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SW#____________________

STATE OF CALIFORNIA - COUNTY OF SACRAMENTO

SEARCH WARRANT AND AFFIDAVIT

(AFFIDAVIT)

Kelley Elliott, swears under oath that the facts expressed by him in the attached and

incorporated Statement of Probable Cause, consisting of 26 pages, are true and that based

thereon he has probable cause to believe and does believe that the property described below is

lawfully seizable pursuant to Penal Code Section 1524, as indicated below, and is now located at

the location(s) set forth below. Wherefore, affiant requests that this Search Warrant be issued.

Night Search Requested YES [XX ] NO [] Justification on page(s) 21

Signature of Affiant, after being sworn ____________________________

Reviewed by _ DA. A. Soloman Date: 10/13/15 Time: 1715 hours _

(Deputy District Attorney)

(SEARCH WARRANT)

THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICEMAN

OR PEACE OFFICER IN THE COUNTY OF SACRAMENTO:

Proof by affidavit having been made before me by Kelley Elliott, that there is probable cause to

believe that the property described herein may be found at the locations set forth herein and that

it is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by "x" (s) in that

it:

was stolen or embezzled

X was used as the means of committing a felony

X is possessed by a person with the intent to use it as means of committing a public

offense or is possessed by another to whom he or she may have delivered it for the

purpose of concealing it or preventing its discovery.

X tends to show that a felony has been committed or that a particular person has

committed a felony.

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YOU ARE THEREFORE COMMANDED TO SEARCH

THE PREMISES KNOWN AND DESCRIBED AS:

1169 JEAN AVE, SACRAMENTO, CA 95838

I have personally observed 1169 Jean Ave which is located in the City and County of

Sacramento. 1169 Jean Ave is located on the north side of Jean Ave between Dry Creek Rd and

Haywood St. 1169 Jean Ave is a single story, single family dwelling. The front door faces

south toward Jean Ave and is protected by a black security screen. The front door is on a patio

that is raised with one step. The front patio has brick pillars. I did not observe any numerals on

the front of the house. The drive-way is located on the east side of the front yard and is enclosed

by a chain link gate. The house is green with a dark colored trim. The side yards are protected by

a wooden fence. The eastern side of the fence has been extended higher by several pieces of

wood.

Also to include all attics, basements, and other parts therein, and surrounding grounds, garages,

out buildings, storage sheds, storage lockers, safes, garbage cans, containers, and out buildings of

any kind located or belonging to the premises of 1169 Jean Ave.

In the event that law enforcement officers encounter safes, locked cabinets, or other secured

containers at the location(s) or in vehicle(s) listed in this search warrant, it is the direction of this

Court those officers or their agents access those items to search for evidence listed in this search

warrant. Officers are authorized to use the assistance of a locksmith or other experts to open

locked safes or storage containers. Officers may remove the safe or storage container to a

location where it can be opened at a later date.

**PHOTO FROM 2014**

THE FOLLOWING PERSONS:

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(1) DOUGLAS ARTHUR, DOB 7-23-72, male, black, 5’7 and 130 pounds, XREF:

3239619

(2) MARLON WILLIAMS, DOB 8-2-92, male, black, 5’7 and 130 pounds, XRF: 4828913

(3) MARLON WILLIAMS, DOB 6-7-72, male, black, 5’5 and 130 pounds, XREF: none

THE FOLLOWING VEHICLE:

California license number 5BTP457, registered owner Douglas Arthur, 1169 Jean Ave,

Sacramento, CA. 95838

California license number 3BKP648, registered owner Marlon Williams, 1169 Jean Ave,

Sacramento, CA 95838

Any and all vehicles found to be in under care and control of THE OCCUPANTS at time of the

execution of the search warrant, as evidenced by DMV registration, victim, suspect, or witness

statements as to actual use or possession of vehicle(s), or possession of vehicle key(s).

FOR THE FOLLOWING PROPERTY:

(1)

Marijuana; paraphernalia commonly associated with the possession, packaging and/or sale of

marijuana, such as pipes, sifters, alligator clips, baggies, scales and other weighing devices,

recordation of the purchase and/or sales of marijuana, including ledgers, notebooks, pay/owe sheets,

personal phone books, and/or personal photographs which document possession, sale and/or

possession for sale of marijuana.

Also, property or items utilized for the cultivation of marijuana, such as seeds, fertilizer, irrigation

devices, garden tools, growing containers, electrical devices which aid in the growth of marijuana

plants, such as timers, pumps, ballast, lights, climate control devices, generators, and books or

instructional manuals to aid in the growing of marijuana, firearms and other weapons, as well as

large sums of cash.

