sv.

STATE of CALIF ORNIA, COUNTY of q~ ~ <;iE .

t 0 --="---1"-~b"-=

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

Pea c e Officer D ep u t y Seth Tunstall swear s un aer c at n th at t e fa crn expresse d by n1m/h cr 1ri th e attacned and
~ co-p o ra ea St ateme n t o f Probabl e Cause a·e tr ue ;;·' c the; ! nased ttieJ e.o n he/she has p rob a.Pl e ..G~use t o be lieve and
does be li eve that the articles . prooert y a nd per sons ae scribea be o.N are 1awfuil y seiLable p ~rs uant 10 Pe nal Cooe
S e c tion 152..; et se q as ind ·cated bel o w. and are now iocate d at the loca tions set forth belo w
Wt1ere' o•e A'f1an·

· e c ue~t s tt ia: ·t-rs S earch \'Y a • a n; be issuec

BRENDA-Blh:l-AtSKf-P U I~,

--'~--(S E RC H
(~ 9.,11;.irr:

HOBBS SEALING REQ UE STED
NIGHT SEARCH REQUEST ED :

<:I A.!!'.r:

R

~

0

YES
YES

Z)N O

0

NO

NT)

T HE P EOPLE OF T HE STA T E O F C A LIFORN I A T O A NY PEACE O FFIC ER IN THE CO U NTY O F O RANGE proof by
a 'f1davit, ha v in g be e r th s day made before m e by Pe ac e O ffi c e r Dep u t y Seth Tunstall tha t trere 1s prob ab le ca use to
be lieve th a t the pro perty or person descr bed r1ere in m a y be found at tr e loca t1on(s) se t fortr 'lere1n and tr1a1 11 1s ;w,1• 1
se izable pur sua nt to Penal Code Section i 524 et seq , a s 1ncica teo be ow by "[8';)' (s). 1n that

0

property wa s stolon or embezz ed ,
~ property or things were u sed as the mea1s c f cor,m tting a 'elon),
~ property or things are in the p o ~se s s1on of a'1y pe rsor wi:t1 t'1e in!en: to use them a i a means of :omm,.ting a pu blic offe nse
or in the posse ssion of another to whom he 01 she may 'oave dehvrrcd tnerr for the purpose of conceal ng then or pre ven ~ rig
their being cl scovered .
(8J property or t111ngs to be seized con sist of a,y ite m or corstitute any e,•1d e ce that tends tc show a felo ny has been comm tte d
or te nds to show th at a pa rticular pe·son has comm111Cd a felony;
property or things to !.Je seized consis t of ovicunce L'ia t tends to sho" ti al Se> ual e,;ploitat1o n o' a child, 1n v1olahon of Section
31 1.3 , or po:;session of matte r depicting sexual conduct of a person t.nder the ag!: of 1B ye a ~s 1n violation of Sect1or 311 • •
has occur red o r 1s occurring;
there is a warrant :o arrest a person :
a pro11irlP.r of e lectronic communication service or rc'Tlc!e ccm put1ng service has records or evidence as 5pec1fied in Sect1or
1524 .3, show ng tr.at pro;:>er.y wa s stolen o· embe:zz lcc const:tut ng ;.1 rmsdemeanor, o r that property or lhings are r the
posse ss1or of any person w1t r. the intent l o ·J sc them as a rrean s o r comM itt1n9 s misdeme?.nor public offense, or 1n thr
posse ssion of ano ther to whom he or she rnay hove de ivered them for the purpnse of co ncea h'lg then or pre v e ~ ti-.g the ·
discovery
propert)' or ti li ng s to be seized 1ncl..1de an tern or ar. y evidence Iha! le nds to show 2 v1o lat1on o' Section 3700 5 o' the Labrr
Code . 01 tends to show that a particular persu'1 has v o lated Section 3700 5 of the Labor Coe.le.

0
0
0

O
You

are Therefore COMMANDED to SEARC H:

R e fer

to Atta chment 'A"

F or

(premises vehicles, persons)

th e FOLLOWING PR OPERTY , THING(s) or PER SO N(s)

Refe r

io A.ttachment '6"

A N D TO SEIZE IT I T HE M IF F OU N D a r d bri ng 1t I them fort nw th be for e me , o • this court at the cou rthouse of tr is
c our1 Th s Se a rch War r a n t a nd A ff d avit and at· ac~e a and ncorpora ted St a t,c f!l~n t o f Pr~ au se were sworn
to as true and su b s cr b e d before m e ori th is 15 day of Au g u st 201 3, at
I· s :S ~ V\' r e· efom . f ·,d
p'oba ble caus
su ance o
s Searc
nan ! ar d do 1s~:.ie t
HOBBS SEA LING A PP ROV ED

