Case4:13-cr-00818-PJH Document94-4 FiledO4/20/15 Pagel of6 EXHIBIT a- -- - vy- SUPERIOR COURT or CALIFORNIA COUNTY or ALAMEDA STATE or CALIFORNLA SEARCH WARRANT COUNTY or ALAMEDA Register No. Arrest No. The People of the State of California, to: ANY PEACE OFFICER IN ALAMEDA COUNTY Proof by affidavit, having been made; Police Department, that there is probab forth in the said affidavit. i YOU ARE THEREFORE ORDER receptacles and safes situated at: 173 #212, Oakland, California; a white: 1 759 affixed to the south wall with a For the following property, things and: l. Firearms including but before me on this date by Officer Jason Andersen of the Oakland 1e and reasonable cause for the issuance of the search warrant, as set ED to make a search on and in the premises, structures, rooms, F9 Seminary Apartment 108, Apartment #110 and Apartment two story apartment complex with green trim and the numbers red tile roof. evidence: it limited to aGlock 22 .40 caliber semi-automatic duty pistol, a Glock 27 .40 caliber semi?automatic sub-compact pistol, both of which were taken from Officer Karsseboom and during the crime. Clothing including but not shirt with a rectangular pri Documents containing list persons in control of the e136, including but not lij other firearms consistent with the ?rearms used by the suspects limited to three black hooded jackets, black jeans, and a white t- nt. . of names, articles of indicia tending to establish the identity of remises or documentation of any conflicts of residents and anyone mited to: cell phones, keys, bills, utility receipt, rental receipt, sonal property such as other clothing used in the crime, photographs, and other per: :WSpaper articles, audio recordings, writings or other publishing, ads, cell phones, cell phone records or other media that may of violence including but not limited to items pertaining to the in this report. Videotapes, magazines, computers, computer recc contain real or simulated a attempt murder documente 'If you find the same or any part thereo in which the offense in respect to whit custody, subject to the order of this con f, to bring forthwith before me or this court, or to any other court the property or things is triable, or retain such property in your rt pursuant to section 1536 of the Penal Code. [3 SPECIAL INSTRUCTIONS The Af?davit Statement of Probable following special procedures, which are Iause, filed herewith, has demonstrated legal justification for the authorized if checked: wNight Service: This warrant may beg Time of issuance: Dated: 7 served at any hour of the day or night. 3 Magistrate JIM WW SUPERIOR COURT OF CALIFORNIA COUNTY or ALAMEDA STATE OF AFFIDAVIT son SEARCH WARRANT COUNTY or ALAMEDA Register No. Arrest No. Officer Jason Andersen, Oakland Police Department, Oakland, California, being sworn, says: that there is probable and reasonable cause to believe, and I do believe, that there is now on and in the premises, structures, rooms, receptacles and safes situated at: 1759 Seminary Apartment #108, Apartment #110 and Apartment #212 Oakland, California; a white two story apartment complex with green trim and the numbers 1 759 a?ixed t0 the south wall with a red tile roof. For the following property, things and evidence: 1. Firearms including but not limited to a Glock 22 .40 caliber semi?automatic duty pistol, a Glock 27 .40 caliber semi-automatic sub-compact pistol, both of which were taken from Of?cer _and any other ?rearms consistent with the firearms used by the suspects during the crime. 2. Clothing including but not limited to three black hooded jackets, black jeans, and a White t?shirt with a rectangular print. 3. Documents containing lists of names, articles of indicia tending to establish the identity of persons in control of the premises or documentation of any conflicts of residents and anyone else, including but not limited to: cell phones, keys, bills, utility receipt, rental receipt, photographs, and other personal property such as other clothing used in the crime. 4, Videotapes, magazines, newspaper articles, audio recordings, writings or other publishing, computers, computer records, cell phones, cell phone records or other media that may contain real or simulated acts of violence including but not limited to items pertaining to the attempt murder documented in this report. Your AFFIANT says that there is probable and reasonable cause to believe and that he does believe that the said property constitutes: (X) stolen or embezzled property and (X) property or things used as the means of committing a felony and (X) property or things in the possession of a person with the intent to use it as a means of committing a felony, or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered and (X) property or things which consist of an item or constitute evidence which tends to show that a felony . has been committed, or tends to show that a particular person has committed a felony. 