(2)

Items used to grow marijuana indoors, grow lights, ballasts, circulating fans, exhaust fans, light

canopies, electrical timers, light rails, circular light movers, hydroponic containers, grow mediums,

CO2 injection systems, fertilizers, and other miscellaneous items used to grow marijuana.

(3)

Marijuana or any parts thereof (such as living plants and dried processed matter) and paraphernalia

commonly associated with the cultivation, storage, sales and use of marijuana (such as pipes,

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alligator clips, baggies, scales, and other weighing devices), lights, hoses, and other paraphernalia

used for growing marijuana, books, papers, recording devices, pay-owe sheets, buyers lists, ledgers,

and other items that can be used to record sale transactions.

(4)

Any items tending to establish the identity of persons who have dominion and control of the location,

premises, automobiles, or items to be seized, including delivered mail, whether inside the location or

in the mail box/s, bills, utility bills, telephone bills, miscellaneous addressed mail, personal letters,

personal identification, purchase receipts, rent receipts, sales receipts, tax statements, payroll check

stubs, keys and receipts for safe deposit box(s), keys and receipts for rental storage space, keys and

receipts for post office box or mail drop rentals, ignition keys, car door and trunk keys, vehicle

ownership certificates or “pink slips,” and/or vehicle registration slips, recordation of voice

transmissions on telephone answering machines, audio tapes and telephone message receipt books, and

written phone messages, and photographs tending to show occupation of the residence / business and

connection between co-conspirators, whether identified,, answering machines, tape recorders, and any

other recording devices, and to play such devices to obtain their messages. Any examples of

handwriting including letters, address books, business records, canceled checks, notes, and/or lists.

(5)

Any spent casings, any miscellaneous gun/firearm pieces, ammunition, gun-cleaning items or kits,

holsters, ammunition belts, original box packaging materials, clips, magazines, cylinders, targets,

expended pieces of lead/bullets, any photographs of firearms, or any paperwork showing the

purchase, storage, disposition, and/or dominion and control over any guns, any ammunition, or any

of the above items.

(6)

Cellular telephones to include SIM cards for each telephone. Cellular phones and to search said

cellular telephones for the following described digital data, to wit: data showing incoming and

outgoing calls, electronic address books, and stored voice mail messages, text messages,

photographs, pay-owes(notations of sales and who owes money),any of which may bear a form of

identification such as a person’s name, address, and telephone number, which could also be used to

determine dominion and control over said cellular telephones, and evidence of cocaine/rock cocaine

and methamphetamine sales. It has been my experience that retrieving data from cell phones will

require more than 10 days to process the items due to the necessity of using forensic experts to

retrieve the information.

(7)

Computers and computer systems, including computer records, whether on paper or stored on

magnetic media including information contained within a computer or computer system;

including computer hardware, software, and data, including central processing units, hard disks,

hard disk drives, tape drives, CD-ROM drives, display screens, keyboards, printers, modems,

magnetic tapes, zip drives, zip drive disks, files and documents in the form of optical media,

electronic media, computer manuals and resource books, computer cables and connections,

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pieces of paper with computer passwords, computer network addresses and codes, and floppy

disks, found together or separately from one another.

With respect to cellular phones and computers any items listed above found during the execution with

this Search Warrant, the searching Peace Officers are authorized to seize and book said, electronic

storage devices, storage media, cellular telephones, and any items listed above and transfer them to a

Law Enforcement Agency location prior to commencing the search of the items. Furthermore, said

search may continue beyond the ten-day period beginning upon issuance of this Search Warrant, to the

extent necessary to complete the search on the cell phones and any items listed above.

(8)

Any and all firearm(s) that are capable of firing any and all casings located on the property.

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AND TO SEIZE IT IF FOUND and bring it forthwith before me, or this court, at the

courthouse of this court.

This Search Warrant and incorporated Affidavit was sworn to and subscribed before me this

day of , 20 , at A.M./P.M.

Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it.

Signature of Magistrate

Executed by Date Hour

For further information contact Officer Elliott

Sacramento Police Department at 916-808-1261.

10th October 15 5:30

Michael A. Savage

Night service is approved

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AFFIDAVIT OF KELLEY ELLIOTT

IN SUPPORT OF SEARCH WARRANT

I, Kelley Elliott, your affiant, am a full-time sworn police officer employed by the Sacramento

Police Department. I have been so since December 23, 2006.

In June 2005, I graduated from the California State University at Sacramento with a baccalaureate

degree in Criminal Justice. In the course of my collegiate studies, I completed classes in Drug

Abuse Recognition, Criminal Behavior, Investigation and Interview Techniques, Laws of Arrest,

Search, Seizure and Evidence, in addition to several other criminal justice related topics.

