ocsd seth tunstall sw affidavit

sv. t 0 --="---1"-~b"-= STATE of CALIFORNIA, COUNTY of q~~<;iE .

SEARCH WARRA T and AFFlDAVIT (AFFIDAVI T~i3 f1l'G 15 Ph 3: 11

Pea c e Officer Dep u ty Seth Tunstall swears unaer cat n that t e fa crn expressed by n1m/hcr 1ri th e attacned and ~co-pora ea St atement o f Probabl e Cause a·e tr ue ;;·' c the; ! nased ttieJe.on he/she has proba.Ple ..G~use to be lieve and

does believe that the articles . prooert y and persons aescribea be o.N are 1awfuily seiLable p~rsuant 10 Penal Cooe S ection 152..; et se q as ind ·cated below. and are now iocated at the locations set forth below Wt1ere' o•e A'f1an·

· e c ue~t s tt ia: ·t-rs Search \'Y a • an; be issuec BRENDA-Blh:l-AtSKf-P UI~,

--'~---HOBBS SEALING REQ UESTED ~ YES Z)NO NIGHT SEARCH REQUEST ED: 0 YES 0 NO

(~9.,11;.irr: <:I A.!!'.r:

(SE RCH R NT) THE PEOPLE OF T HE STAT E O F C A LIFORN IA TO A NY PEACE OFFICER IN THE COUNTY OF O RANGE proof by a 'f1davi t, hav in g bee r th s day made before m e by Peace Offi ce r Depu t y Seth Tunstall tha t trere 1s probable cause to believe tha t the pro perty or person descr bed r1ere in m a y be found at t r e loca t1on(s) set fortr 'lere1n and tr1a1 11 1s ;w,1• 1 seizable pursuant to Penal Code Sect ion i 524 et seq , as 1ncica teo be ow by "[8';)' (s). 1n that

0 property was stolon or embezz ed, ~ property or things were used as the mea1s cf cor,m tting a 'elon), ~ property or things are in the po~se ss1on of a'1y persor wi:t1 t'1e in!en: to use them a i a means of :omm,.ting a public offe nse

or in the possession of another to whom he 01 she may 'oave dehvrrcd tnerr for the purpose of conceal ng then or preven~rig their being cl scovered.

(8J property or t1 11ngs to be seized consist of a,y item or corstitute any e,•1de ce that tends tc show a felony has been comm tted or te nds to show that a particular pe·son has comm111Cd a felony;

0 property or things to !.Je seized consis t of ovicunce L'ia t tends to sho" ti al Se> ual e,;ploitat1on o' a child, 1n v1olahon of Section 31 1.3 , or po:;session of matter depicting sexual conduct of a person t.nder the ag!: of 1B yea ~s 1n violation of Sect1or 311 • • has occur red o r 1s occurring;

0 there is a warrant :o arrest a person: 0 a pro11i rlP.r of e lectronic communication service or rc'Tlc!e ccmput1ng service has records or evidence as 5pec1fied in Sect1or

1524 .3, show ng tr.at pro;:>er.y was stolen o· embe:zz lcc const:tut ng ;.1 rmsdemeanor, or that property or lhings are r the possess1or of any person w1t r. the intent lo ·Jsc them as a rreans or comMitt1n9 s misdeme?.nor public offense, or 1n thr possession of ano ther to whom he or she rnay hove de ivered them for the purpnse of conceah'lg then or pre ve~ ti-.g the · discovery

O propert)' or ti lings to be seized 1ncl..1de an tern or ar.y evidence Iha! lends to show 2 v1olat1on o' Section 3700 5 o' the Labrr Code . 01 tends to show that a particular persu'1 has v o lated Section 3700 5 of the Labor Coe.le.

You are Therefore COMMANDED to SEARCH: (premises vehicles, persons)

Re fer to Attachment 'A"

For the FOLLOWING PROPERTY, THING(s) or PER SON(s)

Refe r io A.ttachment '6"

A ND TO SEIZE IT I T HEM IF FOUN D ar d bring 1t I them fortnw th be fore me , o• this court at the courthouse of tr is cour1 Th s Search Warra n t and Aff d avit and at· ac~ea and ncorpora ted Stat,c f!l~nt of Pr~ause were sworn to as true and su b s cr bed before m e ori th is 15 day of Aug ust 201 3, at I· s :S ~V\'re· efom . f ·,d p'obable caus suance o s Searc nan! ar d do 1s~:.ie t

