on a later date. Under Miranda, Castro admitted to being the driver of the suspect vehicle at the time of the shooting and identified Daniel Quirino and Victor Longoria as the passengers and shooters. Quirino and Longoria are documented members of the criminal street gang, Calle Flores. The victim, Melgarejo is a documented member of the criminal street gang, Bishop Street. Calle Flores and Bishop Street are rival gangs. Victor Longoria was detained by SAPD gang detectives. During a probation check at his residence, numerous rounds of ammunition of various calibers were found. Longoria was arrested reference the shooting and felon in possession of ammunition. Longoria’s cellphone was booked into evidence. PROBABLE CAUSE Santa Ana Police Department Case Number 2023-07973 On Friday, April 7th, 2023, Santa Ana Police Department (SAPD) Detective T. Bell #3656 and Detective J. McKee #3467 responded to the area of Rosewood Avenue and Bishop Avenue, within the City of Santa Ana, CA. reference an officer involved shooting, which had just occurred. Officers involved in the shooting, broadcasted via their radio, the suspect was last seen running north from their location. As the detectives were conducting a patrol check in the area for the suspect, they observed a male subject later identified as the victim, Marvin Melgarejo, lying on his stomach along the east sidewalk, in front of 437 S. Shelton Street. It should be noted, Melgarejo is a documented member of the criminal street gang, Bishop Street with a moniker of “Saint.” Search Warrant Page 9 of 19 Melgarejo was found with multiple gunshot wounds to both legs and left arm. Detective Bell and his partners rendered medical aid to Melgarejo. Eventually, Melgarejo was able to be transported to Orange County Global Hospital where he continued to receive treatment and was declared in stable condition. While being treated at the hospital, hospital staff located a slug round of ammunition, which did not appear to have a hollow point tip. It should be noted, officers are issued hollow point ammunition, thus it is believed at least one of the rounds, which struck Melgarejo was from this incident. Officers began to canvass the area, where Melgarejo was found and taken into custody. During that canvass, SAPD patrol officers located surveillance footage of this attempted murder incident. Detective Bell reviewed the footage, which showed Melgarejo running in a southeast direction on Shelton Street from W. Myrtle Street. As Melgarejo continues to run, a two-tone (black over tan) Chevrolet SUV with distinct collision damage to the front passenger panel drives southbound into the footage frame. The vehicle slowly comes to a stop, while Melgarejo is still running southbound along the east curb line. Once the Chevrolet SUV comes to a stop, two male suspects are seen exiting the suspect vehicle from the front and rear passenger seats. Suspect #1 who is not seen on the surveillance footage is the driver, operating the vehicle. Suspect #2, who is seen exiting from the front passenger seat is described as a Male, Hispanic wearing a navy short sleeve shirt, dark colored hat, plaid shorts armed with a black handgun. Suspect #3, who is seen exiting from the rear passenger seat (behind front passenger) is described as a Mal e, Hispanic wearing a grey short sleeve shirt, dark colored hat, dark colored shorts armed with a black handgun. Suspect #2 and Suspect #3 both extend their arms and appear to fire their handguns at Melgarejo, who is now out of the frame. Both suspects then re-enter the vehicle and flee southbound in the suspect vehicle. (Suspect #2 and Suspect #3 exiting the suspect vehicle, each armed with a handgun) (Distinct damage to the front passenger panel) Search Warrant Page 10 of 19 It should be noted, Det. Bell identified the suspect vehicle seen in the surveillance footage as the same vehicle belonging to Dante Castro based on his prior contacts with Castro. (Dante Castro’s 1996 Chevrolet Suburban-4ZMU186 (Photo taken 04/08/2023) ) Castro has claimed ownership of the Chevrolet Suburban ( ) and has even claimed to have lived in the vehicle at times. A records check of the vehicle license plate showed, a release of liability to Dante Castro. It should be noted, Dante Castro is a documented gang member of the criminal street g ang, DELHI, which is located within the City of Santa Ana, CA. Castro is currently on gang terms supervised release (Probation) for a previous firearm violation. Castro has multiple contacts with other Delhi gang members and with members of the Calle Flores street gang, which is one of the closer allies to Delhi. At the scene of the shooting, officers canvassed the area and located (6) Six- 9mm Luger Cartridge cases and (6) Six-Winchester 45 Auto Cartridge cases. The cartridge cases were located in the are a, where the suspects were seen firing their weapons on the surveillance footage. In my training and experience, gang members often commit crimes in the company of other trusted gang members. On April 11th, 2023, Detective Raya authored a Ramey Warrant identifying Dante Castro as a suspect in this attempted homicide investigation. On the same date, the Honorable Judge M. Murray, Judge of the Superior Court-Central signed the warrant. On May 3rd, 2023, Detective Raya was contacted by Castro’s assigned