~~d-,l----~~~~-:<_,r
._ _ _ _ N IG HT SEARCH APPR OVE D :

=
jgi

Y ES
Y ES

O NO
(Z NO

Judge oft

Sci1·ct'I Warran1

People v. David Zorich 13WF0934 OCDA 000024

ATTACHMEJ\"T

-The firs t resid ence al J 4 862 Ace.ms Sher, \11cv. a::; C1· y, Cai: '.oni1& Lrther described as
a single story residence w: ih the num bers " 14862" aff:x ed to tf: e e:-.ten or, 1;ex1 to the
fron t door facing west. ll c ;c~idence is tc.n stucco wnh whnc tnrr and is lncill ed on the
east si de of the street The residence has a ligh t g: ay shin gie roof ar.d approximate!) a
1hree foo t hi gh black metal fe nce a~ound the' enti1e front of the house Tr. e back yard of
the residence Vi surrounded b) approx1mate)y a six foo t high c:ndcr block wall On top of
the cinder blnck ""all is St; ryeill ar,ce ca111crn~ wllh posted signs c:spl dy mg the res al ence 1s
und er •;c eo s ..n e1llance I reque~t to mr.udt! aJJ rooms, lltti cs, baseme nts and oth ei pa-is
v.nhrn the resid ence and a!J ga1 ages, extemai structure~. tras h contain ers, and stoiagc area
desi[!na' ed fo r the us e ofti1 1s resi dence, or fo r which keys to garages. tn: sh containers,
and slor<±ge area arc fo und al the p~em ise~ to be searched, 0 1 in the po s~ess1on of the
occupants of the premises
-Da\ !d M11chc II 7 orich (OCJ 23 1967) "Lo o" :s dcscr:hed as a mal e l! isparnc, 5 9
l 95Jbs l on ch has a CD Ll'C654G 121
-A.ny vehici cs parked or. !he premi se> of ·hc resi dence at 14862 Ada:n s Strect.
City, Ca.

l'vl1c \H.)

The second residence at 145 81 Riata Street, Midway Ci ty, Cahforrua, fu rt her dcsc.:n beo
as a single . tory residence 1\ ith the numbers" l 4581'.a ffi xed to th e ex tenor, next to the
front door fac ing ca~ t The resi dence is light beige stucco with green tri m and 1s loc<1ted
on the west sid e of the street The residence has n light gray shrn g· e ro of The back y.ird
of the residence is sc:rro unded by ap proximately a si x fo ot high cmd cr bl ock v.a!I, 1\ h1ch
111 c!udes the back wall being appro ximately a si x foo t high red cinder b lock with an
opemng in the wall that all ows vehi cl es to drive into the back ya1d I request ro ·'lclude
all rooms, attics, basements and other parts within the residence and all garages. external
structures , trash containe1s, and storage area designated for the use of this residen ce, or
fo r which keys to gm·ages, trash containers, w d s lornge area are found at the premises to
JC searched, or in the possession of the occ.:upant s of the premises.

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

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

People v. David Zorich 13WF0934 OCDA 000025

A T T '\ CHi\££ \T B

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

Sld. n

es~ stLe:

handgun , a bla ck 380 cali ber handgJ1, a bla 1.-k ltal:.in 380 cal ber nandgt.r . a 9mm
S1gsaucr handgu1:

Vt 1d\1ay City" gar.g, or c 1'i ~ e nce of n emb e -~h1 p and. or affi .aiion 1, i'h a1.;, other cn m1 na
street gang

The~ e

1

ens are to mclude, but are not l11n11ed to , articl e~ of clothrng,

bandanas, any drnwings, correspo11dcncc, lett ers, fax e~ , m 1~ccl laneou~ obj ects which

have heen 1n itten or:, rr.n nal s-reet gang 1.,rrafiii. dep1ct1ng gang names or lists of gang
membership affiliation, acti vity or identn y Any fi lm carcisters cont ainjng undeveloped
fil m, v1dco·apes, nny paintings 01 drawings; all photograph albums and photographs
dep1 ct.:ig persons, vehicles, weapons, which show gdng membership and/or gang

affi lwllon. or wlu ch depicts evi dence in the case being Lnv est igated Wllh this warrant; or
which dt: p cts any cri mrnal act ivity Any rnmp~ t e r disk and/or an y digital data storage
dev1ce(s) or computer hard d n •c( ~) or any electronicall y stored media, which identifies
anci/o ~ depicts , by content and cor tex!, persons ?nvolvi.:d in cnminal street gang activity
Any newspaper cl; pping(s) relating detail s or references to any L.rune or enmes of

cnm 1nal stree1 ga;.g v10!t:nce and an y addrcs> book(s), lists of or single refe rence to
acdresses or :cl ephonc numbe1 s of persons who are members of o; affi !Jate with any

cn minal stn:et gdng.