Judge oft

HOBBS SEA LING A PPROV ED jgi Y ES

~~d-,l----~~~~-:<_,r. ____ NIGHT SEARCH APPR OVE D: = YES

Sci1·ct'I Warran1

O NO (Z NO

People v. David Zorich 13WF0934 OCDA 000024

ATTACHMEJ\"T

-The firs t residence al J 4 862 Ace.ms Sher, \11cv. a::; C1· y, Cai: '.oni1& Lrther described as a single story residence w: ih the numbers " 14862" aff:x ed to tf: e e:-.ten or, 1;ex1 to the fron t door facing west. ll c ;c~idence is tc.n stucco wnh whnc tnrr and is lncill ed on the eas t side of the street The residence has a ligh t g: ay shingie roof ar.d approximate!) a 1hree foot hi gh black metal fence a~ound the' enti1 e front of the house Tr. e back yard of the residence Vi surrounded b) approx1mate)y a six foo t high c:ndcr block wall On top of the cinder blnck ""all is St; ryeill ar,ce ca111crn~ wllh posted signs c:spl dy mg the resalence 1s under •;c eo s .. n e1llance I reque~ t to mr.ud t! aJJ rooms, lltti cs, baseme nts and oth ei pa-is v.nhrn the residence and a!J ga1 ages, extemai s t ructu re~ . trash containers, and stoiagc area desi[!na'ed fo r the use ofti1 1s resi dence, or fo r which keys to garages. tn: sh containers, and slor<±ge area arc found al the p~em ise~ to be searched, 0 1 in the po s~ess1on of the occupants of the premises

-Da\ !d M11chc II 7orich (OCJ 23 1967) "Lo o" :s dcscr:hed as a mal e l! isparnc, 5 9 l 95Jbs l onch has a CD Ll'C654G 121

-A.ny vehicics parked or. !he premise> of ·hc residence at 14862 Ada:n s Strect. l'vl1c \H.) City, Ca.

The second residence at 145 81 Riata Street, Midway Ci ty, Cahforrua, further dcsc.:n beo as a single . tory residence 1\ ith the numbers" l 4581 '.a ffi xed to the ex tenor, next to the front door fac ing ca~ t The resi dence is light beige stucco with green trim and 1s loc<1ted on the west side of the street The residence has n light gray shrn g· e roof The back y.ird of the residence is sc:rrounded by approximately a six fo ot high cmdcr bl ock v.a!I, 1\ h1ch 111 c!udes the back wall being approximately a six foo t high red cinder b lock with an opemng in the wall that allows vehicles to drive into the back ya1d I request ro ·'lclude all rooms, attics, basements and other parts within the residence and all garages. external structures , trash containe1s, and storage area designated for the use of this residence, or for which keys to gm·ages, trash containers, w d s lornge area are found at the premises to JC searched, or in the possession of the occ.:upants of the premises.

-Raymond Robert Garcia (I l/04/IS72) ''Dreamer" is described as a male H1spa11 , 5' I ! ", 21 S:bs. Garcia has a CDL# A94857'17.

·Ar.:- \Chic les parked on tlic prnrnises of the resider;ce a: 1458i Ri~ta Street, :v'1d1\ay CJ y, Ca.


A TT '\ CHi\££\T B

. 'l f :caITTis i:i c luding a black Ruger 9n rr handgun, a Colt 380 ct:i !Jer, Sld. n es~ stLe:

handgun , a black 380 cali ber handgJ1, a bla 1.-k ltal: .in 380 cal ber nandgt.r . a 9mm

S1gsaucr handgu1:

Vt 1d\1 ay City" gar.g, or c 1'i ~ence of n embe-~h1 p and. or affi .a iion 1, i'h a1. ;, other cn m1 na

street gang The~e 1 ens are to mclude, but are not l11n11ed to , articl e~ of clothrng,

bandanas, any drnwings, correspo11dcncc, letters , fax e~ , m1~ccl laneou~ objects which

have heen 1n itten or:, rr.n nal s-reet gang 1.,rrafiii. dep1ct1ng gang names or lists of gang

membership affiliation, acti vity or identny Any fi lm carcisters containjng undeveloped

fil m, v1dco·apes, nny paintings 01 drawings; all photograph albums and photographs

dep1ct. :ig persons, vehicles, weapons, which show gdng membership and/or gang

affi lwllon. or wlu ch depicts evidence in the case being Lnv est igated Wllh this warrant; or

which dt:p cts any cri mrnal act ivity Any rnmp~t e r disk and/or any digital data storage

dev1ce(s) or computer hard d n •c(~) or any electronicall y stored media, which identifies

anci/o ~ depicts , by content and cor tex!, persons ?nvolvi.:d in cnminal street gang activity

Any newspaper cl;pping(s) relating detail s or references to any L.rune or enmes of

cnm1nal stree1 ga;.g v10!t:nce and an y addrcs> book(s), lists of or single refe rence to

acdresses or :cl ephonc numbe1 s of persons who are members of o; affi !Jate with any

cn minal stn:et gdng.