Between the dates of January 2005 and June 2006, I was employed by the County of Yolo

Probation Department, specifically as a Probation Officer pursuant to 832 PC. During my course

of employment, I completed searches of building, residences, personal property, persons, and strip

searches. I attended a six-week (6) POST certified Probation Officer Core Course. During my

course of employment, I have personally interviewed persons for narcotics use, possession, gang

activities, and violations of probation. I have completed sentencing reports and recommendations

to the judges of Yolo County Superior Court for such violations.

During this course of employment, I attended a six (6) hour course hosted by Yolo County

Narcotics Enforcement Task Force (YONET) which included the recognition and handling of

narcotics and paraphernalia.

Additionally, during this course of employment, I was assigned to the West Sacramento Police

Department’s Office of Investigations where I assisted investigators with various investigations

including but not limited to homicides, gang crimes, narcotics, and serving and enforcing several

Norteno gang members with the Broderick Boys Gang Injunction.

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Between the dates of June 2006 and December 2006, I attended a twenty-six week (26) POST

certified academy. In this academy, I received instruction in a variety of police related topics

including but not limited to narcotic laws, search and seizure, gang awareness, sex offenses,

property crimes, assaults, and firearms. From 2006 to 2015 I was then assigned to the Office of

Field Services, as a uniformed Patrol Officer. I became a Field Training Officer where I trained

new recruit officers. During that time, I have conducted, as well as participated in, hundreds of

preliminary criminal investigations, including but not limited to; murder, rape, robbery, assault,

larceny, traffic offenses, sex crimes, auto theft, firearm related offenses and various narcotic

related offenses. During the course of these investigations, I have conducted interviews with

victims, witnesses, and suspects. I am currently assigned to the Office of Field Services as a

member of the North Gang Enforcement Team, Shot Spotter Team. This team is responsible for

responding to and investigating shots fired calls that come from the Shot Spotter Technology

system recently employed by the Sacramento Police Department. This program is a GPS based

technology system that locates gunshots and reports the location of gunshots within 25 meters of

its origination.

As a police officer, I have personally, arrested no fewer than fifty (50) subjects for controlled

substances, which have included but not limited to possession, possession for sale, conversion of

cocaine base to cocaine HCL, transportation, and narcotic paraphernalia. I have responded to

numerous locations where I have observed illegal activity of possession, selling, and illegal use. I

have been involved in observing and seizing different types of paraphernalia and narcotics,

including, but not limited to, cocaine (both base and HCL forms), methamphetamine, heroin,

marijuana, MDMA tablets, and illegal possessed prescription pills.

I have personally conducted investigations no fewer than ten (10) times each on the following

controlled substances: methamphetamine, rock cocaine, heroin, and marijuana. On each

occasion, I received a positive reaction for the presence of controlled substances; my findings

were later confirmed by a criminalist at the Sacramento County Crime Laboratory.

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In December 2008, I completed the Special Investigations Divisions Integrated Narcotics Training

(INT) Course. This course was forty hours (40) of instruction. I was instructed in basic narcotics

investigations by investigators and prosecuting attorneys who have many years of experience in

the areas of narcotics, and abatement enforcement. This course of instruction included, but was

not limited to, the methods of packaging, distributing and sales of controlled substances/narcotics,

clandestine labs, undercover procedures, search warrant preparation, search and seizure and

surveillance techniques. I have been qualified as a narcotics experiment in the Sacramento

County Superior Court.

In 2013 your affiant attended an eight (8) hour P.O.S.T certified Search Warrant Preparation

Course, presented by CNOA. Topics covered included, but were not limited to the determination

of when a search warrant is needed, developing probable cause for a search warrant and the

preparation of search warrants.

In May 2014, your affiant attended an eight (8) hour P.O.S.T certified Chasing Phones class.

Topics covered included, but were not limited to the tracking of cell phones by GPS pinging and

cell sites, interpreting call detail records, cell site information and billing records, and preserving

evidence contained on cell phones.

In May 2015, your affiant attended a 24 hour Shot Spotter Technologies “SST” training class.

Topics covered included, but were not limited to the ability of the SST to detect and distinguish

gunfire from other similar sounds, the ability of the SST to locate the point of origin of the gunfire

to within a 25 meter radius, the ability of the SST to detect the number of gunshots fired and to

record the gunshots for later review and submission as potential evidence, and the use of the web

based SST program.

In September 2015, your affiant attended a 40 hour Integrated Gang Training. I was instructed in

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basic gang investigations by investigators and prosecuting attorneys who have many years of

experience in the areas of narcotics, gangs, and abatement enforcement. Topics covered included,

but were not limited to the origination, predicate cases, criminal involvement, and current trends

of African American, Hispanic, and Asian street gangs. The course also covered undercover

procedures, search warrant preparation, search and seizure and surveillance techniques.