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

he locati on, prem ises, a ltomobd es or llem~ to be se,zed, mcluc ng de,1vered ma I

wi'; cthcr :ns1de the :ocat1 on or :n the mailbox(s) , bdis, uttl:ty bil ls, tc!cpho:ie hills.
:;i1scell anr0i.. s ad d re~~ed ma il , personal '. ett ers, persona. 1dent :fi cat1on, pLrchase rece;pts,
·en recei pts, S'l!t:s receipts , tax statements. pa;TOJI check stubs, key> and recc1p:s for safe

t!epos1t oo x(s). key> an d rec e i pt~ fo r rent al storage space, keys ar d rec eipt; for post office
bcx or mu : dro ? ~ enta ls,
.: crtdi ca.te s or "p i 1~

s:

1gn1 t1o n ke;,s ,

car door and t rc:n.~ keys,

vl!b1c' e

owr.ership

s... ano or • eh1c ' c registration sl ps , ccordation of \Oice

People v. David Zorich 13WF0934 OCDA 000026

1ransm1ss1ons o;: telephone

anS\\

er:ng milchmes a ~ dio rnpes and telephone me~sag::

receipt boo,.;s, written phone messc.ges, <:nG phoLOg_--a hs tending to shov. oLci;pario'1 c f
!he rc~1denccfousiness am: connection be·ween co-conspirntoro, whether .demi fiec or
unidentified, also digital pagers !hat '.Viii docu:nent telephone numbers of co conspirators
and, 1f found, to activate the digital pagc1 's display mechanism and to obta1;-; me~sages
from the pagers, ans\\'ering :i:achines, tape re:::orde.rs , nnd any other rccordir:g devices,
and 10 plc.v such clevic~$ ·o obtain t!"ie1r messages.

Any examples of handwri ti ng

including I ''crs, address books, bus1r.e5~ record~ . cance led checks, notes and 'or lists.
Any and all vehicle(~) associaied with build; ngs en the properties to be searched

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

Search Warrant, to video !ape, photograph and/or rake digital images, at the d; ~crction of
the searchi11g offict.:rs, inside and OL.ts1de of the !ocat.on,
vehicles at the location.

o: any and

all .terns and 1or

In adcit?On, they can idem:fy and photograph anci/or d1g1tai

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

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

converse with C?.!lers at the location of tlus !:,earch Wa11an1 without revealrn the peace
0

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

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

People v. David Zorich 13WF0934 OCDA 000027

STATE of CALIFORNIA, COUNTY of ORANGE

ATTACHED and INCORPORATED

STATE E T OF P OB BL

CAUS

.t\ffia nt decl ares under penalt) of pequ-y that the fo llowing fa cts are true and that there 1s probab e cause t3
oel1 eve, and Affiant does believe th at the designated articles property, and persons a e now in the described
locations in cluding al rooms bJ1lding s, and stru ctures used

in

connection with the premises erd buildings

adjoining them , the vehicles and tt1e persons

I, the affiant . Deputy Seth Tunstall, have been a sworn Deputy Sheriff since August 11 i 999 ! arri
currently employed by the Orange County Sheriffs Clepartmel'11 as a Deput; Sher H I have cu rrently
been assigned to the Federa t Santa Ana Gang Task Force (SAGTF) for approximately the last foc. r
years .

Between February 1999 and .A.ugus: 1999, I attended the Orange County Sheriffs Academy where I
received nine hundred and sixty (960) hours of law enforcement training. This training included
courses in ihett, burglary, robbery, assault, homicide, narcotics, weapons violations, sex offenses,
identity theft, street gangs and violent crimes. After completing the Academy. I was assigned !o the
custody division and have worked since then at Theo Lacy Facility, a men's maximum security
county jail. While working at the Theo Lacy Facility, I have had contact with thousands of inmates
and spoken tot em regarding tt1eir criminal activities and learned their methods of committing crimes
and concealing them from law enforcement.

I have spoken to numerous inmates about the

commission of vehicle thefts, burglaries . robberies. economic crimes, narcotic violations, homicides,
assaults, consp1racy cases, gang affiliation/association, weapon violations and extortion.