Probation Officer Elias Guzman. Guzman advised Detective Raya, Castro had reported to the Orange County Probation Office as a term of his supervised release. Detectives Raya and R. Sandoval responded to the Orange County Probation Office and interviewed Castro. During the interview, Castro was asked about this attempted homicide investigation. Castro initially lied and attempted to distance himself from his Chevrolet Suburban. However, when he was shown a photograph of his Chevrolet Suburban, which was taken a day after the shooting prior to it being seized by Santa Ana patrol officers, Castro identified it as his vehicle. Castro even identified the distinct damage on the front passenger panel, along with a bullet hole near the moderate damage. Castro was then shown a photograph still from surveillance footage, which showed him walking away from where his vehicle was later found by officers. Castro identified himself in the surveillance still. After initially attempting to state he wanted to be identified as a anonymous witness, Detective Raya confirmed with Castro that they were merely seeking the truth and could not provide any promises or favors for any testimony. Castro was then shown a surveillance still of Castro’s vehicle at the scene of the shooting, with the two armed suspects exiting the vehicle. Search Warrant Page 11 of 19 Finally, Castro confessed that approximately an hour prior to the shooting he driving around with Daniel Quirino, in the vehicle. Quirino is in a dating relationship with Castro’s sister Aaliyah and has previou sly lived in the Castro residence. It should be noted, I know Daniel Quirino to be a documented member of the Calle Flores criminal street gang with the moniker of “Menace.” Quirino is on supervised release with search and seizure terms. When speaking about the shooting, Castro was able to describe passing a 7-Eleven convenience store and driving onto Pine Street. He described a house on Pine Street near a corner residence, which he described as “where all the low riders park all the time.” Castro later identified the residence as the Longoria residence. It should be noted, I know Victor Longoria to reside at 1011 W. Pine Street, which is one residence west of Booth Street, near the corner. I have conducted numerous patrol checks in the area and have observed several “lowrider” style vehicles parked in the driveway or in the street during these checks. (1011 W. Pine Street-Longoria Residence) I also know Victor Longoria to be a documented member of the Calle Flores, criminal street gang with the moniker of “Miklo.” Longoria is on supervised release with search and seizure terms. Castro confirmed that there were multiple subjects infront of the residence but identified Victor Longoria Jr. as the subject who jumped in the rear seat of his Chevrolet Suburban. Castro was then advised that something had recently occurred in the area and a subject was running in the street. He was told to go to the area. Castro mentioned the officer involved shooting but could not clarify what had occurred stating they were initially saying there was a “shootout.” Castro stated he believed they were going to attempt to pick up the unidentified subject. Castro described making a left (southbound) turn onto Shelton Street towards the shooting scene. It should be noted, Longoria lives .2 miles away from the shooting scene, where the victim was later found. Castro stated as they were traveling southbound on Shelton Street, he observed the victim, who he later recognized as “Martin” wearing a hat with a “B’ on the front running southbound on Shelton along the east side. He stated he knew the victim from the neighborhood, where they grew up. Castro stated Calle Flores does not get along with both criminal street gangs, Bishop Street and Brook Street. Both gangs have been known to wear sports memoribilia from the Boston RedSox. Castro hinted that the victim was shot because of the “B” seen on the front of his hat. Castro stated Longoria and Quirino exited the Cheverolet Suburban, yelled “Flores” before firing at the victim. Castro stated after both Quirino and Longoria yelled out, “Flores” is when the victim turned around and he recognized him as a friend. Castro agreed that them yelling, “Flores” was them representing their “hood” of Calle Flores. After the shooting, Quirino and Longoria told Castro to flee the scene, at which point they observed numerous police units responding to the initial officer involved shooting. He stated he returned to Longoria’s residence and told them to exit his vehicle. Search Warrant Page 13 of 19 Detective Liggett found two pairs of black Dickies pants and two white t-shirts hanging in Victor's closet. Detective J. Kien found (1) round of .32 caliber ammunition and the vehicle title to the 2002 Chevrolet CA#4YCG630 in Victor's name in Victor's bedroom. Detective Liggett retained the above mentioned items and later packaged them and placed them into evidence. Deputy Probation Officer E. Guzman was present during the probation compliance check, and he ultimately authorized a revocation of Longoria's probation status. Detective Raya and Sandoval interviewed Longoria at the Santa Ana Police Department. During the interview, Longoria denied being involved in the shooting and denied being in the area. Longoria provided