1 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO 4 ) STATE OF CALIFORNIA ) DECLARATION IN SUPPORT OF ORDER ) COUNTY OF SAN BERNARDINO ) TO PRODUCE RECORDS --) ) AFFIDAVIT IN SUPPORT OF AN ORDER OBTAINING GLOBAL POSITIONING SYSTEM (GPS) TRACKING AND/OR CELLULAR SITE DATA I. INTRODUCTION I, Corporal Rudy Lopez, declare I am a Police Corporal with the City of Ontario Police Department, and have been so employed since April of 0. Prior to that, your affiant was a Deputy Sheriff wit the Los Angeles County Sheriff's Department for a period of two years. Prior to that, your affian was a Custody Assistant with the Los Angeles County Sheriff's Department for a period of one year. Your affiant is currently assigned to the Ontario Police Department Patrol Division. Your affian 1 attended the Los Angeles County Sheriff's Academy in December of 1. 'vvhiie aiiending ih academy, your affiant was trained in the investigation of crimes against people and handling 0 evidence. Your affiant spent weeks with senior field training officers and was trained how t 1 investigate crimes against people, property, drug related and gang related criminal offenses. You affiant was also trained in the handling of evidence, including the preservation of a crime scene and evidence processing. Additionally, your affiant has spoken and worked with senior investigators wh have many years of experience in crimes against people, property, drug related and gang related investigations. I have interviewed suspects and questioned them on how they commit these crime and what they do with weapons and property after the fact. Your affiant was assigned to the Ontari Police Department Gang Suppression Unit from March of 0 to January of 0. During tha time, your affiant investigated over 0 cases involving crimes against people, property and gang related crimes. Your affiant also wrote over 0 search warrants. I have conducted over violent felony fugitive investigations, in which the fugitives were ultimately located and apprehended. Affidavit in Support of,a,pplication Page 1 of - 4 -
1 conducting these investigations, I have utilized a variety of investigative techniques and resources, including physical and electronic surveillance and various types of informants and cooperating sources. Through my training, experience, and interaction with experienced agents, and othe 4 investigators, I have become familiar with the methods employed by fugitives. 1 1 II. TARGET TELEPHONE T-Mobile Communications cellular phone number (.) III. PURPOSE OF AFFIDAVIT Your affiant requests the following property, to wit: All telephone company subscriber information, listed name and address(es), toll call records, including telephone numbers and Direct ConnectiPush-to-Talk numbers, billing statements, credit information, and records of customer service for the Target Telephone from 0 at 0001hrs. to 0 at hrs. Your affiant also requests the authorization to obtain and receive cell site data and/or global positioning system (GPS) location information and GPS tracking coordinates including cell site location (physical address) of call initiation, call termination. and call progress locations (Automated Message Accounting Data) connected to the use of the Target Telephone without geographical limitations. related to the Target Telephone; and that law enforcement officers be given the authorization to use cell site data and/or GPS location information and mobile electronic tracking devices to locate and identify the user of the Target Telephone. IV. DURATION OF ORDER This affidavit is in support of an order for a period of 4 days from date of receipt by the telephone company. Unless otherwise terminated upon request of the applying agency or affiant. Page of - 4 -
1 V. STATEMENT OF PROBABLE CAUSE Based upon the investigation in this case, set forth in detail below, I assert that there is 4 probable cause to believe that the unknown male robbery suspect is fugitive from justice, and that his identity and location will be identified through GPS location information. On 0, at approximately 00 hours, the victim was walking alone eastbound on Riverside Dr. towards Haven Ave. from a party in Ontario. The victim was on his cellular telephone speaking with a friend. The suspect, described as a -1 year old Black male, approached the victim and said, "What's up essay? Where are you from?" The victim told the suspect he was not from the area. The suspect said, "Fuck Ontario Nigga" and pulled out a large kitchen style knife out of his right front pants pocket. The victim was in fear for his safety and tried explaining to the suspect that he was not from Ontario. The suspect said, "What you got on you? I'll stab you Nigga, I don't give a fuck!" The victim told the suspect he only had a cellular telephone. The victim pulled out the inner lining of his pants pockets to prove to the suspect he did not have any other propei1y. The suspect continually lifted the knife in and out of his right front 1 pants pocket during the incident. Out of fear of being stabbed, the victim gave the suspect his cellular telephone. The victim then ran to a nearby residence to call for help. The victim did not see where the suspect went. Several officers searched the area where the robbery occurred; 1 however, no suspects were located. This investigation has led me to believe that the unknown male robbery suspect is i possession of the victim's T-Mobile cellular telephone (.), described as a blac Samsung "Behold" slide-out cellular telephone.! knoll'! mobile cellular telephones make surveillance by law enforcement extremely difffcult, I if not impossible, because the location of the person using the mobile cellular telephone is often unknown. However, with the assistance of cell site data and/or GPS location information, law enforcement officers are able to locate and conduct surveillance of the user of the target telephone. Therefore, your affiant requests an order to obtain and receive cell site data and/or GPS location information related to the target telephone. - 4 - Page of