During approximately my first one and half years at Theo Lacy Facility , I worked as a housing prowler
1n the Maximum Security modules and was responsible for maintaining safety and security with in the
Jail For approximately one year, I was assigned to the classification deta il where I was responsible
for the classifying and housing of inmates based on numerous factors including charges and crimin al
sophistication; and the overall supervision of any jail inmate movement with n the facility

In September 2001, I was assigned to the Special Handling/ Gang Deta il at heo Lacy Fac1 lity

l1 1s

detail consists of one Sergeant and four deputes that work from within Theo Lacy Fae l1 ty

1 rie

Special Handling/ Gang Detail is responsible for:

Statcmenl of Probabic
Page 1ofi1

Cau~c

CP tDR I

People v. David Zorich 13WF0934 OCDA 000028

Gathe ring 1mell1gence on gang shot-cal lers/ representatives, gang nvalnes 1n an d out of custody.
narcotic trafficking witl1in the 1a1 system, developing confide ntial informants , "Green-lights"

01

specific gangs and ga ng participa nts 1aent1fying streeVpnson gang participants identifying sub1ects
who are gang dropou ts or wh o are on hit lists evolving gang tre ds a nd oo!• 1cs both on the streel
and in -custod y

Screening in mate mail for monikers, gra 1rt1or drawings , gang related p otos, possible escape plans,
validating ga g assoc1at1on, plans for assaults on staff/ other inma t es . plans for f •ture cnmir.al
activity , past cnm1na l activity not oreviously known

Interv iew all high power gang participants as they enter the fac11tty, 1dent1fy gang nvalrres and
alliances, determine proper housing for gang drop outs , investigate assaults and dete mme gang
involvement , ide ntify trends within the gang subcul ure. identify and photograph gang affiliated
subjects and their tattoos , monitor and track the movement of high power gang participants both in
and out of custody

Assist outside agencies i

identifying subiects . forward gathered infor at1on on gangs to t e

appropriate iunsdiction provide intelligence at meetings as it app lies , assist the Ca liforn ia
Department of Corrections i val idating prison gang members who are in or who have left the Orange
County Jail system, and assist the 0 ange County District Attorney's office in ongoing criminal cases

Monitoring inmate ph one calls for monikers . possible escape plans. va!tdating gang assoc1ation,
pans for assaults on staff, other law enforcement agenices and other inmates , plans for future
crimin al act1v1ty , past criminal activity not previously known, and narcotic trafficking within the ;a I
system

From Ja uary 201 0 to the present, I have been assigned o

e Federal Sa nta Ana Gang Task Force

(SAGTF ) Th e SAGTF consists of the follow ng agencies Sa nta Ana Pohce Department Orange
County Sherrff's Depa rtment, Federal Bureau of Investigation, A co ho!, Tobacco and F rea rms,
United States Attorney's Office Orange County District Attorney; and the California Departm ent of
Corrections Special Services Unit The SAGTF primarily focuses on the career criminals, which
1 eludes active ga ng members and associates curre ntly involved

in

se rious or violent cnm es

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

S:111enen! of Probab1e Ca L~e

Page 2 of 1

People v. David Zorich 13WF0934 OCDA 000029

I have been involved

in

over 400 1nves!tgat1ons nvolving , but not limited to known gang part 1c1pa ms

from P EN/ NAZ I LOW RIDERS, AP. YAN BR0 1HERHOOD, UNITED SOCIETY OF ARYAN
SK INHEADS INSANE WHITE BO YS, LA MIRADA PUNK.S OC SKINS , WEST S IDE COS TA MESA
SK INHEADS FUCK SHIT UP-H B, LA OS, HUN TINGTON BEA CH HA R DCORE, F-TROOP, SANT.Ii
NI TA M EX ICAN M/lFIA, DEL HI, MC CLAY ST AL LE Y BO YS \t./EST M YRTL E S T EL MODENA
CR O W VILLAGE, B IG STA NTON, DA RKS /DE, SOU Th SIDE SAN TA ANA , VA RRIO N ORWALK,
PEARL ST, LITTLE HOOD-SA, HA WA IIAN GA RDE NS, LA C OLON/A -ANA HE IM, f ULLE RTON
TOKER S TO V1/N, LAUREL HOOD THUG S- TUS TIN, LA HABRA MONOS FORMIN G KA OS-COST/i
ME SA ; CI TRON ST O RANG E VARR IO (;YPRESS UND ER NO /l L T.1--f OP.JTY. MIDDL E SID E, 1err
ST, SOUTH SIDE:: HUN TIN GTON BEACH EAST SIDE B UENA PARK LA JOLL A ORPHANS,
LA TIN BO YS A NA!-ICIM .!A TOS LOCOS, BARR IO BR OWN REVOL UTION, BA RRIO S MALL
TO WN PLAS LOPE R S, SOUTHS/OF WHITTIER, BO YS FROM THE 1-1000; ANAHEIM PENGU'N
C •TY /-!A RD TIMES, ROL LIN 60 S CR/PS, EA ST COAST CR /PS