his cellphone number as 714-822-9372. Longoria was ultimately booked into the Santa Ana jail for PC 664-187 – Attempted Murder and PC 30305 – Felon in Posession of Ammunition. A records check on phone number 714-822-9372, confirmed the phone number is registered to Victor Longoria at 1011 W. Pine Street, Santa Ana, Ca. The records check showed the service provider as Verizon Wireless. Based on my training and experience, I know criminals use various digital devices, primarily mobile phones, to communicate with other suspects when they are planning, executing, and fleeing from crimes. I believe digital evidence found within the above-listed cellphone will assist in this investigation by identifying suspects, co- conspirators, and other crimes detectives may not be aware of. Based on my experience and observations, I know that modern cellular communication devices have become an indispensable part of daily life. They permit the user of a device to make and receive phone calls, text messages, and emails; take, send and receive videos and photographs; engage in video chats or video conferencing; read and publish material on social media accounts; read and watch news stories, make and read calendar entries to organize their schedules; browse the World Wide Web and conduct Internet searches; and utilize mapping applications to check traffic conditions and obtain turn-by-turn directions to a location. Furthermore, all of this is available in the form of a cellular telephone that fits into the user’s pocket. For thes e reasons, most people carry their cellular telephone with them at all times, effectively making the tracking of the location of the cellular telephone equivalent to tracking the location of the user of the device. Based on my training and experience, I know that cellular telephones are often in possession of and utilized by individuals that are suspects and/or victims in crimes. I know that individuals often use cellular phones to photograph/video and/or communicate about crimes (including shootings, robberies and assaults) and weapons; as well as communicate with people involved in those crimes and the destruction and/or discarding of evidence related to said criminal activity. I also know gang members to avoid travels through/into established and known rival gang territory at all costs, due primarily to fear of assault if identified; with few exceptions to include the commission of crimes such as assaults upon perceived/identified rival gang members and vandalisms such as graffiti. Any evidence of gang membership or affiliation with the above gangs, and/or any street gang, is important as it may suggest motive for the commission of the crimes, as in this case, and it may provide evidence which tends to identify other persons who may have knowledge of or be involved in the commission of the crime in the instant case, or it may tend to corroborate information given by witnesses involved in the case. Based on my training and experience in regard to criminal street gang members, inclusive of those aligning themselves with the Calle Flores gang, as well as their habits, customs and patterns of criminal activity, I know them to establish relationships of trust with individuals both within their respective gang and not. These relationships, furthermore, are often developed over extended periods of time inclusive of several months. Once said relationships are cemented, I know gang members to freely confide in those they trust in regard to their participation in criminal activity, as well as the planning of such, prior to and after the commission of crimes. I also Search Warrant Page 14 of 19 know gang members to adopt patterns of criminal activity and engage in such on a continual basis with repeated regularity. I have a general understanding of how the cellular telephone network operates. I am aware that cell sites (towers) are strategically placed by cellular service providers, to provide a seamless operation so people can travel virtually anywhere and make or receive an uninterrupted call, send or receive text messages, or initiate a data session via their cellular phone. Usually, cell sites will be mounted high on a large pole, building, or other structure which provides line of sight with the population below. Cell sites are typically divided into sectors, which are made up of antennas connected to cellular radio transceivers. Each sector is mounted on the cell site and faces a specific direction to provide maximum cellular coverage for the people in the area. The range of the cell site and sectors depends on many factors to include environmental and geographic factors and whether it is located in a highly populated, urban environment or desolate rural area. Cell site location information (CSLI) does not provide an exact location of a cell phone; the basic call detail record data only provides the physical location of the cell site (latitude and longitude) and a direction (azimuth) the antennas are facing from the cell site. I am aware when a person either initiates or receives a voice call, text message, or a data session (usage even t) from their cellular device, the device broadcasts signals to the cell site that routes its communications. These signals include a cellular device’s unique identifiers as well as details about the usage event. I