STATE OF CALIFORNIA - COUNTY OF SANTA CLARA, SW No. Yo? | RETURN TO SEARCH WARRANT Of. Sean Pierce #3415 . being sworn, says that he/she conducted a search pursuant to the below described search warrant: Issuing magistrate:_ The Honorable Judge Griffin Bonini Superior Court, County of Santa Clara Date of Issuance;__ 12-17-2014. Date of Service:_ 12-17-2014. and searched the following location(s), vehicle(s), person(s); San Jose Police Department 201 West Mission St. San Jose. Ce Fil E Dz ae 2 = a and seized the items*: . ___ described in the attached and incorporated inventory. X__ described below: 1, Camera Surveilance 2. White and Gold Iphone | further swear that this is a true and detailed account of all the property taken by me pursuant to the search warrant, and that pursuant to Penal Code sections 1528 and 1536 y will be ryfjined in my custody, subject to the order of this court or any other court in which the offenge in respect to which the seized property is triable. (sovised 12-03-08)““STATE.GE.GRLIFORNIA - COUNTY OF SANTA CLARA, SW a bf | SS SEARCH WARRANT THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY PEACE OFFICER IN THE COUNTY OF SANTA CLARA: Proof by affidavit and under penalty of perjury having been sworn to this day before me by San Jose Police Officer Sean Pierce #3415 that there is probable cause for believing that the property and/or person described below may be found at the location(s) set forth below and is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by “x"(s) in that it: ___was stolen or embezzled 3c was used as the means of committing a felony ~~ 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 ___ tends to show that sexual exploitation of a child, in violation of Penal Code 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 occurred or is occurring ___there is a warrant to arrest the person; YOU ARE THEREFORE COMMANDED TO SEARCH: The property in the possession of the San Jose Police Department located at 201 West Mission St. in San Jose Ca., which were obtained by a Search Warrant. FOR THE FOLLOWING PROPERTY: 1. Camera surveillance DVR Model LTN8716-P8 SN: 84014083VX00155, Because of time and expertise required to extract and review such computer storage systems, said items may be seized and be forensically examined at the police facility or other location designated for such purpose, so as to minimize the intrusion into the property to be searched; 2. White and gold Iphone with an IMEI #352065061943921, for emails, texts, contacts, videos and pictures, Because of time and expertise required to extract and review such computer storage systems, said items may be seized and be forensically examined at the police facility or other location designated for such purpose, so as to minimize the intrusion into the property to be searched;ST TE OF GAL NIA - COUNTY OF SANTA CLARA, SW wo tlor7 | re be Oo AFFIDAVIT San'f6ie Police Officer ‘Seaipierce #3415 swears under penalty of perjury thatthe facts expressed by hiner in the attached and incorpor® ‘Statement of Probable Cause are true and that based thereon he/she has probable cause for believing and does believe thal the PROPERTYIPERSON TO BE SEIZED, described below, I lawfully seizable pursuant to Penal Code Section 1524, in that: SwiNiwas stolen or embezzled %K_It was used as the means of committing a felony itis possessed by a person with the intent to use it @s means of committing a public offense or is possessed by another to whom he or she may have delivered ifr the purpoce of concealing itor preventing ts discovery X_Ittends to show that a felony has been committed or that a particular person has committed a felony ___ It tends to show that sexual exploitation of a child, in violation of Penal Code Section 311.3, or possession of matter depicting sexual conduct of a person under the age of 18 years, in violation of Section 311.11, has occurred or is occurring _____ there is a warrant to arrest the person; ASA! and is now located at ‘THE FOLLOWING PREMISES AND LOCATION(S): ‘The property in the possession of the San Jose Police Department located at 201 West Mission St. in San Jose Ca., which were obtained by a Search Warrant. FOR THE FOLLOWING PROPERTY: 1, Camera surveillance DVR Model LTN8716-P8 SN: 84014083VX00155, Because of time and expertise required to extract and review such computer storage systems, said items may be seized and be forensically examined at the police facility or other location designated for such purpose, so as to minimize the intrusion into the property to be searched; 2. White and gold Iphone with an IMEI #352065061943921, for emails, texts, contacts, videos and pictures. Because of time and expertise required to extract and review such computer storage systems, said items may be seized and be forensically examined at the police facility or other location designated for such purpose, so as to minimize the intrusion into the property to be searched; FOR PROBABLE CAUSE, PLEASE SEE “EXHIBIT A” (PROBABLE CAUSE STATEMENT), ATTACHED HERETO AND ENTIRELY INCORPORATED HEREIN BY REFERENCE, Wherefore, he/she requests that this Search Ws NIGHT SEARCH REQUESTED: YES [ ] NO. |OBBS SEALING REQUESTED: YES [ ]NO [.