I have also worked a nd co nferred with more experie nced officers i

ga ngs narcotics properly

cnrne s , auto tt-ie fts . h omicid es , sex crimes and fra ud during my last twe ve yea rs My inform al and
1nf1elo train ing include s re ceiving tnformation/tra1rnng from n rnerous Orarge County Deputy District
Attorne ys and Investigators, Riverside Dep uty District At1orney's and Investigators , OCSD Gang
Investigators . outside age ncy Ga ng 1nvest1gators , Californ ia Dept of Corrections Institutional Gang
Investigators from Pe lica n Bay State Prison, Tehachap i State Prison Corcoran State Prison , Wasco
State Prison Chino State Pris o n, Calipatria State Pri son . Cenlinela State Pri son , Folsom S'. ate
P rison , Region 4 Parole SSU !G I Lt L Dua rte SSU S Gut1erreL and SSU -I GI t R I arquez, afl d
the Federal Bure au of Investigation

I have draw1 from their k nowledg e and expertise m tneir

r spect ·ve fields o f law e nforcem e nt

D uring

my e·11ploymen t wi th the Sher iff's Departme nt I have cu lltvated interviewed and supervised

numerous conf1dent1a l informants
necess ary informa tion

I have also interviewed w tnesses s uspects and com p led the

to he lp ob am arrest/sea rch

warrants

W htie conducting

nrn.na'

nvestigat on s. I have had the opportunity 'o listen to witnesses. informants and suspects divulg e their
method and mode of o pe ration as it re1ates to the rie ans by wh ich crimin al offen ses are perpetrated
an d concea led fro m la w e nforce m ent

I have receJVed approxim a te ly 900 hours of formal ga1g training Th s tra n ng was prov ded by the
Orange County Shen ff's Depa rtm e1 t !tie Ora nge Co unty Distnc' .A.torney
S·atencnl of Probnb e Ca,
Page 3 o' '·

~e

Office , _o s Angeles
CR 10 ;;: #

People v. David Zorich 13WF0934 OCDA 000030

Sheri ff's Dept Rvers1de Sheriff's Dept, San Diego Sheriffs Dept Callforn1a Dept of Corrections
Santa Ana Police Dept Anahe 1rr Police Dept . Costa Mesa Police Dept Hu ntington Be ach Police
Dept , and the Cahforrna Gang Investigators Asso ciation I am cu nently a member of trie Ca li fornia
Gang Investigators Assoc1a:1on (CGIA). the Orang e Couniy Gang Investigators Association (OCGIA)
Ca l1fom1 a Gang Task Force (CGTF ) and the Ca lifornia Narcotic O ffi cer's Associat ion (CNOA)
These org anizations have ann ual seminars which incl ude training on gang theories act1v1ties , and
:rends

The OCGIA and CGTF have monthly meetin gs

1r1

wh1c r local gang enforcement police

agencies in Orange County g;:;t hPr and sh are 1riforn1 at1on perta mmg t o their respective ga ngs

Dur ng my law enforcemen t career I have been mvolveo 1n the 1nves t.1gat1on of severa 1 hund·eo
ga ng-re lated cnme s and act1vit1es

I ha ve spoken 1o more tha n 4 000 gang membe rs 1n b ot ~

cu stod ial and non-custodi al settings Du ring these conta cts I spoke to the gang members about their
gangs history. tt1e1r assoc ates and rivals their tattoos clothing, area of act1v1ty and the type of
crimes the y corr.mit Th ro ug h the 111vest1ga!ions and co ntacts I have had , I have learned the values ,
customs and operation s of crimin al street gangs including their attitudes and behavior toward s rival
gangs, we apons , v;o lence. la w en forcement , and iheir loya lties to and expectations of fellow gang
members

I have rea d nu me rous books on the sub1ect of gangs th eir hi story, and the ir culture

l hese books were authored by not only law enforce ment officers but former ga ng members and
scholars

As a sworn deputy I have part1c1pated 1n the service of several sea rch warra nts involving gang
members Dunng these searcf-i wa rr a ts I have had tl1e opportunity to see and seize gang 1ndic1a,
which included personal wrrt1ngs photographs depicting gang merrbc rs and phone books show ng
names and phone numbers of fellow gang members and associates

! have test1f1ed a a g ang expert 1n Orange County Su erior Cou·i North Justice Cen'.er, Orange
County Superior Court West Justice Center , O·ange County Superior Court Central Ju sti ce Ce n er
the Fede ral Gra d Ju ry 1n Santa Ana and the Orange County Supenor Court Grand Jury

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

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

M dway City crim inal street gan g have beer1 eng aged

in

an on going pattern of violent crnninal

behav ior to nclude assault with a deadly v..•eapon , narcotics for th e purpose of sale . terrorist
th reats, ana po sse ss1or of loaded and concea led firearms 1n pub lic
State mrrl of P·ooab ~

:a ~~c

cq D P

Pa ge 4 011 •

People v . David Zorich 13WF0934 OCDA 000031

8ased on my training a1d experience with criminal stree· gangs and their active participants cou pled
with the following facts 1n this affidavit