SUMMARY OF PROBABLE CAUSE

On 10/11/15, at approximately 2132 hours, I received a Shot Spotter Technologies activation on

my in car computer to 4029 Dry Creek Rd. The activation reported six (6) rounds had been fired.

I am currently assigned to the North Gang Enforcement Shot Spotter Team.

Shot Spotter Technologies uses multiple collaborative acoustic sensors that activate when gunfire

occurs, providing comprehensive outdoor coverage over complex urban geographies. When there

is a shooting outdoors, Shot Spotter sensors and software triangulate and reports the location

within 25 meters of each round fired within seconds. Shot Spotter Technologies will provide a

map of the location of the activation and will note if it was a single gunshot or multiple gun

shots. When the program reports multiple shots have been fired they will provide officers with

the number of gun shots detected. The program will also provide audio of the gun fire which may

be listened to by officers prior to arriving at the location of activation.

On 10/11/15, while enroute to 4029 Dry Creek Rd, I reviewed the map from Shot Spotter

Technologies and saw that the activation was along the fence line of 4029 Dry Creek Rd and

1169 Jean Ave. 1169 Jean Ave and 4029 Dry Creek Rd share a fence. I was also able to review

the audio of the shots being fired as provided by Shot Spotter Technologies. The audio appeared

consistent with rounds being fired from a hand-gun or revolver not a shot gun.

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Officers responded to the area of Jean Ave and Dry Creek Rd. Sgt Rosin observed a male black adult

in the front yard of 1169 Jean Ave. The male had a back pack and quickly entered into the front door

of 1169 Jean Ave. He was not seen outside 1169 Jean Ave again that night. Marlon Williams exited

the home and spoke with officers. He denied hearing gun fire in the area and/or having it come from

1169 Jean Ave. He denied officers consent to search the front, back, or side yards or the interior of

1169 Jean Ave. He identified the resident as Arthur Williams, a male, approximately 43 years old

but informed us that Arthur Williams was not home therefore we were unable to speak with him. He

identified the male whom Sgt Rosin observed walk into the home as Kadeem Dggan, a male,

approximately 23 years old. We asked Marlon Williams to speak with Kadeem Dggan however

Dggan never came out of 1169 Jean Ave after Sgt Rosin watched him enter through the front door.

The fence along the front of the eastern side of 1169 Jean Ave had been extended in height by

several pieces of wood.

Sgt Rosin and I responded to 4029 Dry Creek Rd where we contacted resident Jose Soto. Soto

advised he heard the gun shots and believed they were coming from behind his home as he

pointed towards Jean Ave. Soto granted us consent to search his yard which was done with

negative results for any evidence of a shooting. While in the back yard of 4029 Dry Creek Rd I

could smell a strong odor of what I recognized to be marijuana coming from the rear fence line

(western fence) of 4029 Dry Creek Rd. This is the fence that 4029 Dry Creek Rd and 1169 Jean

Ave have in common however this would be the side yard (eastern fence line) of 1169 Jean Ave

where it is the rear fence of 4029 Dry Creek Rd. As Sgt Rosin and I got closer to the fence line I

could see what I recognized to be marijuana plants growing over the top of the fence line. I could

also see white/opaque plastic fashioned in a manner that appeared it was acting as a green house.

Sgt Rosin and I responded back to 1169 Jean Ave where the resident, Arthur Douglas, had

arrived and was being contacted by other officers on the sidewalk. Douglas identified himself as

the owner and one of the residents of 1169 Jean Ave. Douglas denied any gun shots being fired

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from his home or yard and informed me that he lawfully owns a shotgun that was inside the

home. Douglas initially denied officers consent to search his yard and/or home. He then granted

officers consent to search his yard but denied officers consent to search his home. Prior to

searching the yard of 1169 Jean Ave, Douglas informed officers that he has a marijuana grow in

his back yard and that he has a medical marijuana license. No documentation for the medical

marijuana was produced to officers while on scene nor was there any documentation posted on

the property. Douglas unlocked his drive-way gate and escorted officers to his side yard where he

opened the gate for us.

Almost immediately as I walked through the side yard of 1169 Jean Ave I observed mature

marijuana plants towering over me. There were potted mature marijuana plants throughout the

back yard. At times I was unable to navigate through the yard without bumping into plants or

having to bend down to get between or around plants because size and lack of space in between

the plants. It is estimated that there are no less than 30 mature plants that have been harvested,

are in the process of being harvested, and/or are ready to be harvested in that they have a large

amount of marijuana buds on them.

I observed an out building which was found to be unlocked which was in yard area of where Mr.

Douglas gave us consent to look. Officers saw illuminated lighting equipment and immature

marijuana plants. There was a second door on the outbuilding (also in rear yard area where Mr.

Douglas allowed us to look) which led into a small dark room. The room had several marijuana

branches hanging upside down. This room is believed to be their drying room. As I continued

through the back yard I located a small digital scale sitting on top of opaque white bucket.