}— LEA (2x [Signature(s) of Affiant(s)] (revised 12-10-08) D#__AUTHORITY TO CONDUCT SUBSEQUENT FORENSIC SEARCH With respect to any computer devices or items related to the operation of such devices found during the execution of this search warrant, such are to be removed to the offices of the San Jose Police Department or other appropriate and secure law enforcement forensic computer examination facility with the necessary equipment to conduct the search safely and efficiently, where the search of the contents, including files, documents, data, data images, software, operating systems, deleted files, system configurations, dates and times, e-mails, and data in unallocated and slack space or otherwise present in any device capable of storing data will be conducted, AND TO SEIZE IT/THEM IF FOUND and bring it/them forthwith before me, or this court, at the courthouse of this court, and to hold such property in your possession under California Penal Code 1536 or, in the alternative, to institute Federal or State asset forfeiture proceedings against any and all assets seized during the execution of this search warrant and believed to be used in the manufacturing, production or distribution of child pornography. ‘This Search Warrant and incorporated Affidavit was sworn to as true before me this 7 day of t Cre nt 20(y, at_loue { A wh P.M. Wherefore, | find probable cause for the issuance of this HOBBS SEALING APPROVED: YES[ ] NO [X] NIGHT SEARCH APPROVED: YES[ ] NO[X] revised 12-10-08) Di#tSUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CSUH4WTT | STATE OF CALIFORNIA ) { nm 18s. PROBABLE CAUSE srasensr m i COUNTY OF SANTA CLARA) AFRIANT EXPERTISE I, Officer Sean Pierce, am a certified California Peace Officer employed as an officer with the San Jose Police Department since 1997. Since November, 2011 I have been assigned to operate in an undercover capacity on the Intemet by San Jose Police Department's Internet Crimes Against Children (ICAC) Task Force for the purpose of identifying and investigating persons attempting to exploit or solicit sexual acts with children, I have three prior years experience in the same above mentioned unit from March, 2001 to March, 2004. Thave received the following trai ing in Child Porography, Child Sexual Exploitation, Child Molest Investigations and Sexual Assault investigations: 2001 Sexual Assault Investigations San Jose State University San Jose, Ca (40 hours) 2002 California Sexual Exploitation San Jose, Ca. (20hours) 2002 Child Sexual Exploitation Investigations San Jose, Ca (36 hours) 2002 Basic Data Recovery and Analysis Regional Computer Forensics Lab Menlo Park, Ca, (36 hours)2003, Internet Crimes Against Children National Conference Dallas, Tx (40 hours) 2007 Internet Crimes Against Children Northern California Conference San Jose, Ca (40 hours) 2009 Sex Offender Management and Accountability Symposium Community Oriented Policing Baltimore, Maryland (24 hours) 2009 Image Sean Training Regional Computer Forensics Lab Menlo Park, Ca. (6 hours) 2009 Child Sexual Predator Program (24 hours) 2011 ICAC P2P Investigations Training Program Regional Computer Forensics Lab Menlo Park, Ca 20 hours 2012 ICAC P2P Investigations Boca Raton Florida 32 hours 2012 ICAC ICAC P2P Train the Trainer Boca Raton Florida 40 hours 2012 ICAC P2P Round Up trainingRegional Computer Forensies Lab Menlo Park CA 40 hours 2012 Crimes Against Children National Conference Dallas TX. 40 hours 2013 ICAC P2P Round Up Regional Computer Forensics Lab Menlo Park CA. 40 hours 2013 ICAC P2P Bittorrent Connecticut State Police Lab 40 hours 2013, P2P Edonkey San Jose Police Department San Jose CA 40 hours 2013 ICAC Undercover Investigations Dallas TX. 40 hours. 2013 OS Triage Fox Valley Tech College Menlo Park 16 hours 2013 Crimes Against Children Conference Dallas TX 40 hours 2014 ICAC P2P Gigatribe Regional Computer Forensics Lab Menlo Park, CA 16 hours 2014 Lantern iS Forensics Menlo Park, CA.16 hours 2014 ICAC Regional Conference Garden Grove, CA 24 hours 2014 ICAC P2P Freenet Network Investigations ‘Tampa, Florida 40 hours I know that based on my training and experience that during sexual assaults it is common for bodily fluids to be transferred from one person to another. | also know that the same bodily fluids can be transferred onto bed sheets and blankets. SUMMARY OF CURRENT INVESTIGATION On 12-13-14 V-1 was at her friends house in Almaden Valley drinking before she took a cab to the Willow Den Bar on Lincoln Ave. in San Jose Ca. with four of her friends drinking. She stated she arrived there at 10:00 p.m. and drank 2 Belvederes and Soda. She stated that she was drinking with her four friends’ and S-1 and his 3 friends. She started to feel dizzy and sick after her second drink and ‘wanted to go home. She stated that she called a cab, but her friends told her that they would take her home. She got in the car and they left along with S-1, who she identified as Ray McDonald and his, friends. She stated that her and her friends and s-1 and his friends drove separately. She stated that she ended up at Ray McDonalds house located in Silver Creek Country Club. She stated that they were drinking in his bar, which she described as being upstairs. She remembered being out by the pool when she fell and hit her head on the ground. She stated she next woke up the next morning naked in bed with S-1. She asked S-1 what happened and he told her that she was just tired so he let her sleep in his bed. She stated that her friend called her during the day to check on her and told her that she was making out with $-1 on his couch, which she has no memory of. She stated that she was alone with S-1 until one of his friends showed up by the name of Aldon Smith. She stated that the three of them went to the store and bought some Vodka and Cranberry juice and started drinking again at his house and remained there ‘until later in the night. She stated that he started telling her about his Domestic Violence case that he recently went through. She decided to asked him again what happened and he told her that they did have sex. She asked him why he was lying to her and he said that he didn’t want to get accused of something crazy like rape. She stated that she has no recollection of having sex with S-1. She stated she did not give $-1 consent to have sex with her. she asked s-1 several times during the day what hadhappened the night before and he would tell her until the last time she asked. She stated that one of the girls that she did not know from that night texted her. She told her that she got her number from a friend. She asked her if she was ok and she was worried about her because she hit her head so hard when she fell. She stated that she only found some of her clothing the morning she woke up. She stated that she is missing her top that she was wearing and her watch. On 12-16-14 at 1000 hours $-1 texted V-I and told her that he found her watch. I explained to her the concept of a pre-text text, which she agreed to do. The following is a portion of the Text conversation between V-1 and S-1. The second portion is text conversation between s-1 and Set. Lombardo. V-1 had stated that she was ok with us responding to S-1’s text on her behalf. S:I found your watch” \V: I'm glad you found my watch. Did you find my top too?” S:“I didn’t find your top” V: “Damn. Thanks for having me over though.” S:"Do you want your watch?” V: "Yes please” S: Want to come get it tomorrow?” V: Yeah, I’m sure we can work something out, But hey, I meant to ask you yesterday if you wore a condom when we hooked up.” S; “We'll talk about that when I see u tomorrow” \V: “I need to know for sure because | nced to know if I should take the morning after pill.” V: “You there?” V: “I'm at the store, I need to know if I should be buying the morning after pill.” ‘The remainder of the conversation is between S-1 and Sgt Lombardo. S: “Yes, get the morning afer pill” V: “Ugghh :( that’s not cool” S: "Shit just happened Kylie.” S: “We were just enjoying the moment.” V: “I don’t even remember anything. [ don’t know how I could’ve been enjoying anything. My friggin head hurts!” \V: “Wats your address? I’m gonna have my friend drive me there” S: I won't be home for a while” ‘V: “Is there someone that can give me my stuff?” S: “I'm going to get u your stuff Kylie....1 can drop your watch off to u on my way home from work...Where do you want me to bring it” \V: “I'm just really bothered by all of this. I don’t really want to see w right now” S: I don’t understand why you're bothered, U chose to stay with me for another day” V:“Yeah but u shudve had sex with me afier I was knocked out! I cudve died! Are you a expert on head injuries now? The more I think about it, the madder I get. But, don’t worry, I’m not going to say shit.” V:“ I meant that u shud not have had sex. Stupid autocorrect” $: I didn’t do anything wrong. Like u told me before u started coming on to me” S: “Like I V: “How can I come on to w if was drunk and woozy from hitting my head? U know better than that”S: “Because u did Kylie” V: “A real gentleman wud know that u don’t take advantage of a woman wen they are like that. I thought you were a nice guy. Guess I was wrong” S: “Ok so now it seems like you're trying to set me up. Listen u stayed with me all day yesterday so 1 don’t know what point you're trying to make by saying all this stuff” Vs “The only point I’m making is that I didn’t think it was cool. I'm not trying to set u up. I just have a raging headache and things didn’t go the way I wanted them to” S$: Tfelt like we had a real connection and we actually like each other.” V: “I don’t know. Maybe we need to start over. I just feel like everything is a blur and now I’m tripping on maybe being pregnant.” $:“U won't be if you take the pill...i’s up to forty eight hours... meant seventy two” On 12-16-14 at approximately 2100 hours I served a Search Warrant signed by the honorable judge Griffin Bonini of the Santa Clara county superior court at 2516 Bentley Ridge Drive, San Jose, CA, 95138 . S-1 was stopped prior to the execution of the search warrant leaving the residence. S-1 stated he wanted to speak with a lawyer, but spontaneously stated that the whole incident was caught on his internal video system and was on his DVR in his room. On 12-16-14 at approximately 1122 hours I authored a second Search Warrant and seized the surveillance DVR. $-1's cell phone, Which the above pre-text text was conducted on was also collected via the Search Warrant. I know based on my training and experience that DVR surveillance equipment continually records and saves the data for certain periods of time. I also know that Cell Phones also save and archive information even if the information is deleted. All of the materials requested for seizure will assist in the investigation and provide evidence that will tend to show that the person under investigation has committed a Felony, to wit: Penal Code Sections 261(a)(3) I therefore believe that evidence of the commission of Felonies and items used in the commission of Felonies, to wit: violation of California Penal Code section 261(a)(3) Rape by intoxication, will be located where described above. Based upon the above facts, I request that a daytime search warrant be Sean Pierce Affiant Subscribed and gvorn to before Me phis (7. ay Hague GRIFFIN M.J. BONINI