1 Thus, your affiant believes that there is relevant evidence related to an on-going criminal investigation is currently located in the record storage areas located at the business described and known as T-Mobile Communications. 4 VI. CONCLUSION Your affiant requests the Court to order the T-Mobile Wireless telecommunications company to provide all telephone company subscriber information, listed name and address(es), toll call records, including telephone numbers and Direct Connect/Push-to-Talk numbers, billing statements, credit information, and records of customer service for the Target Telephone from 0 at 0001 hrs. to 0 at hrs. Your affiant requests the Court to order the T-Mobile Wireless telecommunications company to provide cell site data and/or global positioning system (GPS) location information and GPS tracking coordinates including cell site location (physical address) of call initiation, call termination, and call progress locations (Automated Message Accounting Data) connected to the use of the Target Telephone without geographical limitations, related to the Target Telephone; 1 and that law enforcement officers be given the authorization to use cell site data and/or GPS location information and mobile electronic tracking devices to locate and identify the user of the Target Telephone. 1 Your affiant requests the Court to order the T-Mobile Wireless telecommunications compan not to disclose to the subscriber or any unauthorized person the fact that the court has authorized this order, or of its existence. Disclosure of the Declaration and Order could jeopardize an on-gain criminal investigation. It is expected that additional orders will be sought relating to this matter. I the information contained in the affidavit and in the related documents is made public, as in du course they normally WOUld, it would compromise the investigation and make it impossible t continue. Your affiant requests the Court to authorize law enforcement officers to use mobile electroni tracking devices to locate and identify the user of the Target Telephone. Your affiant requests that the Ontario Police Department, and others assisting be ordered t - 40 - Page4of
execute such order. 4 I declare under penalty of perjury that the foregoing is true and correct Executed at Rancho Cucamonga, California. 1 1 / Y Corporal Rudy Lopez Ontario Police Department Gang Investigation Unit Date:, I Judge of the Supen r Court County of San BERNARDINO, California Affidavit in SuppO!i of Application Page of - 41 -
1 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO 4 STATE OF CALIFORNIA ORDER TO PRODUCE RECORDS COUNTY OF SAN BERNARDINO ORDER FOR OBTAINING GLOBAL POSITIONING SYSTEM (GPS) TRACKING ANDIOR CELLULAR SITE DATA GOOD CAUSE appearing therefore, IT IS HEREBY ORDERED: TARGET TELEPHONE 1 1 T-MOBILE Wireless telecommunications company any and all telecommunications providers subject to regulation by the Federal Communications Commission to provide telecommunications services within the United States of America, as listed on an ongoing basis on FCC Form 4-A (hereinafter referred to as "Telecommunications Companies"), Internet Service Providers (hereinafter referred to as ISP), or Voice Over Internet Protocol Providers (hereinafter referred to as VOIP) and any other service provider shall: Provide the following property, to wit: All telephone company subscriber information, listed name and address(es), toll call records, including telephone numbers and Direct ConnectiPush-to- Talk numbers, billing statements, credit information, and records of customer service for the Target Telephone from 0 at 0001hrs. to 0 at hrs. Provide the following, to wit: All cell site data andlor global positioning system (GPS) location information and GPS tracking coordinates including. cell site location (physical address) of I call initiation, call termination, and call progress locations (Automated Message Accounting Data) connected to the use of the Target Telephone without geographical limitations, related to the Target Telephone; and that law enforcement officers be given the authorization to use cell site data andlor GPS location information and mobile electronic tracking devices to locate and identify the user of the Target Telephone. Page of - 4 -
1 4 Provide the following, to wit: Any and all technical assistance necessary to accomplish thi order unobtrusively and with a minimum of interference with the services said company provides th people whose communications are to be intercepted, and to provide records identifying subscriber and providing subscriber information on any and all telephone and Direct Connect/Push-to-Tal numbers identified through this pen register/and any changed numbers whether published or not, including, but not limited to past telephone bills and records. DURATION OF ORDER Order obtaining GPS Tracking and/or cellular site data shall be granted for a period of 4 days from date of receipt by the telecommunications company. Unless otherwise terminated upon request of the applying agency or affiant NON-DISCLOSURE T-Mobile Wireless Telecommunications Company and any and all telecommunication providers shall not disclose to the subscriber or any unauthorized person the fact that the court ha authorized this Order, or of its existence. 1 1 Date: Judge of the S Eirior Court County of San Bernardino, California THIS COt/!..T OF COI'1{J T. ),,'...;vr:r;,st:;r.cr:ron NAS FDUN!::o, SPE:e-IFxC AriD A p:rx('ejlaiste r=a-t:ts SiJFFI-c:r NT TO r:of../'1 A- (. AS'O,JA(!,LE (, o:. 'r= mar TflE: :z;:jft>f!..ma{:r::idn SOUH X:~ (.EuNAM' AN'!) f'1a1"' /<.:LAL TO AN oa!&o'i!jg- Cf<.-JJ-1.DJAL Affidavit In Support of Application Page of - 4 -