A~ y 1:cms tending to establ:sh the iclcr:t ty of persor s who hor.-e dorn mon and contro l o f

he location, prem ises, a ltomobdes or llem~ to be se,zed, mcluc ng de,1vered ma I

wi'; cthcr :ns1de the :ocat1 on or :n the mailbox(s) , bdis, uttl:ty bil ls, tc!cpho:ie hills.

:;i1scell anr0i .. s ad d re~~ed mail , personal '. etters, persona. 1dent :fi cat1on, pLrchase rece;pts,

·en recei pts, S'l !t:s receipts , tax statements. pa;TOJI check stubs, key> and recc1p:s for safe

t!epos1t oox(s). key> and rece i pt~ fo r rent al storage space, keys ar d receipt; for post office

bcx or mu : dro? ~ entals, 1gn1 t1on ke;,s , car door and t rc:n.~ keys, vl!b1c' e owr.ership

.:crtdi ca.te s or "p i 1~ s: s ... ano or • eh1c 'c registration sl ps , ccordation of \Oice


1ransm1ss1ons o;: telephone anS\\ er:ng milchmes a~ dio rnpes and telephone me~sag::

receipt boo,.;s, written phone messc.ges, <:nG phoLOg_--a hs tending to shov. oLci;pario'1 c f

!he rc~1denccfousiness am: connection be· ween co-conspirntoro, whether .demi fiec or

unidentified, also digital pagers !hat '.Viii docu:nent telephone numbers of co conspirators

and, 1f found, to activate the digital pagc1 's display mechanism and to obta1;-; me~sages

from the pagers , ans\\'ering :i:achines, tape re:::orde.rs , nnd any other rccordir:g devices,

and 10 plc.v such clevic~$ ·o obtain t!"ie1r messages. Any examples of handwri ti ng

including I ''crs, address books, bus1r.e5~ record~ . cance led checks, notes and 'or lists.

Any and all vehicle(~) associaied with build; ngs en the properties to be searched

Peace officers or assigned representative!> arc authorized dunng the excc..:tion of this

Search Warrant, to video !ape, photograph and/or rake digital images, at the d; ~crction of

the searchi11g offict.:rs, inside and OL.ts1de of the !ocat.on, o: any and all .terns and 1or

vehicles at the location. In adcit?On, they can idem:fy and photograph anci/or d1g1tai

image all person~ present at the Search Wan·anl iocat1o;i dunng tl':e pcnod of execution of

this Search Warrant

Peace officers, during the execution of this Search \,\ arrdnt , may answer te ephoncs and

converse with C?.!lers at the location of tlus !:,earch Wa11an1 without revealrn0

the peace

cffict:r's true identity, and note and/or record any convcrsat1011s and informat:on ieccived

-To rn the telephone calls, including caller identification nfonnat1on.


STATE of CALIFORNIA, COUNTY of ORANGE ATTACHED and INCORPORATED

STATE E T OF P OB BL CAUS .t\ ffiant declares under penalt) of pequ-y that the fo llowing facts are true and that there 1s probab e cause t3

oe l1eve, and Affiant does believe that the designated articles property, and persons a e now in the described

locations including al rooms bJ1ldings, and stru ctures used in connection with the premises erd buildings

adjoining them , the vehicles and tt1e persons

I, the affiant . Deputy Seth Tunstall, have been a sworn Deputy Sheriff since August 11 i 999 ! arri

currently employed by the Orange County Sheriffs Clepartmel'11 as a Deput; Sher H I have cu rrently

been assigned to the Federat Santa Ana Gang Task Force (SAGTF) for approximately the last foc. r

years .

Between February 1999 and .A.ugus: 1999, I attended the Orange County Sheriffs Academy where I

received nine hundred and sixty (960) hours of law enforcement training. This training included

courses in ihett, burglary, robbery, assault, homicide, narcotics, weapons violations, sex offenses,

identity theft, street gangs and violent crimes. After completing the Academy. I was assigned !o the

custody division and have worked since then at Theo Lacy Facility, a men's maximum security

county jail. While working at the Theo Lacy Facility, I have had contact with thousands of inmates

and spoken tot em regarding tt1eir criminal activities and learned their methods of committing crimes

and concealing them from law enforcement. I have spoken to numerous inmates about the

commission of vehicle thefts, burglaries . robberies. economic crimes, narcotic violations, homicides,

assaults, consp1racy cases, gang affiliation/association, weapon violations and extortion.