I have formed the opinion that act ve part cipants of criminal street gangs normally
keep mementos of their gang membership a no/or affiliation at their residences in the form
of scrapbooks, photo albums personal phone books, personal videos, handwritten signs,
wall plaques computer disks , compu•er hard drives !n add!t:on, graffiti symbolizing the
gang can be fou!!d ofteri time inscnbed or written on such items such as CO players, tape
recorders, sporting equipment, walls, cabinets furniture, and other r::ersonal items This
opinion is based upon my personal experience and observing such items in residences of
active participants of criminal street gangs numerous times in the pas1.
2

I have formed tt1e opinion that active participants of c minal street gangs frequently
pass firearm (s) from one active participant to another to use in their gang's daily activities
When the firearrn{s) are used in a crime, that firearm {s) may be concealed until the
danger of detection has passed . The active participant w'l c last had the firearm will either
conceal the firearm(s) or he or she will deliver it to another fe llow active participant to be
concealed until the danger of detection has passed . When the danger of detection has
passed that firearm(s) will be delivered back to the gang to be used once again .

3

It is my opinion that active participants of crimina l street gangs frequently possess or
borrow cars owned by family members, friends girlfriend . or other active participants
They will hide or leave gang paraphernalia or weapons wit hin these vehicles This opinion
1s based on my persona l observations and conversations with active participants ol
crimina l street gangs nu merous times in the past

I am personally aware , th rough prior investigations and d1scussio s with gang members, of a cnm1na
street gang in the city of Midway City cal led ' Varrio Midway City" I am a!so aware members and
associates of the " Varrio Midway City" cri minal street gang have been engaged in an ongoing pattern
of violent criminal behavior to include , assau lt with a dead ly weapon auto theft, burglary, narcotics
for the purpose of sa les , and possession of loaded and concea ,ec firearms 1n public and other
miscellaneous mischief 1n the fo rm of property destruction

,_/y·

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

CR;

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People v. David Zorich 13WF0934 OCDA 000032

Summ ary

I sta e that the fa cts in suppo · of t he issuance of he search w ar an t are as fo llows

YOUR AFFIANT REQUESTS that t e "Confidential Attachment" p o rtion of the sea rch warrant
affidavit be ord e ed sea leo by the mag istrate 1n order to im plement t he pnv1lege under Evidence
Code Sectron

04 1 and to protect the 1dent1ty of any confidential informa nt{s) . pursuant to the

.S upreme Court decision 1n Peo p le v . a net Marie Hobbs ( 1994) 7. C . 4 1h 948 a d Californ ia Rule
of the Court Rule 2 550

If any of t e

1

fo matron within the req uested sealed portion of the Affidavit/State ent of

Probable Cause is made public , it will reveal or te nd to reveal the identity of any confidentia l
mfo nnant(s), impair further rela1ed inves 1ga io s and endanger the life of the conf1dent1al
1nformant(s)

See Confidential Attachment

I conducted a records check through Parole LEADS , ELETE, and DMV o David Mitche ll
Zo rich , DOB 9-23-67 . and determ ined tha t he 1s recently got off pa ·o le for possession of a
co trolled substance Zorich has pri r weapon violation arrest and conviction , which included
state prison time. gra nd theft and street gang arrest and conviction , whic included state
prison time, and possession of narcotics for sale arrests and convictions , which included state
prison time I was able to verify that Zorich claimed his current mai 1ng address on record with
the DMV as 14862 Adams Street Midway City. CA 92655 I conducted a records search
through Orange Coun1y Supe 1or Court Vision Zonch 1s cu rrently out of custody on bail for
two sepa rate cases T he cases are

Case# 11 WF0253 for CPC 1202 1 (a) (1)-Possession of a fi rearm by a fe lon. CP C 186 22 (b)
(1)-Criminal Street Gang enhancement , CPC 24 5 (a) (1 )- Assa ult with a deadly weapo

Case# 12WF0 1

for

HS 11 35 1-Possession of a con rolled substance with intent to sell, CPC

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

Statemen1 of 0 rcbeb1c c n ~ ~ e
Pnge 6 o• • •

People v. David Zorich 13WF0934 OCDA 000033

I reviewed Orange Cou nty Sheriff records which 1nd1cated Zone is a documented 'Varno
Midway City' crimina l street gang member with the moniker of' Loco" Zorich al o r as multip le
Varrio Midwa y City" gang tattoos on his body