4941/ ,1 4, REPORTS-DOCUNIENTS-OO3408 Caged-1 1H Filed04/70/1R of 6 Your af?ant says that the facts in support of the issuance of the Search warrant are as follows: Your af?ant is a police of?cer with the Oakland Police Department. I have been a police of?cer for the Oakland Police Department for over twenty one years. I have been assigned to the Criminal Investigation Division since October 2006 and am currently assigned to the Major Crimes Homicide Section as an investigator. I have investigated and or assisted in the investigation of over a thousand cases ranging from homicide to theft. I have conducted numerous interviews with suspects involved in said crimes ranging from homicide to theft. On January 21, I received a call from Of?cer R. Rosin to come in and assist with an attempt murder of Of?cer This incident is documented on Oakland Police Crime Report 13-003748. The following in a summary of 13-003748: On January 21, 2013, at 6:22 PM Of?cer went to 1759 Seminary in an undercover capacity, driving a covert vehicle in an attempt to locate a 2012 Dodge Avenger 4door white with California license plate 6VEP025. There was information that this vehicle was parked in the parking lot. This vehicle was identi?ed as the suspect vehicle in an attem mrder (664/ l87 PC) that occurred on January 20, 2013 in the 5900 block of Foothill Blvd. Of?cer entered the driveway and was confronted by three suspects. One suspect entered the assen er door of his covert vehicle and confronted him as to why he was there. A struggle ensued and Of?cebas ?ghting to retain his gun center console. The second suspect was at the driver?s door and began pistol whipping in the head with a gun. The suSpect in the was able to get control of Of?cer At some point during the struggle, Of?cer was shot in the left wrist. Of?cer was able to gain control of one of the susect?s uns during the struggle. The suspects fled from the scene. Of?cer r?lL - and treated for injuries to his head and a gunshot wound to his left wrist. The suspects took two pistols from of?cer The ?rst one was his duty weapon service pistol a Glock 22 .40 caliber pistol and the second was a Glock 27 .40 caliber Of?cer S. Valle received information from a con?dential reliable informant that will be referred to as in this af?davit. told Of?cer Valle the following information regarding to attempt murder of Of?cer] i advised Of?cer Valle that shortly after the shooting, received a phone call! 1 l?Tay Tay? and ?Lil? Dame? just shot someone in the driveway of the apartment complex. Of?cer Valle told your af?ant that Of?cer Valle knows ?Tay Tay? to be the street moniker for Deante Kincaid and ?Lil? Dame? to be the street moniker for Damien McDaniel. E?Lil? Joe? and were also in the driveway when the shooting happened. Of?cer Valle told your af?ant that Valle knows to be Purvis Ellis. Of?cer Valle later advised your af?ant that told Of?cer Valle thati i told Valle] l?Tay Tay? just shot at a copl l?Lil? Dame? got away and fled the area after the shooting. Based on this conversation, Of?cer Valle told your affiant that Valle believes that Deante Kincaid put the gun that was taken from Of?cer-Hand the gun that was possibly used to shoot him with inside Ellis? apartment. Of?cer Valle advised your af?ant that he has had several conversations with regarding 1759 Seminary Avenue over the past few days. Valle advised that has told him that ?Tay Tay? ?Lil? Dame?, ?Lil? Joe? and ?Lil? Tay? i advised Of?cer Valle that ?Lil? Dame", and ?Lil? Joe? all live in 1759 Seminary Avenue. Of?cer Valle also told your af?ant that he had a conversation with regarding the shooting in the 5900 block of Foothill Boulevard. Valle advised your af?ant that told him that prior to the shooting on Foothill BoulevardE i told Valle that a few days before the shootingj Ein a Dodge Kira/24?; jp" REPORTS-DOCUNTENTS-003409 Document94-4 FiledO4/20/15 PageS of6 I Aven er four-door Of?cer Valle was aware that a Dodge Avenger four?door vehicle was used in the shooting in the 5900 block of Foothill Boulevard. [the license plate to the Avengerl lwas 6VEP025, which is the exact same vehicle license plate and description of the Dodge Avenger that was used in the shooting in the 5900 block of Foothill Boulevard. Of?cer Valle told your af?ant that several hours after Of?cer as shot, Valle met with in regards to the shooting. Of?cer Valle told your af?ant that Of?cer Valle showed CRIMS booking photos of Deante Kincaid, Purvis Ellis, and Damien McDaniel. positively identi?ed Kincaid as ?Tay Tay?, Ellis as and McDaniel as ?Lil? Dame?. Of?cer Valle also became aware that a Joseph Pennymon was detained during the shooting investigation of Of?cer Believing that Pennymon might be ?Lil? Joe?, Of?cer Valle showed a CRIMS booking photo of him to X. positively identi?ed Pennymon as ?Lil? Joe?. Of?cer Valle told your af?ant that he also obtained a blueprint of 1759 Seminary Avenue from Lt. T. Jonesl Your Af?ant knows from experience that individuals who commit crimes such as attempt murder using ?rearms and ammunition will commonly store those weapons and ammunition inside of their homes, homes of friends and homes of relatives in the hope of avoiding a seizure by police. Those individuals will also keep records in their computer and writings such as, but not limited to, diary or log, about crimes that they are involved in. Af?ant also knows that items of lndicia will tend to prove residency at a location. BaSed upon your af?ants training and experience, the information I received, and the facts contained within this af?davit, your af?ant has reasonable cause to believe, and I do believe, that a search of 1759 Seminary Apartment #108, Apartment #110 Oakland and Apartment #212, California; a white two story apartment complex with green trim and the numbers 1759 af?xed to the south wall with a red tile roof, will produce evidence that will prove or tend to prove the crimes of Attempt Murder 664/ 87 PC had occurred. A I ?7 A I he?? DocumentQA-A Filed04/20/15 Pagp? 0f6 Therefore, your af?ant prays that a search warrant be issued for 1759 Seminary Apartment 108, Apartment #110 and Apartment #212, Oakland, Cal?ornia; a white two Story apartment complex with green trim and the nupzbers 199%?de reg/?le sour]: wall with a red tile roof. JV. Signature 0f Af?ant I Shbs??ribed and sworn to before me on lift fl ff 5&4; . ,r gate/Time Sign?tux-? of Magistrate 3w?; ?ex/WM - ,x {j ref/?5 x5: