Post on 19-May-2018
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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.