I conducted a records check through ELETE and OMV on Raymond Robert Garcia DOB 11
4 72 , and determined that he has a prior weapon v10 lat1on arres t, stolen property and
posse ssion for sa le a rrest and conviction , which included Ora nge Co unty j ail time l was ab le
to verify ttlat Garcia clauned his current mailing add ress on record w ith the OMV as 14581
R1ata Street M1rlwriy City CA 92655 I rev ewed Orange County Sheriff 1eco1d s which
rnd1cated Gare a 1s a docuMented ' Varno Midway City" cmn ina l street gang riember Gar cia
also has a "Midway Crty" gang tattoo on his bod y

Based on my rammg and experience , 1t 1s rny opinion that the re is reasonable ca se to
believe th at the g rounds for the issuance of a Search Warrani exist as set forth in Section
'i 524

of u-.e Californ ia Pen al Code, based on the afore-mentioned fa ct s and circumstances

Based upon the info rmation conta in ed w1th1n th is affidavit, as we ll as my tra ining and
experience , I believe a se arch of 14862 Adams Street. Midway City , CA and 14581 R1ata
Street, Midway City, CA will reveal evide nce m support of weap on po ssession and ga ng
1nd1cia

Based on your affi ant' s \raining expe rience , and conversa tions that your Affa \ has had wit
other Law Enforce ent Officers and/or eports that you r Affianl has read, your Afflant knows
that gang membe rs w ill commonly keep fi rearms at their place of residence , due to the
firearms being a prized possession helping to provide the gang member with tl1e ability to
commit further crim in al acls ass.st in the sales and distribution of narcotics along with
ro v1de the gang member with protection from other rival gang members Your Affiant knows
that durin g the service of this Sea rch W arrant there are many articles of personal and1or
busines s prop erty tend 1 g to estab lish the 1dent1ty of persons who have dominion and control
over the premise s, business, ve hicles, and/or item s to be se zed

Stalem enl of P•obab e
Pag 7 ol 11

C ;;~sc

People v. David Zorich 13WF0934 OCDA 000034

Further 1t 1s my op ini on that cri minal street ga ngs revere guns, weapons and ammunit on
Cri minal street gang members benefit from the mere pos sess ion o1w ea pons by elevating the
status of the 1ndiv1 dua who posses se s a weapon and of the cnm na I street gang as a whole
The ind1v1du al gang mem be r an d tne crim nal street gang as a whole gain power and status
1

w thin the ga ng commur1ty

A ll such weapon possessio n ts evidence of CPC 186 22 (a) & (b)- Act ive criminal street gang
partici pation an d the mot1vat1on for criminal activity These terr>s a re e\ 1dence, w" .ch help
pro ve th.it the cri 1nal '>tree! gang "V::rrio Midway City' w1:h1n the defiri t1ons of CPC 186 22
(a) & (b)

You r Affian t believes that these ite ms will te nd to connect the premises , locations persons,
ana vehicles to be se arched with the items to be seized ana the case being 1nvest1gated

It 1s you r Affi ant's op inion that these types of items are usually present at the location soug ht
to be sea rch ed by this Search Warra nt and that they wil l therefore likely still be found

in

the

location and/o r the pe rson to be sea rched

Ba sed upon

~ ou r

Affl ant's training, experience and co nversations that yo ur Affiant had with

ot her Law En orceme nt Officers and/or rep orts that your Affia nt has read . 1t •s your Affi ant's
opin ion that the person mentioned and other unknown pe rsons are engaged 1n a conspira cy
to commit felony crimes and that such persons often communicate w ith each other and
coordina te their illeg a l act1v·t1es by telephone The sea rch ing off1ce ·s should be able to
answer any telephones

in

the locat1on(s) to be searched and conceal their identities. such

convers ations may c on stitute evid ence of a felony and may 1de nt1fy other con spirators .

Based upon yo ur Affia nt's tra ining experie nce and co nversations tha t your A. iant had w th
other Law En forcem en t Officers and/or repori s that your Affiant has read , your Affiar t knows
th at gang membe rs wi II hide keep or conceal their gang 1 d1c1a on comp uters and compute r
systems common ly cons 1st1ng of electro nic data processing and storage devices, with central
process ing units intern al and pe ri phe ral storage devices suc1 as fixed disks external hara
drives floppy disk dri ves and diskette s tape dri ves and ta pe s optical sto rage devices
angles or encryption keys , pers on al data assistan ts (POA's), cellular phones or other
memory stora ge

evices

S atenenl o' Probable CaJse

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People v. David Zorich '13WF0934 OCDA 000035

They also consist o' peripheral input/output devices such as keyboards, printers vid eo displa y
rron1:ors optical readers and rela ted commun1cation devices such as modem s assoc1 atea
te lephone sets. speed dialer s. or other controlling devices, plotters, softwa re to ru n programs
connect ng ca bles and p lugs pe ri pherals such as 1oyst1cks mouse s o r ot1 er inp ut devices
sca nners wri ting pad s, manua's , connecting switches. teleplmnes and telephone cables and
interfa ce devices There 1s system docu mentation op eratin g log s and documentation ,
sofu'\lare and instructional manuals for the comp uters and com puter s yste ms Comp utin g or
data processing softwar e st ored on any typP. of med ium c;u ch as· ha rd 01sl< s, floppy disks ,
CD-R's CO-R\l\1's, DVD 's, cassette tapes , or otr er permanent or trans ient storage rn ed ,J m
and other forms of magnetic media conta ining computer information