Through the side of the bucket I could see a liquid filled several inches from the bottom of the

bucket. Floating in the liquid was what I believed to be marijuana buds. The scale and bucket

were near the back door of 1169 Jean Ave.

I also located the white plastic I believed to be acting as a green house on the eastern side of the

home. Inside this greenhouse I observed approximately twenty medium sized marijuana plants.

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I was unable to locate any casings or evidence of a shooting while searching the back yard

however the area was dark and the ground was difficult to see because of the overcrowding of

potted marijuana plants.

Based on the aforementioned facts, your affiant believes that there is marijuana cultivation and/or

evidence of marijuana cultivation at 1169 Jean Ave.

Based upon my training and experience and speaking with more experienced narcotics

investigators, I know that marijuana plants usually take between one and four months to grow to

full maturity. I know that indoor marijuana growers utilize 1000 watt type lights or natural

sunlight. These indoor lights are used to substitute for natural sunlight. As the marijuana plant

matures, the marijuana grower will trim them on an ongoing basis. This is done to facilitate a

more rapid and vigorous growth of the marijuana plant(s) and to provide the marijuana growers

with marijuana for their own consumption. This dried marijuana will be kept within the

residence, vehicle(s), and/or upon the persons of the marijuana growers themselves, or may be

discarded or destroyed. Furthermore, I know that persons who cultivate marijuana will distribute

marijuana they produce to other persons for profit. They will also transport the marijuana they

distribute in vehicles they own or have control over.

Based upon my training and experience and speaking with more experienced narcotics

investigators, I know that marijuana growing operators will grow the marijuana plants in various

stages of maturity. Some marijuana plants will be growing nearing maturity, while in separate

areas younger plants will be also growing. In this manner, the marijuana grower may shorten the

time between marijuana harvests while producing more marijuana in a smaller space. During the

service of previous search warrants, I have found at least two stages of marijuana being grown at

the same time.

Based upon my training and experience and speaking with more experienced narcotics

investigators, I know that persons who grow and distribute marijuana utilize miscellaneous

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written documents, such as published books and magazines concerning marijuana manufacturing

and sales, written records concerning the perpetrators cultivation of marijuana, account ledgers

dealing with profits and losses associated with growing/distributing marijuana, growing

schedules, documents, concerning profitability and other such documents and written records.

These written records and documents are normally discovered during the execution of a search

warrant upon the premises owned or controlled by the marijuana grower, upon their persons,

and/or within vehicles they utilize and are of evidentiary value.

Based upon my training and experience and speaking with more experienced narcotics

investigators, I know that miscellaneous equipment and paraphernalia such as drying racks,

plastic bags, watering tanks, common gardening tools, and other such equipment are used in the

outdoor manufacturing of marijuana. Also, such drug paraphernalia as scissors, scales,

packaging materials, and other such items are used in the processing of marijuana. Those items

of equipment and paraphernalia are normally found within the residence, vehicles, and/or within

the curtilage of those premises associated with the growing of marijuana and are of evidentiary

value.

Based upon my training and experience and speaking with more experienced narcotic

investigators, I know that marijuana is a valuable cash crop. Persons will manufacture and

distribute marijuana to obtain substantial proceeds from their illegal enterprise. Those persons

will obtain and retain their illegally acquired wealth by purchasing properties, vehicles and other

such items of value. They will record their financial activities in writing and also retain those

valuable illegally obtained proceeds hidden within their residences, outbuildings, as well as

within safety deposit boxes, safes, upon their persons, or in other such secure locations which

require keys or other such means to gain access. Furthermore, they will protect their controlled

substances, illegally acquired wealth and their persons by the possession and possible use of

firearms. All of these items are located within the premises, vehicles or locations owned or

controlled by the perpetrator, outbuildings, the curtilage associated with the premises, and upon

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the persons of those perpetrators located upon the premises during the execution of a search

warrant are of evidentiary value.

Based upon your Affiant's training, experience and conversations that your Affiant had with other

Law Enforcement Officers and/or reports that your Affiant has read, your Affiant knows that during

the service of this Search Warrant there are many articles of personal and/or business property tending

to establish the identity of persons who have dominion and control over the premises, business,

vehicles, and/or items to be seized. Your Affiant believes that these items will tend to connect the

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

being investigated. It is 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 will therefore likely still be

found in the location.

Affiant is working in conjunction with technology called Shot Spotter. Shot Spotter combines

wide-area acoustic surveillance with centralized cloud-based analysis to provide a gunfire alert

and analysis service that is immediate and accurate. Shot Spotter uses multiple collaborative

acoustic sensors that activate when gunfire occurs, providing comprehensive outdoor coverage

over complex urban geographies. When there is a shooting outdoors, Shot Spotter sensors and

software triangulate and pinpoint the precise location of each round fired within seconds.

