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HomeMy WebLinkAboutQuirino CDR Warrant- Signed_RedactedSearch Warrant Page 1 of 14 SW NO.______________ SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE Detective Gerardo Raya #3345 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 Gerardo Raya , 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 m e by Detective Gerardo Raya 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 bel ow 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 wit h 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 tha t 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 preventing 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 14 ATTACHMENT “A” YOU ARE THEREFORE COMMANDED TO SEARCH: T-Mobile/Metro PCS, USA Law Enforcement Relations Group 4 Sylvan Way Parsippany, NJ 07054 Attn: Custodian of Records 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 14 ATTACHMENT “B” FOR THE FOLLOWING PROPERTY and/or THINGS: All records associated with the following TARGET TELEPHONE NUMBER: 714-727-7369 (T-Mobile/Metro PCS 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 - o TruCall/TDOA From 04/04/2023-04/08/2023 Search Warrant Page 4 of 14 STATE OF CALIFORNIA, COUNTY OF ORANGE ATTACHED AND INCORPORATED AUTHORIZED COURT ORDERS 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 08/30/2023. 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. 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 5 of 14 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, Detective Gerardo Raya, being first duly sworn, herby depose and state as follows: I am a Detective with the Santa Ana Police Department. I have been a sworn po lice officer for approximately 9 years, with the Santa Ana Police Department. I graduated class #211 from the Orange County Sheriff’s Academy which is a P.O.S.T. certified police academy. I have been previously employed as a Custodial Assistant for the Los Angeles County Sheriff’s Department from December 2008 until January 2014. I have earned my Bachelors of Arts Degree in Criminology from California Coast University. During my tenure as a police officer, I have investigated and assisted with numerous crimes related to narcotics usage, possession and sales. I handled and investigated community complaints regarding narcotics related activity. I personally had conversations with numerous self -admitted narcotics users regarding their methods and means of use regarding their narcotics. I have see n and manipulated a variety of narcotics in many different forms of its material state. I have interviewed both drug users and dealers in regards to the use, packaging, transportation, distribution, and sales of narcotics. I have previously been assigned to the Santa Ana Police Department’s Gang Unit. My duties in the gang unit ranged from investigating gang related crimes including but not limited to possession of firearms, the sale of narcotics, robberies and other thefts all for the benefit of the resp ective gang. I have spoken to an excess of 200 gang members both in custodial and non -custodial settings regarding gang lifestyle, including narcotics, weapons and the gang subculture. I am currently assigned as a detective in the Santa Ana Police Depar tments Homicide Unit. My primary duties in the homicide unit are to investigate gang related assaults within the City of Santa Ana, CA. I also assist in the investigation of all homicides throughout the city of Santa Ana, CA. I have previously authored multiple gang 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 participated in numerous narcotics surveillance operations and have observed first hand methods that drug purchasers and dealers use. I have attended over 200 hours of advanced officer training in a variety of areas. These courses include but are not limited to training in interview and interrogation, narcotics investigations, gang Search Warrant Page 6 of 14 investigations, electronic surveillance, search warrants, confidential informants, and criminal street gangs. Additionally, I have participated in all aspects of investigations includ ing, physical surveillance, use of confidential informants, use of GPS tracking equipment on vehicles, and cellular telephone GPS tracking. I have been the affiant and authored numerous search warrants related to narcotics sales, firearms possession, request of DNA buccal swab, and other related felonious crimes. I am a P.O.S.T certified instructor for a variety of gang related training topics including; Gang Investigations, Post Arrest, Suppression Tactics, Interview and Interrogation as well as Socia l Media. Search Warrant Page 7 of 14 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. 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.” 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 Search Warrant Page 8 of 14 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 Male, 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) 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- (Photo taken 04/08/2023) ) Search Warrant Page 9 of 14 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 gang, DELHI, which is located within the City of Santa Ana, CA. Castro is currently on g ang 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 area, 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, I, 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, I, Detective Raya was contacted by Castro’s assigned Probation Officer Elias Guzman. Guzman advised me, Castro had reported to the Orange County Probation Office as a term of his supervised release. R. Sandoval and I 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, I confirmed with Castro that we 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. 