During approximately my first one and half years at Theo Lacy Facility , I worked as a housing prowler

1n the Maximum Security modules and was responsible for maintaining safety and security with in the

Jail For approximately one year, I was assigned to the classification deta il where I was responsible

for the classifying and housing of inmates based on numerous factors including charges and criminal

sophistication; and the overall supervision of any jail inmate movement with n the faci lity

In September 2001, I was assigned to the Special Handling/ Gang Deta il at heo Lacy F ac1 lity l1 1s

detail consists of one Sergeant and four deputes that work from within Theo Lacy Fae l1ty 1 rie

Special Handling/ Gang Detail is responsible for:

Statcmenl of Probabic Cau~c Page 1ofi1

CP tDR I


Gathering 1mell1gence on gang shot-cal lers/ representatives, gang nvalnes 1n and out of custody.

narcotic trafficking wit l1 in the 1a1 system, developing confidential informants , "Green-lights" 01

specific gangs and gang participants 1aent1fying streeVpnson gang participants identifying sub1ects

who are gang dropouts or who are on hit lists evolving gang tre ds a nd oo!• 1cs both on the streel

and in -custody

Screening inmate mail for monikers, gra 1rt1 or drawings, gang related p otos, possible escape plans,

validating ga g assoc1at1on, plans for assaults on staff/ other inmates. plans for f •ture cnmir.al

activity, past cnm1nal activity not oreviously known

Interv iew all high power gang participants as they enter the fac11tty, 1dent1fy gang nvalrres and

al liances, determine proper housing for gang drop outs , investigate assaults and dete mme gang

involvement , identify trends within the gang subcul ure. identify and photograph gang affiliated

subjects and their tattoos , monitor and track the movement of high power gang participants both in

and out of custody

Assist outside agencies i identifying subiects . forward gathered infor at1on on gangs to t e

appropriate iunsdiction provide intelligence at meetings as it app lies, assist the Californ ia

Department of Corrections i val idating prison gang members who are in or who have left the Orange

County Jail system, and assist the 0 ange County District Attorney's office in ongoing criminal cases

Monitoring inmate phone calls for monikers . possible escape plans. va!tdating gang assoc1ation,

pans for assaults on staff, other law enforcement agenices and other inmates, plans for future

criminal act1v1ty, past criminal activity not previously known, and narcotic trafficking within the ;a I

system

From Ja uary 201 0 to the present, I have been assigned o e Federal Santa Ana Gang Task Force

(SAGTF) The SAGTF consists of the follow ng agencies Santa Ana Pohce Department Orange

County Sherrff's Department, Federal Bureau of Investigation, A coho!, Tobacco and F rearms,

United States Attorney's Off ice Orange County District Attorney; and the California Department of

Corrections Special Services Unit The SAGTF primarily focuses on the career criminals, which

1 eludes active gang members and associates currently involved in serious or violent cnmes

organized crime involving the Mexican Mafia, along with narco ic and gun traffic mg and d1stribut1on

S:111enen! of Probab1e CaL~e Page 2 of 1


I have been involved in over 400 1nves!tgat1ons nvolving , but not limited to known gang part1c1pams

from P EN/ NAZI LOW RIDERS, AP. YAN BR0 1HERHOOD, UNITED SOCIETY OF ARYAN

SKINHEADS INSANE WHITE BO YS, LA MIRADA PUNK.S OC SKINS , WEST SIDE COSTA MESA

SKINHEADS FUCK SHIT UP-HB, LAOS, HUNTINGTON BEACH HA R DCORE, F-TROOP, SANT.Ii

NI TA MEXICAN M/lFIA, DELHI, MC CLAY ST AL LE Y BO YS \t./EST M YRTLE ST EL MODENA

CROW VILLAGE, BIG STANTON, DARKS/DE, SOU Th SIDE SAN TA ANA, VA RRIO NORWALK,

PEARL ST, LITTLE HOOD-SA, HA WAIIAN GARDENS, LA COLON/A -ANAHEIM, f ULLERTON

TOKERS TO V1/N, LAUREL HOOD THUGS-TUS TIN, LA HABRA MONOS FORMING KA OS-COST/i

MESA; CITRON ST ORANGE VARR IO (;YPRESS UNDER NO /l L T.1--f OP.JTY. MIDDLE SIDE, 1err

ST, SOUTHSIDE:: HUN TINGTON BEACH EAST SIDE BUENA PARK LA JOLLA ORPHANS,

LA TIN BO YS ANA!-ICIM .!A TOS LOCOS, BARRIO BROWN REVOL UTION, BARRIO SMALL

TOWN PLAS LOPE RS, SOUTHS/OF WHITTIER, BO YS FROM THE 1-1000; ANAHEIM PENGU'N

C •TY /-!ARD TIMES, ROLLIN 60 S CR/PS, EAST COAST CR/PS

I have also worked and conferred with more experienced officers i ga ngs narcotics properly

cnrnes, auto tt-ie fts . homicides , sex crimes and fra ud during my last twe ve years My informal and