Detailed incident data is immediately sent to SST Incident Review Center, Shot Spotter’s secured

processing and alert qualification facility. Immediately, an SST gunfire and acoustics expert

analyzes the data and qualifies the incident. Once validated, an alert is sent to dispatch centers

and directly to field personnel through computer or mobile device with access to the Internet, all

in under one minute.

Key Features of Shot Spotter

-Used by Law Enforcement since 1996

-Constant, 360-degree wide-area acoustic surveillance throughout the coverage area.

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-Immediate alerts when no one calls 9-1-1.

-Precise location including latitude/longitude, street address.

-Number and exact time of rounds fired.

-Identification of fully-automatic or high-capacity weapons.

-Identification of multiple shooters.

-Shooter position, speed and direction of travel (if moving).

-Detailed forensic data for investigation, prosecution, analysis.

-Reliability, Shot Spotter is able to pinpoint the location of the shots being fired to within

25 meters for a single shot with 80% accuracy.

-Shot Spotter makes an audio recording of the shots when they are fired.

On October 12, 2015, your affiant utilized, Sacramento Police Records, DMV, and County Web

KPF to determine who resides at the residence of 1169 Jean Ave. Affiant determined that the

following people currently reside at that address:

Arthur Douglas 7-23-72, XREF# 323619 (contacted at residence)

Marlon Junior Williams 8-2-92, XREF# 4828913 (DMV returns to 1169 Jean Ave)

Marlon Williams 6-7-72, XREF # none located (contacted at residence)

On October 13, 2015, your affiant queried the DOJ Firearms database and found no firearms

registered to the three individual named above.

On October 13, 2015, your affiant generated a map with the Shot Spotter program that shows the

activation received to 4029 Dry Creek Rd on 10/11/15 at approximately 2132 hours.

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Based on affiant’s training and experience, affiant knows that people who fire guns illegally

within the city limits will often fire them from outside of their own homes. They do this as a way

of either showing off the gun to a friend, family member or associates, test firing them before

selling them to someone else, protect their illegal activities which include but are not limited to

narcotic sales and/or marijuana cultivation, processing, and/or sales, and/or they use the gunfire

as a way of letting other people in the neighborhood know that their residence (and marijuana

grow) is protected and they have guns inside the residence.

Based on your affiant’s training and experience, I know that a marijuana grow operation of this

size will produce a significant amount of finished marijuana. This large amount of marijuana can

be worth a lot of money if sold illicitly on the street or to a dispensary. Investigators have found

that during the growing season around harvest time (April and October), we have an unusually

high number of home invasion robberies or burglaries where the suspect(s) are targeting the

marijuana grow operations. We have also found that the marijuana gardeners are often armed

and firing gunshots to protect their legal/illegal marijuana grows. These gunshots are often in the

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air, or at suspect(s) and put the community at risk in these urban residential neighborhoods. It is

my professional opinion that the use of firearms in this situation would be defined in 246.3 of the

Penal Code.

Based on your affiant’s investigation so far, whoever discharged the weapon on October 11, 2015

violated 246.3 California Penal Code, reckless discharge of a firearm.

Based on my training and experience I know that persons who possess firearms or ammunition

may often possess those items for long periods of time because they may not legally be able to

acquire other firearms. There items can be found in the areas described in this affidavit for

months and often years after their initial acquisition.

Additionally, persons that are found in possession of ammunition will often have additional

ammunition in their residence or a firearm that uses the caliber of ammunition located in their

possession.

It has been my experience and the experience of other skilled investigators whom I have spoken

with that persons who possess firearms often possess the following firearm related evidence: gun

locks, gun cases, holsters, gun safes, repair and cleaning kits, speed loaders, magazines,

ammunition belts or pouches, targets, expended shell casings, spent bullets, scopes, gun sights,

original gun packaging boxes, ammunition boxes, receipts and credit card statements showing

the purchase of firearms or any firearm accessories. Business cards from gun stores or places

which sell firearms, ammunition or firearm accessories. Receipts, business cards or flyers from

gun ranges or other shooting facilities, gun shows, or other gun events.

Based on my training and experience I know that firearms and firearm related items may be

stored at the suspect’s primary residence and/or vehicle(s), and/or the residences of the suspect’s

associates, parent(s), family members, boyfriend and/or girlfriends, co-conspirators and/or their

vehicle(s).

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Based upon your Affiant's training, experience and conversations that your Affiant had with other

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

subjects involved in criminal activity regularly use cellular telephones and cellular telephones’

features i.e., text-messaging, photos, etc., to communicate with other parties involved in criminal

activity. It is my belief that a search of any seized cellular telephones will show communications

between the suspects and may identify other co-conspirators.