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 previously 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. Search Warrant Page 10 of 14 (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. I described the clothing and pointed out each individual photographed while exiting the vehicl. Castro idenitifed the front passenger as Quirino and the rear passenger as Longoria. He also admitted both members are members of the criminal street gang, Calle Flores. Castro was shown an aerial photograph of the shooting scene and he positiviely identified where his vehicle was at the time of the shooting, along where the vicitm was last seen falling to the ground as he was shot. Follow-up On 08/13/22 Longoria, Quirino and Castro were contacted within Calle Flores gang territory near a graffiti plaque that read “CF”. On 11/16/21 Longoria, Quirino and Castro were contacted within Calle Flores gang territory, where it was discovered that Castro was illegally in possession of a firearm. During that investigation, Quirino admitted there was an alliance between the criminal street gangs Delhi and Calle Flores, due to h im having grown up and attended school with Delhi gang members. Search Warrant Page 11 of 14 Quirino was also identified as a suspect in a previous gang related shooting on 09/24/2022, where there were atleast two suspects involved. That shooting is still under investigation, however that shooting shares similar facts to this shooting. Such as the suspects used their own vehicle, multiple suspects were involved including a designated driver and shooter, along the with the shooting suspect being described as a light skinned male hispanic, in his 20’s, with a goatee and wearing a black hat on backyards. That physical description matches Longoria including age, goatee and skin color along with him being identified as the suspect wearing the hat backwards in this shooting also. On May 10, 2023, I, Detective Raya authored a Ramey Warrant identifying Victor Longoria as a suspect in this attempted homicide investigation. On the following day, 05/11/2023, the Honorable Judge S. McGreevy, Judge of the Superior Court-Central signed the warrant. On May 10, 2023, I, Detective Raya authored a Ramey Warrant identifying Daniel Quirino as a suspect in this attempted homicide investigation. On the following day, 05/11/2023, the Honorable Judge S. McGreevy, Judge of the Superior Court-Central signed the warrant. Santa Ana Police Department Case Number 2023-11148 On May 16, 2023, at about 1715 hours, Santa Ana Police Department Gang Detective T. Liggett and additional SAPD gang detectives detained Victor Longoria during a traffic stop. A probation compliance check was then conducted at Longoria's residence located at , Santa Ana, Ca. During the probation check, Detective M. Griffith found the following rounds of ammunition and magazines in the living room of the residence: (32) rounds of shotgun ammunition, (5) rounds of .22 caliber ammunition, (3) rounds of 9mm ammunition, (5) rounds of .380 caliber ammunition, (1) "GFL" unknown caliber round of ammunition, an empty box of Winchester 20 gauge ammunition, a box of (18) Barnes TAL-XPD 9mm ammunition, (2) boxes of (20) .223 Remington Wolf ammunition, a black pistol grip, (3) 7.62 Empty magazines, an AR-15 style magazine loaded with (26) rounds of .223 caliber ammunition. I, 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 was ultimately booked into the Santa Ana jail for PC 664-187 – Attempted Murder and PC 30305 – Felon in Posession of Ammunition. On May 18th 2023, Detective G. Bodnar authored a search warrant for Longoria’s cellphone and call detail records. On May 19th, 2023, the Honorable Judge E. Rowe signed the warrant. On May 24th 2023, I received the data extraction of Longoria’s phone. Quirino Phone Information It should be noted, on May 16th, 2023 Gang Suppression Detectives attempted to arrest Daniel Quirino at his residence, later found to be a recovery residence in the City of Fullerton, CA. Quirino was not located at the residence. The day prior, May 15th 2023 Quirino’s parole agent provided a phone number of (714) 727-7369 for Quirino. A record check of the phone number returned the phone was assigned to Metro PCS/T -Mobile and was associated to Daniel Quirino. A search of Longoria’s cellphone extraction shows mulitple messages to the Target Number, which is saved as “Menudo1.” Longoria exchanges multiple messages with the Target Number from April 1 st, 2023, until most recent being May 15th, 2023. I also observed multiple messages between Longoria and other subjects where he Search Warrant Page 12 of 14 references a subject named, “Menudo.” During one conversation with an individual, Longoria advised the subject “Menudo gets out tonight”. The message was sent on March 9th, 2023. I conducted a records check and confirmed Quirino was released on a parole violation on the same date 03/09/2023. In my training and experience, gang members sometimes have use multiple monikers as an attempt to disguise their true identity from law enforcement. Quirino has a documented moniker of “Menace”, however I believe he also uses the moniker of “Menudo”, which is not documented and referenced mulitple times in Longoria’s cellphone extraction. Based on your my training, experience, and conversations that I have had with victims, witnesses, and suspects in gang-related 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 gang members to communicate before, during, and after the commission of crimes. I have become knowledgeable of the tactics and methods typically utilized by gang members in conducting gang-related activities and of the language and patterns of such activities. 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, phone calls, during, and after the commission of crimes. Moreover the data may demonstrate the suspects proximity to the location of the crime and reveal communications the suspect(s) made with accomplices and/or other ptotential suspect(s). 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 event) 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 wi th 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 Search Warrant Page 13 of 14 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 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 714-727-7369 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 714-727-7369 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 Search Warrant Page 14 of 14 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. 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. I am requesting to obtain the call detail records related to an attempted murder investigation, in reference to Daniel Quirino’s cellular telephone number between 9/1/2022 PST– 5/16/2023 PST. I request that a Search Warrant be issued based upon the aforeme ntioned 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 Gerardo Raya, 30th day of May, 2023 at 2:00 P.M. (Signature of Affiant) Reviewed by : Electronically approved by D.D.A T. Phan , 30thday of, May, 2023 at 3:58 P.M. (Signature of Deputy District Attorney) Deputy District Attorney Tom Phan (Printed Name of Deputy District Attorney)