1nf1elo train ing includes receiving tnformation/tra1rnng from n rnerous Orarge County Deputy District

Attorneys and Investigators, Riverside Deputy District At1orney's and Investigators , OCSD Gang

Investigators . outside agency Gang 1nvest1gators , Californ ia Dept of Corrections Institut ional Gang

Investigators from Pe lican Bay State Prison, Tehachap i State Prison Corcoran State Prison, Wasco

State Prison Chino State Priso n, Calipatria State Prison . Cenlinela State Prison , Folsom S'.ate

Prison , Region 4 Parole SSU !G I Lt L Duarte SSU S Gut1erreL and SSU-IGI t R I arquez, afl d

the Federal Bureau of Investigation I have draw1 from their knowledge and expertise m tneir

r spect ·ve fields of law enforcement

During my e·11ployment wi th the Sher iff's Department I have cu lltvated interviewed and supervised

numerous conf1dent1a l informants I have also interviewed w tnesses suspects and com p led the

necessary informa tion to he lp ob am arrest/sea rch warrants W htie conducting nrn.na'

nvestigat ons. I have had the opportunity 'o listen to witnesses. informants and suspects divulge their

method and mode of o peration as it re1ates to the rieans by which criminal offenses are perpetrated

and concea led from law e nforcement

I have receJVed approxim a te ly 900 hours of formal ga1g training Th s tra n ng was prov ded by the

Orange County Shenff's Depa rtme1 t !tie Ora nge County Distnc' .A.torney Office , _os Angeles

S·atencnl of Probnb e Ca, ~e Page 3 o' '·

CR 10 ;;: #


Sheri ff's Dept Rvers1de Sheriff's Dept, San Diego Sheriffs Dept Callforn1a Dept of Corrections

Santa Ana Police Dept Anahe1rr Police Dept . Costa Mesa Police Dept Huntington Beach Police

Dept , and the Cahforrna Gang Investigators Association I am cu nently a member of tr ie Ca li fornia

Gang Investigators Assoc1a:1on (CGIA). the Orange Couniy Gang Investigators Association (OCGIA)

Ca l1fom1a Gang Task Force (CGTF) and the Ca lifornia Narcotic Officer's Associat ion (CNOA)

These organizations have annual seminars which include training on gang theories act1v1t ies , and

:rends The OCGIA and CGTF have monthly meet ings 1r1 wh1cr local gang enforcement police

agencies in Orange County g;:;t hPr and share 1riforn1 at1on pertammg to their respective ga ngs

Dur ng my law enforcement career I have been mvolveo 1n the 1nves t.1gat1on of severa 1 hund·eo

gang-re lated cnmes and act1vit1es I have spoken 1o more than 4 000 gang members 1n bot ~

custod ial and non-custodial sett ings Du ring these contacts I spoke to the gang members about their

gangs history. tt1e1r assoc ates and rivals their tattoos clothing, area of act1v1ty and the type of

crimes they corr.mit Th rough the 111vest1ga!ions and contacts I have had , I have learned the values,

customs and operations of criminal street gangs including their att itudes and behavior towards rival

gangs, weapons , v;o lence. law enforcement , and iheir loyalties to and expectations of fellow gang

members I have read numerous books on the sub1ect of gangs th eir history, and the ir culture

l hese books were authored by not only law enforcement officers but former gang members and

scholars

As a sworn deputy I have part1c1pated 1n the service of several search warrants involving gang

members Dunng these searcf-i warra ts I have had tl1e opportunity to see and seize gang 1ndic1a,

which included personal wrrt1ngs photographs depicting gang merrbc rs and phone books show ng

names and phone numbers of fellow gang members and associates

! have test1f1ed a a gang expert 1n Orange County Su erior Cou·i North Justice Cen'.er, Orange

County Superior Court West Justice Center , O·ange County Superior Court Central Justi ce Cen er

the Federal Gra d Jury 1n Santa Ana and the Orange County Supenor Court Grand Jury

I arr pe sonally aware , throu gh prior investigations and d1scuss1ons w th gang members ol a cnrrnnal

street gang called Va rno Midway City I am also aware mer bers and associates of the Vano