am also aware cellular service providers collect and store these usage event details (transaction records) associated with cellular phone numbers during the normal course of business. The usage event records, commonly referred to as call detail records, stored by their respective cell phone company, mostly contain the following information with some exceptions based on the specific carrier: Date, time, type of event, duration, phone number initiating the usage event (called, calling), even if caller identification is blocked by the calling party, text message transaction data, the international mobile equipment identifier (IMEI), the international mobile subscriber identifier (IMSI), IP packet data session logs, and cell site location and sector information at the beginning and ending of each usage event. I am aware cellular service providers maintain specialized location records consisting of engineering data. These data sets are used by the providers to troubleshoot coverage areas and report back on potential dead spots, all with the intent to oversee and optimize the cellular network. Specialized location records typically contain data for every usage event, to include technology details (e.g. voice, text, data), resource usage, and call failure information. They can also include data for incomplete calls (e.g. denied calls and set-up failures). These records not only include the basic call detail records, but also an estimation of the target phones location (Latitude and longitude) with a possible accuracy radius, and/or the distance from the cell site at the time of the usage event. Utilizing specialized location records can provide investigators with a much smaller footprint of a target phones location and could place a target phone within close proximity of a crime scene before, during and after a crime. Each carrier uses their own nomenclature to describe the technology used to obtain this data including: NELOS (Network Event Location System) – AT&T-Mobile, RTT (Round Trip Time/Return Trip Time/Real Time Tool) - Verizon & U.S. Cellular, PCMD (Per Call Measurement Data) – Sprint & U.S. Cellular, and TDOA (Time Difference of Arrival) or Timing Advance Information – T-Mobile & Metro by T-Mobile. I believe this information is relevant and material to the investigation as it provides supplemental geo-location information which, while not precise enough to identify a specific house, is accurate enough to provide block -level accuracy, in some cases. Investigators can use this information to correlate existing fact patterns and timelines to confirm or refute prior statements and/or evidence regarding the location of the target device. When any person makes or receives a phone call on their cellular phone, the following information for each call is stored by their respective phone company for at least one year: date, time, duration, phone number dialed or received numbers (even if caller identification is blocked by the calling party), text message transaction data, IP packet data session logs, and cellular tower location/sector at the beginning and ending of the call/data session. This is very basic information and does not provide an exact location of the person nor does it identify the other party. Cellular towers are strategically placed throughout the world by phone companies in an attempt to provide a seamless operation so people can travel virtually anywhere and make or receive a call. A typical cellular phone tower will be mounted up high on a large pole, building, or other structure which provides an unobstructed view of the population below. Cellular towers are divided into either three or six sectors, depending on the cellular provider. Each individual sector is mounted on the tower and faces a specific direction to provide maximum cellular coverage for the people in the area. The range of the tower depends on environmental factors and whether it is located in a highly Search Warrant Page 15 of 19 populated urban environment or desolate rural area. Cellular towers do not provide an exact location of the suspect; they can only provide the physical location of the tower itself and a direction from the tower which can cover an area anywhere from 0-20 miles. I am aware cellular service providers maintain a master cell site list of all cell sites within their network. These cell site lists will include the specific switch, cell site number, name, physical address, latitude and longitude of the cell site, all sectors associated with each cell site, azimuth, and beam-width of each related sector. When reviewing call detail and specialized location records from the carriers, the records may only reference a specific switch, cell and sector, or LAC and CID/eNodeB ID, related to each usage event; they usually will not include the location (latitude and longitude) of the actual cell site and azimuth of the sector. It becomes necessary to reference a cell site list in order to plot the exact location of the cell site and to identify the azimuth of the sector used associated with specific usage events. Also, in the course of the investigation and review of the call detail and specialized location records, it may become necessary to visualize all cell sites within a geographic region of interest, not just the cell sites used by the target phone. It is