Based on my training and experience I know that cellular phones are capable of being used to

send and receive text messages, photographs, short videos, other electronic data and voice

communication. I also know that cellular phones contain internal memory which can store

records of received, dialed, and missed calls on that particular phone. That cellular phone

memory also stores downloaded ring tones, data downloaded from the internet, pictures, text

messages, phone books, date books, address books and other data, and that many users will

program the phone with personal information to identify the owner of that particular phone.

I also know that cellular phones are equipped with Subscriber Identity Module (SIM) cards. A

SIM card is a removable chip inside a cellular phone that contains information such as the user’s

phone number, phone book as well as other information related to the subscriber.

I know that a forensic examination may be performed on a cellular phone and the SIM card to

retrieve information. I also know that cellular phones save and delete information on both the

internal memory and SIM card and even though an item may have been deleted it is still possible

to recover the deleted files. It takes specialized training and experience along with software and

hardware to perform a forensic examination and analysis of a cellular phone to retrieve this

information, but a forensic examiner may be able to recover evidence such as photographs, text

messages, videos, phone books, call history and the geographical location of the cell phone

during certain phone calls by doing a forensic examination.

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I request that the search warrant authorizes the seizure and analysis of any cellular phones and

SIM cards.

Based on my training and experience, I am aware that persons involved in drug trafficking

commonly use computers and computer equipment to conduct and facilitate their illegal activity.

They will use computers and computer equipment to store customer lists, customer and drug

sales information, inventory information, profit records, and accounts receivable (pay/owes).

Therefore, I request authorization for officers to search computers and computer equipment as

listed in this search warrant that may be found at 1169 Jean Ave.

Based on the above information, I believe marijuana is being cultivated and processed out of

1169 Jean Ave. I believe the subjects who are associated with this residence are involved in the

illegal sale and/or distribution of marijuana.

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REQUEST FOR NIGHT SERVICE ENDORSEMENT:

Your affiant has conducted a careful review regarding the service of this search warrant. There is

an elementary school (North Ave Elementary School) that is within a very short distance of this

residence. Officers have contacted the school and discovered that staff and/or children will be on

sight no later than 0715 hours. If officers were to serve this warrant at the first available time

frame of 0700 hours, it is entirely possible that the occupants of the school might in harms way if

the service did not go as planned. Therefore, based on this public safety issue, I am respectfully

requesting that this warrant be authorized for night service. It is our intention to serve this

warrant at approximately 0600 hours which would provide additional safety to the public and a

minimal disruption to the occupants of 1169 Jean Ave.

Based on the information contained in this affidavit, I request that a search warrant be issued for:

THE PREMISES KNOWN AND DESCRIBED AS:

1169 JEAN AVE, SACRAMENTO, CA 95838

I have personally observed 1169 Jean Ave which is located in the City and County of

Sacramento. 1169 Jean Ave is located on the north side of Jean Ave between Dry Creek Rd and

Haywood St. 1169 Jean Ave is a single story, single family dwelling. The front door faces south

toward Jean Ave and is protected by a black security screen. The front door is on a patio that is

raised with one step. The front patio has brick pillars. I did not observe any numerals on the front

of the house. The drive-way is located on the east side of the front yard and is enclosed by a

chain link gate. The house is green with a dark colored trim. The side yards are protected by a

wooden fence. The eastern side of the fence has been extended higher by several pieces of wood.

Also to include all attics, basements, and other parts therein, and surrounding grounds, garages,

out buildings, storage sheds, storage lockers, safes, garbage cans, containers, and out buildings of

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any kind located or belonging to the premises of 1169 Jean Ave.

In the event that law enforcement officers encounter safes, locked cabinets, or other secured

containers at the location(s) or in vehicle(s) listed in this search warrant, it is the direction of this

Court those officers or their agents access those items to search for evidence listed in this search

warrant. Officers are authorized to use the assistance of a locksmith or other experts to open

locked safes or storage containers. Officers may remove the safe or storage container to a

location where it can be opened at a later date.

**PHOTO FROM 2014**

THE FOLLOWING PERSONS:

(1) DOUGLAS ARTHUR, DOB 7-23-72, male, black, 5’7 and 130 pounds, XREF:

3239619

(2) MARLON WILLIAMS, DOB 8-2-92, male, black, 5’7 and 130 pounds, XRF: 4828913

(3) MARLON WILLIAMS, DOB 6-7-72, male, black, 5’5 and 130 pounds, XREF: none

THE FOLLOWING VEHICLE:

California license number 5BTP457, registered owner Douglas Arthur, 1169 Jean Ave,

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Sacramento, CA. 95838

California license number 3BKP648, registered owner Marlon Williams, 1169 Jean Ave,

Sacramento, CA 95838

Any and all vehicles found to be in under care and control of THE OCCUPANTS at time of the

execution of the search warrant, as evidenced by DMV registration, victim, suspect, or witness

statements as to actual use or possession of vehicle(s), or possession of vehicle key(s).