M dway City crim inal street gang have beer1 engaged in an ongoing pattern of violent crnninal

behav ior to nclude assault with a deadly v .. •eapon , narcotics for th e purpose of sale . terrorist

th reats, ana possess1or of loaded and concea led firearms 1n pub lic

Statemrrl of P·ooab ~ :a~~c Page 4 011 •

cq D P

People v . David Zorich 13WF0934 OCDA 000031

8ased on my training a1d experience with criminal stree· gangs and their active participants coupled

with the following facts 1n this affidavit

I have formed the opinion that act ve part cipants of criminal street gangs normally

keep mementos of their gang membership a no/or affiliation at their residences in the form

of scrapbooks, photo albums personal phone books, personal videos, handwritten signs,

wall plaques computer disks , compu•er hard drives !n add!t:on, graffiti symbolizing the

gang can be fou!!d ofteri time inscnbed or written on such items such as CO players, tape

recorders, sporting equipment, walls, cabinets furniture, and other r::ersonal items This

opinion is based upon my personal experience and observing such items in residences of

active participants of criminal street gangs numerous times in the pas1.

2 I have formed tt1e opinion that active participants of c minal street gangs frequently

pass firearm (s) from one active participant to another to use in their gang's daily activities

When the firearrn{s) are used in a crime, that firearm {s) may be concealed until the

danger of detection has passed. The active participant w'lc last had the firearm will either

conceal the firearm(s) or he or she will deliver it to another fe llow active participant to be

concealed until the danger of detection has passed . When the danger of detection has

passed that firearm(s) will be delivered back to the gang to be used once again .

3 It is my opinion that active participants of criminal street gangs frequently possess or

borrow cars owned by family members, friends girlfriend . or other active participants

They will hide or leave gang paraphernalia or weapons within these vehicles This opinion

1s based on my persona l observations and conversations with active participants ol

crimina l street gangs numerous times in the past

I am personally aware , th rough prior investigations and d1scussio s with gang members, of a cnm1na

street gang in the city of Midway City cal led ' Varrio Midway City" I am a!so aware members and

associates of the " Varrio Midway City" cri minal street gang have been engaged in an ongoing pattern

of violent criminal behavior to include , assau lt with a dead ly weapon auto theft, burglary, narcotics

for the purpose of sa les , and possession of loaded and concea ,ec firearms 1n public and other

miscellaneous mischief 1n the fo rm of property destruction

S1a1emenl or Probable C;;use Page 5 of· 1

,_/y· CR; oci/~


Summary

I sta e that the facts in suppo · of t he issuance of he search w ar ant are as fo llows

YOUR AFFIANT REQUESTS that t e "Confidential Attachment" p o rtion of the search warrant

affidavit be orde ed sea leo by the magistrate 1n order to implement the pnv1lege under Evidence

Code Sectron 041 and to protect the 1dent1ty of any confidential informant{s) . pursuant to the

.Supreme Court decision 1n Peop le v . a net Marie Hobbs ( 1994) 7. C. 4 1h 948 a d Californ ia Rule

of the Court Rule 2 550

If any of t e 1 fo matron within the requested sealed portion of the Affidavit/State ent of

Probable Cause is made public , it will reveal or tend to reveal the identity of any confidentia l

mfo nnant(s), impair further rela1ed inves 1ga io s and endanger the life of the conf1dent1al

1nformant(s)

See Confidential Attachment

I conducted a records check through Parole LEADS, ELETE, and DMV o David Mitchell

Zorich , DOB 9-23-67 . and determined tha t he 1s recently got off pa ·o le for possession of a

co trolled substance Zorich has pri r weapon violation arrest and conviction , which included

state prison time. gra nd theft and street gang arrest and conviction , whic included state

prison time, and possession of narcotics for sale arrests and convictions , which included state

prison time I was able to verify that Zorich claimed his current mai 1ng address on record with

the DMV as 14862 Adams Street Midway City. CA 92655 I conducted a records search

through Orange Coun1y Supe 1or Court Vision Zonch 1s currently out of custody on bail for

two separate cases The cases are

Case# 11 WF0253 for CPC 12021 (a) (1 )-Possession of a fi rearm by a fe lon. CPC 186 22 (b)

(1)-Criminal Street Gang enhancement , CPC 245 (a) (1 )- Assault with a deadly weapo

Case# 12WF01 for HS 11 35 1-Possession of a con rolled substance with intent to sell, CPC

186 22 (b) (1, -Crimina l Street Gang enha cement HS 11 3 77 (a)-Possess1on of a controlled

substance

Statemen1 of 0 rcbeb1c cn~~e Pnge 6 o• • •


I reviewed Orange County Sheriff records which 1nd1cated Zone is a documented 'Varno

Midway City' crimina l street gang member with the moniker of' Loco" Zorich al o r as multip le

Varrio Midway City" gang tattoos on his body

I conducted a records check through ELETE and OMV on Raymond Robert Garcia DOB 11