just as important to show cell sites not used by a target phone, as it is to show cell sites used. By obtaining the master cell site lists from the cellular service providers, investigators are able to plot all of the cell sites in a given region, helping investigators with disproving of alibis, statements, and other observations evidenced by the records. Based on the above information as well as my training and experience, it is my opinion that call detail records and cell tower data for telephone number 714-822-9372 will corroborate relevant information to this investigation. Furthermore, it is my opinion that all the telephone company records, including all available subscriber information, including customer service records, customer identification, and all services provided (i.e., call forwarding, call waiting, speed dialing), and any related services for the telephone number 714-822-9372 for the billing rounds which include the period of 9/1/2022 PST – 5/16/2023 PST would further this investigation and tend to identify a particular person(s) committed a public offense. Subscriber information for the Target Telephone Number(s) and phone(s) contacted by the Target Telephone Number during the period of time authorized by the Search Warrant will provide me with the cellular device’s registered owner’s name, address, device serial number, and activation/deactivation date. This basic information will aid in confirming the subscriber of the Target Telephone Number as well as what type of cellular device is associated with the account (i.e. serial number and other network related numbers). Call detail records with cellular site information will tend to basic cellular tower location information, which can range up to 20 miles, depending on the environment. This information will aid with identifying the whereabouts and identity, of the suspect(s) prior to the shooting, at the time of the shooting and where the suspect(s) travelled to after the shooting. Based on the aforementioned information and my training and experience, I believe probable cause exists to examine the account associated with the Target Telephone Number(s) for subscriber information and call detail records with cellular site information. Based on my training and experience, I believe utilizing this information, in conjunction with traditional investigative techniques, may greatly assist in this investigation. Based on my training and experience, I have probable cause to believe that evidence of criminal involvement related to an attempted murder and illegal possession of ammunition may be found on Victor Longoria’s cellphone, which is at the Santa Ana Police Department booked under evidence package #2023-11148.001 under SAPD case number 2023-11148. I am requesting a copy of Longoria’s cellphone download to search it for the following information: Audio Files, Communication Information, Device and Usage Information, Images and Videos, and Internet History, Location Data, System Information and Configuration, User Attribution. Audio Files: Stored audio files, in whatever format they may be found on the device, that upon review are determined to contain evidence related to this investigation as specified in this Attachment. These audio files may consist of, but not be limited to, voice memos, stored voicemails, detached audio from damaged video files, or any music file deemed relevant. Stored audio files, in whatever format they may be found on the device, that upon review are determined to contain evidence related to this investigation as specified in this Attachment. These audio files may consist of, but not be limited to, voice memos, stored voicemails, detached audio from damaged video files, or any music file deemed relevant. Search Warrant Page 16 of 19 Based on my training and experience, I know that cellphones store recorded audio messages that may reveal criminal activity that could assist detectives in their investigations. It is common for mobile phones to contain audio files such as voice memos and voicemails. Because these audio files may contain details of the crimes this warrant seeks to investigate, you Affiant requests that a search of the cellphone(s) described in the search warrant also include any stored audio. Communication Information: Locally stored call logs, emails, contact list(s), text messages to include Short Message Service (SMS), Multimedia Message Systems (MMS), and stored ch at records from apps capable to sending textual, audio, or video messages to other users. Locally stored call logs, emails, text messages to include Short Message Service (SMS), Multimedia Message Systems (MMS), and stored chat records from apps capable to sending textual, audio, or video messages to other users. Based on my training and experience, I know that the information contained in Stored Communication Records can assist detectives in identifying criminal activity by revealing communication between gang members and other persons who are involved in criminal activities. I am aware that gang members maintain contact lists of, or single references to, addresses or telephone numbers of persons who may later be determined to belong to or be affiliated with any street gang/s, and frequently maintain the current phone numbers or addresses of fellow gang members with whom they associate. It