FOR THE FOLLOWING PROPERTY:

(1)

Marijuana; paraphernalia commonly associated with the possession, packaging and/or sale of

marijuana, such as pipes, sifters, alligator clips, baggies, scales and other weighing devices,

recordation of the purchase and/or sales of marijuana, including ledgers, notebooks, pay/owe

sheets, personal phone books, and/or personal photographs which document possession, sale

and/or possession for sale of marijuana.

Also, property or items utilized for the cultivation of marijuana, such as seeds, fertilizer,

irrigation devices, garden tools, growing containers, electrical devices which aid in the growth of

marijuana plants, such as timers, pumps, ballast, lights, climate control devices, generators, and

books or instructional manuals to aid in the growing of marijuana, firearms and other weapons,

as well as large sums of cash.

(2)

Items used to grow marijuana indoors, grow lights, ballasts, circulating fans, exhaust fans, light

canopies, electrical timers, light rails, circular light movers, hydroponic containers, grow

mediums, CO2 injection systems, fertilizers, and other miscellaneous items used to grow

marijuana.

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(3)

Marijuana or any parts thereof (such as living plants and dried processed matter) and

paraphernalia commonly associated with the cultivation, storage, sales and use of marijuana

(such as pipes, alligator clips, baggies, scales, and other weighing devices), lights, hoses, and

other paraphernalia used for growing marijuana, books, papers, recording devices, pay-owe

sheets, buyers lists, ledgers, and other items that can be used to record sale transactions.

(4)

Any items tending to establish the identity of persons who have dominion and control of the

location, premises, automobiles, or items to be seized, including delivered mail, whether inside

the location or in the mail box/s, bills, utility bills, telephone bills, miscellaneous addressed mail,

personal letters, personal identification, purchase receipts, rent receipts, sales receipts, tax

statements, payroll check stubs, keys and receipts for safe deposit box(s), keys and receipts for

rental storage space, keys and receipts for post office box or mail drop rentals, ignition keys, car

door and trunk keys, vehicle ownership certificates or “pink slips,” and/or vehicle registration

slips, recordation of voice transmissions on telephone answering machines, audio tapes and

telephone message receipt books, and written phone messages, and photographs tending to show

occupation of the residence / business and connection between co-conspirators, whether

identified,, answering machines, tape recorders, and any other recording devices, and to play such

devices to obtain their messages. Any examples of handwriting including letters, address books,

business records, canceled checks, notes, and/or lists.

(5)

Any spent casings, any miscellaneous gun/firearm pieces, ammunition, gun-cleaning items or

kits, holsters, ammunition belts, original box packaging materials, clips, magazines, cylinders,

targets, expended pieces of lead/bullets, any photographs of firearms, or any paperwork showing

the purchase, storage, disposition, and/or dominion and control over any guns, any ammunition,

or any of the above items.

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(6)

Cellular telephones to include SIM cards for each telephone. Cellular phones and to search said

cellular telephones for the following described digital data, to wit: data showing incoming and

outgoing calls, electronic address books, and stored voice mail messages, text messages,

photographs, pay-owes(notations of sales and who owes money),any of which may bear a form

of identification such as a person’s name, address, and telephone number, which could also be

used to determine dominion and control over said cellular telephones, and evidence of

cocaine/rock cocaine and methamphetamine sales. It has been my experience that retrieving data

from cell phones will require more than 10 days to process the items due to the necessity of using

forensic experts to retrieve the information.

(7)

Computers and computer systems, including computer records, whether on paper or stored on

magnetic media including information contained within a computer or computer system;

including computer hardware, software, and data, including central processing units, hard disks,

hard disk drives, tape drives, CD-ROM drives, display screens, keyboards, printers, modems,

magnetic tapes, zip drives, zip drive disks, files and documents in the form of optical media,

electronic media, computer manuals and resource books, computer cables and connections,

pieces of paper with computer passwords, computer network addresses and codes, and floppy

disks, found together or separately from one another.

With respect to cellular phones and computers any items listed above found during the execution

with this Search Warrant, the searching Peace Officers are authorized to seize and book said,

electronic storage devices, storage media, cellular telephones, and any items listed above and

transfer them to a Law Enforcement Agency location prior to commencing the search of the

items. Furthermore, said search may continue beyond the ten-day period beginning upon

issuance of this Search Warrant, to the extent necessary to complete the search on the cell phones

and any items listed above.

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(8)

Any and all firearm(s) that are capable of firing any and all casings located on the property.