4 72, and determined that he has a prior weapon v10 lat1on arres t, stolen property and

possession for sa le arrest and conviction , which included Orange County jail time l was ab le

to verify ttlat Garcia clauned his current mailing address on record with the OMV as 14581

R1ata Street M1rlwriy City CA 92655 I rev ewed Orange County Sheriff 1eco1ds which

rnd1cated Gare a 1s a docuMented 'Varno Midway City" cmn ina l street gang riember Gar cia

also has a "Midway Crty" gang tattoo on his body

Based on my rammg and experience, 1t 1s rny opinion that the re is reasonable ca se to

believe that the grounds for the issuance of a Search Warrani exist as set forth in Section

'i 524 of u-.e Californ ia Penal Code, based on the afore-mentioned facts and circumstances

Based upon the info rmation conta ined w1th1n th is affidavit, as well as my tra ining and

experience, I believe a search of 14862 Adams Street. Midway City, CA and 14581 R1ata

Street, Midway City, CA will reveal evidence m support of weapon possession and gang

1nd1cia

Based on your affiant's \raining experience, and conversations that your Affa \ has had wit

other Law Enforce ent Officers and/or eports that your Affianl has read, your Afflant knows

that gang members will commonly keep fi rearms at their place of residence, due to the

firearms being a prized possession helping to provide the gang member with tl1e ability to

commit further criminal acls ass.st in the sales and distribution of narcotics along with

rov1de the gang member with protection from other rival gang members Your Affiant knows

that during the service of this Search Warrant there are many articles of personal and1or

business property tend1 g to establish the 1dent1ty of persons who have dominion and control

over the premises, business, vehicles, and/or items to be se zed

Stalemenl of P•obab e C;;~sc Pag 7 ol 11


Further 1t 1s my opinion that criminal street ga ngs revere guns, weapons and ammunit on

Criminal street gang members benefit from the mere possession o1 w ea pons by elevating the

status of the 1ndiv1dua who possesse s a weapon and of the cnm na I street gang as a whole

The ind1v1dual gang member and tne crim 1nal street gang as a whole gain power and status

w thin the gang commur1ty

All such weapon possession ts evidence of CPC 186 22 (a) & (b)- Act ive criminal street gang

participation and the mot1vat1on for criminal activity These terr>s a re e\ 1dence, w" .ch help

prove th.it the cri 1nal '>tree! gang "V::rrio Midway City' w1:h1n the defiri t1ons of CPC 186 22

(a) & (b)

Your Affian t believes that these items will tend to connect the premises , locations persons,

ana vehicles to be searched with the items to be seized ana the case being 1nvest1gated

It 1s your Affiant's opinion that these types of items are usually present at the location sought

to be searched by this Search Warrant and that they wil l therefore likely still be found in the

location and/or the person to be searched

Based upon ~ ou r Affl ant's training, experience and conversations that your Affiant had with

other Law En orceme nt Officers and/or reports that your Affiant has read. 1t •s your Affiant's

opin ion that the person mentioned and other unknown pe rsons are engaged 1n a conspiracy

to commit felony crimes and that such persons often communicate with each other and

coordinate their illega l act1v·t1es by telephone The sea rch ing off1ce ·s should be able to

answer any telephones in the locat1on(s) to be searched and conceal their identities. such

conversations may constitute evidence of a felony and may 1dent1fy other conspirators.

Based upon your Affiant's tra ining experience and conversations tha t your A. iant had w th

other Law En forcement Officers and/or repori s that your Affiant has read , your Affiar t knows

that gang members wi II hide keep or conceal their gang 1 d1c1a on computers and computer

systems common ly cons1st1ng of electro nic data processing and storage devices, with central

processing units internal and pe ri pheral storage devices suc1 as fixed disks external hara

drives floppy disk dri ves and diskette s tape drives and tapes optical storage devices

angles or encryption keys , personal data assistants (POA's), cellular phones or other

memory storage evices

S atenenl o' Probable CaJse Page e o' < 1

C'i I :)R it

People v. David Zorich '13WF0934 OCDA 000035

They also consist o' peripheral input/output devices such as keyboards, printers video display

rron1:ors optical readers and rela ted commun1cation devices such as modems assoc1atea

te lephone sets. speed dialer s. or other controlling devices, plotters, software to run programs

connect ng cables and p lugs pe ripherals such as 1oyst1cks mouses o r ot1er input devices

scanners wri ting pads, manua's , connecting switches. teleplmnes and telephone cables and

interface devices There 1s system documentation operat ing logs and documentation ,

sofu'\lare and instructional manuals for the computers and computer systems Computing or

data processing software stored on any typP. of med ium c;uch as· hard 01sl< s, floppy disks ,