is my experience, furthermore, that gang members confer with one another by cellular telephone in order to coordinate their ongoing criminal activities; notify one another of crimes committed by/against rival gang members; advise fellow gang members of weapons possessed by, and available to, members of the gang; discuss ongoing rivalries/alliances and relay information as related to the criminal street gang subculture on an ongoing basis to include periods known to exceed several weeks/months in duration. Device and Usage Information: Data related to the mobile device such as system and storage configurations, date and time and time zone data, ownership and registration information, address books, notes, memos, file metadata, internet history, program files, installed apps, and any other stored files. Data related to the mobile device such as system and storage configurations, date and time and time zone data, ownership and registration information, address books, notes, memos, file metadata, internet history, program files, installed apps, and any other stored files. Based on my training and experience, I know that Device and Usage Information can assist detectives with determining how a device was used by the operator of the device during a specific date and time range. For example, when a suspect puts a device into airplane mode to conceal its location during a crime. Images and Videos: Stored image, video, or other stored graphical files within the described mobile device(s) to include associated metadata such as associated dates and times, camera information, embedded geolocation data, and physical properties of the f iles. Stored image, video, or other stored graphical files within the described mobile device(s) to include associated metadata such as associated dates and times, camera information, embedded geolocation data, and physical properties of the files. Based on my training and experience, I know that gang members keep photographic images and videos saved in their cellphone which depict: (1) fellow gang members who are posing and giving gang hand signs which indicate gang identity or affiliation; (2) gang members or associates posing with weapons, particularly firearms, which are often used for criminal activities; (3) gang members or associates posing beside vehicles which are occasionally used during the commission of crimes; and (4) gang members or associate s posing at locations which are known to be specific gang hangouts. I also know the stored images and videos contained in a cellphone can assist detectives in determining who has been using the device, co-conspirators, and locations. The metadata attached to the images and videos may also assist with determining the locations the images and videos were created. Internet History: Records and data related to the user's internet activity and history. These records shall include the associated app data, logs, IP addresses, cookies, bookmarks, web history and search terms, and stored files associated with the user's actions. Records and data related to the user's internet activity and history. These records shall include the associated app data, logs, IP addresses, cookies, bookmarks, web history and search terms, and stored files associated with the user's actions. Search Warrant Page 17 of 19 Based on my training and experience, I know that Internet Access Records can reveal if a suspect has used the internet to acquire information that could assist them with criminal activity. I also know that gang members utilize their cellular telephones in order to conduct internet searches to obtain information related to news articles, which describe crimes committed by or against their gang. Location Data: Stored data that would tend to show the location of the device or user including, but not limited to, stored GPS records that contain Latitude & Longitude coordinates including azimuth, any stored cellular tower connection data such as logs of previously connected cell towers, Wi-Fi Access Point SSIDs, and embedded location metadata in photos and videos. Stored data that would tend to show the location of the device or user including, but not limited to, stored GPS records, which contain Latitude & Longitude coordinates including azimuth, any stored cellular tower connection data such as logs of previously connected cell towers, Wi-Fi Access Point SSIDs, and embedded location metadata in photos and videos. Based on my training and experience, I know that Specialized Location Records can assist Detectives with their investigations by providing detailed records of a device's location during a specific date and time range. System Information and Configuration: Files and data related to system configurations, storage configurations, device identification and settings data, file system format, serial number, volume name their associated dates and times. Files and data related to system configurations, storage configurations, device identification and settings data, file system format, serial number, volume name their associated dates and times. Due to my training and experience, I know that Device Information can assist detectives with determining how a device was used by the operator of the device during a specific date and time range. For example, a suspect puts a device into airplane mode to conceal