Your Affla nt requests any reco rds of gang md•c1a or involvement, whether stored on pape r. on
mag netic med ia such as tape cassette, disk, diskette or on memo ry storage devices such as
optical disks, progra m mable instruments such as telep hones "e,ectronic calendar/address
book s" calculators, or an y other storage media, together with indrc 1a of use, ownership ,
possession , or co ntrol of such recoros

Your A fft ant requests any written or computer cor111nunicat1on m pr nted or stored r1 ed 1um
su ch as E-mail and chat logs d1scuss1ng gang ind1c1a and involvement whethe in active files
deleted f !es or unalloca ted space on the hard dnve , flo ppy drive o any date storage media

II 1s your Affiant's expe rience that computer system search es and exam1nat1ons ca nnot be
com pleted wrth 1n ten days in which the Search Warra ni must be served and the Ret urn to
Search Warra nt filed Th;s is due iri part beca use the Orange County S heriff's Department
Investigators who comp lete th e computer search and exa minations common ly have mulhple
cases working at the same ti me and 11 ca n take several weeks to comp lete It 1s req uested
that the Search Wa rra nt a nd Ret urn to Search Wa rrant be flied and that the comp uter sea rch ,
examination s, and 1nvest1gat1on s be allowed to continue

Based upon your Affia nt' s tra1n1ng expe rience and conve rsatio ns that you r Aff ant had with
other Law Enforcement Offi cers and /or reports that your Affiant has read . yo ur Affiant knows
that the involveme nt 1n gangs in clud es th e assoc1at1on of numerous nd1viduals As a result
persons who are involved 1n gangs will oft en possess documents that will 1dent1fy other
rr embers of the organiza tion such as \e ephone book (s), address book (s ) te lephone
Sta tement ol Probable Cau se
Page 9 of 11

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People v. David Zorich 13WF0934 OCDA 000036

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

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

add ress (es) and telephone numbers of other co-conspirators

in

he same way that a business

will mainta in records

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

of crim in al st reet gang membership; ind1cia 1nclud1ng, but not limited to , ph otos graffiti and/or
rosters listing not only the gang members outlined in this document, bJt also add·t1ona l "Varrio
Midway City" gang members

These items in clude, but are not limited lo, any drawing or m.scellaneous writing or objects or
graffiti depicting gang member's names, initials, logos, monikers, slogans, or contain ng
mention of criminal street gang rn embeiship affi liation , activity or identity. It has been my
experience that most cri minal street gang members are known by monikers to their fellow
gang members and they frequen tly write their mo nikers and the monikers of their associates
on walls, furniture . misce llaneou s items or paper , botll within and on the residence and with n
and on the vehicles

It is my opinion that evidence of gang membersh ip or affiliation with a criminal street gang is
important as it will pro vide motive for the commission of the crime in the instant cases and
may provide evidence , which will tend to identify other persons who may have knowledge of
or be involved in the com mi ss ion of the crimes 1n the instant cases, and 1t may tend to
corroborate in'ormatio n given by other witnesses I belreve these items w ill tend to connect
the premises, persons and locations to be searched with the items to be seized and the cases
being investigated I believe these items are not typically disposed of and wi ll therefore likely
be found at the location to b searched
I request that a Search Wa rrant be issued based upori the aforeme, honed fa cts, for ihe seizure o1 sad
property, or any part thereof, betweer the hours of 7. 00 P. M and 'iO 00 PM . good cause being shown thereof
and the same be brought oefore this Magistrate or re'.a 1ned subject to the order of the court, or of any court n
which the o'fense(s) 1n re spect to whi ch the property of things taken , triable, pursuant to Section • 536 of tre
Pe nal Cede
Items attached and incorporated by Reference YE S 0
NO ~
I certify (declare) under penalty of perjury that the foregoing 1s true and correct

Statc-nsnt o! Prot>a!:>le CausP

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Page 10 of 11

People v. David Zorich 13WF0934 OCDA 000037

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

________,CZ>~t/tvi~--1.1:--:-::----.----,----• --1L__ day of A v5v st
Reviewec by

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. at

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-------~-,---1--'=--=---·~dayot
{S1gr.aturt o! Deputy D suict

Sl ateme-ir or Probable Ce use
Page 11 of 1 •

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People v. David Zorich 13WF0934 OCDA 000038

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