CD-R's CO-R\l\1's, DVD 's, cassette tapes , or otrer permanent or trans ient storage rned ,Jm

and other forms of magnet ic media conta ining computer information

Your Afflant requests any records of gang md•c1a or involvement, whether stored on paper. on

mag netic med ia such as tape cassette, disk, diskette or on memory storage devices such as

optical disks, program mable instruments such as telephones "e,ectronic calendar/address

books" calculators, or any other storage media, together with indrc1a of use, ownership ,

possession , or control of such recoros

Your Afftant requests any written or computer cor111nunicat1on m pr nted or stored r1ed1um

such as E-mail and chat logs d1scuss1ng gang ind1c1a and involvement whethe in active files

deleted f !es or unallocated space on the hard dnve , floppy drive o any date storage media

II 1s your Affiant's expe rience that computer system searches and exam1nat1ons cannot be

completed wrth1n ten days in which the Search Warrani must be served and the Return to

Search Warra nt filed Th;s is due iri part because the Orange County Sheriff's Department

Investigators who complete the computer search and exa minations commonly have mulhple

cases working at the same time and 11 can take several weeks to comp lete It 1s requested

that the Search Warrant and Ret urn to Search Warrant be flied and that the computer search ,

examinations, and 1nvest1gat1ons be allowed to continue

Based upon your Affia nt' s tra1n1ng experience and conversations that you r Aff ant had with

other Law Enforcement Officers and /or reports that your Affiant has read . your Affiant knows

that the involveme nt 1n gangs includ es the assoc1at1on of numerous nd1viduals As a result

persons who are involved 1n gangs will often possess documents that will 1dent1fy other

rr embers of the organization such as \e ephone book(s), address book (s) te lephone

Statement ol Probable Cause Page 9 of 11

CR CR I


bill(s), and other paperwork documenting the name(s), address( es) and telephone 'lumbers

of co-conspirators It is also your Affiant's experience that co-co1spirators will retain

address( es) and telephone numbers of other co-conspirators in he same way that a business

will mainta in records

In the described residence to be searched I believe there will be, and I wi sh to seize, ind1c1a

of crim inal st reet gang membership; ind1cia 1nclud1ng, but not limited to , ph otos graffiti and/or

rosters listing not only the gang members outlined in this document, bJt also add·t1ona l "Varrio

Midway City" gang members

These items include, but are not limited lo, any drawing or m.scellaneous writing or objects or

graffiti depicting gang member's names, initials, logos, monikers, slogans, or contain ng

mention of criminal street gang rnembeiship affi liation , activity or identity. It has been my

experience that most criminal street gang members are known by monikers to their fellow

gang members and they frequen tly write their monikers and the monikers of their associates

on walls, furniture . miscellaneou s items or paper , botll within and on the residence and with n

and on the vehicles

It is my opinion that evidence of gang membersh ip or affiliation with a criminal street gang is

important as it will provide motive for the commission of the crime in the instant cases and

may provide evidence , which will tend to identify other persons who may have knowledge of

or be involved in the commission of the crimes 1n the instant cases, and 1t may tend to

corroborate in'ormation given by other witnesses I belreve these items will tend to connect

the premises, persons and locations to be searched with the items to be seized and the cases

being investigated I believe these items are not typically disposed of and wi ll therefore likely

be found at the location to b searched

I request that a Search Warrant be issued based upori the aforeme, honed facts, for ihe seizure o1 sad

property, or any part thereof, betweer the hours of 7.00 P. M and 'iO 00 PM . good cause being shown thereof

and the same be brought oefore this Magistrate or re'.a1ned subject to the order of the court, or of any court n

which the o'fense(s) 1n respect to which the property of things taken , triable, pursuant to Section • 536 of tre

Penal Cede

Items attached and incorporated by Reference YE S 0 NO ~

I cert ify (declare) under penalty of perjury that the foregoing 1s true and correct

Statc-nsnt o! Prot>a!:>le CausP Page 10 of 11

CR /:JR~


Executed at ____ s'""'a~n.-ta~A"""n~a~-- Cal 'orr a

______ __,CZ>~t/tvi~--1.1:--:-::----.----,----• --1L__ day of A v5v st , ;. o 13 . at ~ A.M @

d:A"~ Reviewec by -------~-,---1--'=--=---·~dayot

{S1gr.aturt o! Deputy D suict

Slateme-ir or Probable Ce use Page 11 of 1 • C« /DR 1:


ocsd seth tunstall sw affidavit

Documents

c eo s

safe t

extemai s t ructu

s receipts

persor s

s ad d

firs t residence

t e r disk andor