its location during a crime. User Attribution: Files and data consistent with attribution evidence of a person's use of the mobile phone that may help to identify the user or verify the user's access to and use of the device. These records may be in the form of stored social media and service accounts, email accounts, passwords, PIN codes, patterns, account names, usernames, screen names, remote data storage, or any other evidence that may demonstrate attribution to a particular user or users. Files and data consistent with attribution evidence of a person's use of the mobile phone that may help to identify the user or verify the user's access to and use of the device. These records may be in the form of stored social media and service accounts, email accounts, passwords, PIN codes, patterns, account names, usernames, screen names, remote data storage, or any other evidence that may demonstrate attribution to a particular user or users. Due to my training and experience, Subscriber Information will reveal what personal information was used on the account(s) associated to the cellphone. Based upon your Affiant's training, experience and conversations that your Affiant had with other Law Enforcement Officers and forensic experts, your Affiant knows that it is common for mobile phones to contain communication information such as call logs, text messages, emails, or instant messages, photos and videos. As mobile phones are increasingly becoming the primary source of people communication, your Affiant believes it is more than likely this data will be located on the mobile phone(s) described in this search warrant. Your Affiant requests the search of the mobile devices described in this search warrant for evidence of Illegal ammunition possession, assault with a deadly weapon and gang affiliation. Your Affiant knows that mobile devices like cellular phones contain information that can be useful in investigations such as system and storage configurations, date and time and time zone data, ownership and registration information, and address books. These types of files often do not contain direct evidence of criminal activity but are useful in establishing that device tends to be used by, or belongs to, a specific person. Additional files located on the device such as notes, memos, file metadata, internet history, program files, and installed apps can show activity occurring on the device itself. Though these files may not contain direct evidence, they can be used to corroborate a person's statement and may establish exculpatory evidence. Your Affiant knows through training and experience that people commonly store photos and videos on their mobile devices. Photo and video files can provide a wide array of evidence such as images showing the devices Search Warrant Page 18 of 19 owner and affiliates in the same photo, which can prove knowledge of association, screenshots of text conversations, or images of a victim. Your Affiant also knows that in the case of gang related investigations, it is often common to locate photos and videos of gang members involved in criminal activities on the mobile phones. It is for these reasons that your Affiant requests that the forensic examination of the mobile phone(s) specified in this search warrant also include any stored photo and video files. Your Affiant knows that mobile devices such as smart phones often possess the capability to access the internet and often store history records related to online browsing. Your Affiant knows that these records are a valuable investigative tool and often contain Internet Protocol (IP) addresses which are similar to an address on a house. Internet history records often contain a log of the websites visited by a user of the search terms that the user entered into their web browser in order to locate specific websites. Your Affiant knows that location information is extremely useful in criminal investigations. This data, often collected or generated by mobile phones, can be used to either show the phone was at or near a crime scene or could be used to corroborate the phone user's statement that they were uninvolved. Location data from mobile phones is frequently found in stored GPS records which contain Latitude & Longitude coordinates or embedded within the metadata of photos and videos. Based upon your Affiant's training, experience and conversations that your Affiant had with other Law Enforcement Officers and forensic experts, your Affiant requests the search of the item described in this search warrant for files, data, system and storage configurations, date and time, ownership information, address books, call logs, text messages, emails, notes, memos; photo, video and audio files with their associated metadata, internet history, apps, or other stored files, for evidence of an assault with a deadly weapon, illegal firearm possession and gang affiliation. Authority to Duplicate Electronic Media It is further requested that an expert, sworn or non-sworn, be granted authority to examine and make duplicate copies of the above listed computers, cell phones and/or other digital evidence to determine if evidence of the offenses enumerated are contained therein. Therefore, authorization is requested to make images/copies of the requested data. Evidence copies of the items relating to these offenses will be created and retained for further proceedings and made available to the authorities. Your Affiant knows that the forensic examination of digital evidence requires specialized equipment, software, and trained personnel. In the event that the Santa Ana Police Department does not have the resources necessary to conduct the required analysis, your Affiant requests the use of outside experts who will use whatever data analysis techniques appear necessary to locate and retrieve the evidence described on the search warrant or in this affidavit. To facilitate this examination, the evidence described in this affidavit may need to be transferred to the expert for storage. The transfer of evidence shall be conducted according to policy, procedure, and best practices to ensure the chain of custody and all items shall be returned to the Santa Ana Police Department upon completion of the analysis. Request For Warrant Return Extension Order Your Affiant knows though prior experience with digital forensic evidence investigations, conversations with computer forensic examiners or analysts, and previous law enforcement training that the forensic examination of digital devices is a time consuming and highly technical process. These examinations are conducted by specially trained personnel using equipment and software made specifically to extract data in a forensically sound manner and process it into a human readable form. These technicians or analysts may be employed by a different agency and have case loads of their own causing requests to be held in a waiting list. Furthermore, examinations of digital evidence may be hampered by security measures such as passwords or encryption. For these reasons, your Affiant believes that it is unlikely the forensic examination will be conducted promptly to produce the requested records within the time required to return the warrant and records to this Court. Your affiant therefore requests this Court issue an extension of up to 90 days to return the warrant and records. However, your affiant assures the Court that the warrant and records will be returned promptly upon their receipt. In the event that the requested records are not provided to your affiant within 90 days of the execution of this search warrant, your Affiant shall return a notice informing the Court of the failure to produce records and may choose to petition for an extension on or before 08/18/2023. Search Warrant Page 19 of 19 Request for Non-Disclosure and Target Notification Delay It is requested that pursuant to the preclusion of notice provisions of Penal Code §1546.2(b)(1), neither the law enforcement officer(s) who execute this warrant nor Provider be ordered not to notify any person (including the subscriber, customer or owner of the electronic communication or device information to which the materials relate) of the existence of this warrant for 90 days or there is sufficient reason to believe that the threat cited below will not occur. Your Affiant believes that notification by the Service Provider would result in destruction of or tampering with evidence, or lead to flight from prosecution or otherwise seriously jeopardize an investigation or unduly delay a trial. Pursuant to Penal Code 1546.2, the targets of the investigation, and primary possessors of the cell phones, will be notified when reasonable via first class mail to their last known and listed addresses upon the time of arrest. Request for Sharing Order Based on my prior training and experience, I know gang members often commit violations of the Penal and Health and Safety Codes including murder, assault with a deadly weapon, robbery, illegal possession of weapons and narcotics sales and I fully expect to find evidence of those crimes while reviewing the results of this Search Warrant, should it be granted. Therefore, I request authorization to share relevant information with other law enforcement agencies, should it be located, without further order of the Court. Based on my training and experience and the facts and circumstances in this investigation, I am requesting a search of the red Apple iPhone, which Victor Longoria possessed at the time of his arrest, and all memory cards immediately associated / attached with the cellular telephone, such as SIM cards and memory cards. The search will be done by experts who will use data analysis techniques necessary to locate and retrieve the evidence described. I am requesting to seize records related to attempted murder, illegal possession of ammunition and gang affiliation found on Victor Longoria’s cellular telephone between 9/1/2022 PST– 5/16/2023 PST. If no evidence of criminal activity is discovered relating to the seized property, the device will be returned promptly. I have not provided a description of the location to be served because I will personally serve this warrant upon the Santa Ana Police Department. I request that a Search Warrant 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 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 George Bodnar , 18th day of May, 2023 at 10:57 A.M. (Signature of Affiant) Reviewed by : Electronically approved by D.D.A T. Phan , 19th day of, May, 2023 at 09:49 A.M. (Signature of Deputy District Attorney) Deputy District Attorney Tom Phan (Printed Name of Deputy District Attorney)