THE STATE OF TEXAS § WARRANT# COUNTY OF WILSON § 2181h / 81 st DISTRICT COURT APPLICATION FOR SEARCH AND SEIZURE WARRANT {Article 18.0215), Texas Code of Criminal Procedure} BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED TH E APPLICA NT HERE IN , A PEACE OFFICER UNDER TH E LAWS OF TEXAS, WHO, BEING DULY SWORN, ON OATH MADE THE FOLLOWING STATEMENTS: My name is Kevin D. Wright, hereafter referred to as you r Applicant. Your Applicant is commissioned as a Peace Officer by the Texas Department of Public Safety (DPS) and has been for the past seventeen (17) years. Your Applicant is currently assigned to the Texas Ranger Division, 311 Sidney Baker South, Kerrville, Texas 78028. Your Applicant holds a Master Peace Officer license issued by the Texas Commission on Law Enforcement. Your Applicant has received extensive specialized training and instruction in subjects including, but not limited to: arrest, search, and seizu re ; manufacture, distribution, and use of narcotics; methods of smuggling narcotics; techniques and methods of investigation; interview and interrogation; crime scene investigation; assaultive offenses including sexual assault and murder; violations committed with the use of cellular telephones and computer technology; extraction of digital data from multiple types of media; and violations of the laws of the State of Texas and the United States of America. In your Applicant's experience as a Peace Officer, your Applicant has conducted numerous criminal investigations. A. There is in Quantico, Virginia, an item described and located as follows : a si lver Apple 1phone model A1662 ce llular telephone with IMEI : 358541073944937. Said cellular telephone is being held as evidence by the Federal Bureau of Investigation (FBI) and was · seized incident to a lawful search of a vehicle driven by Devin Patrick Kelley. Attached to this affidavit (see below) is a photograph of said cellular telephone. 1 Said suspected cellular telephone is in charge of and controlled by the folloWing named individuals, to Wit: Devin Patrick Kelley, a white male having a date of birth of 02/12/1991 and a Texas driver license database physical description at five feet nine inches tall With brown hair and blue eyes C, Applicant has reason to believe and does believe that Devin Patrick Kelley is the owner and/or primary user of said cellular telephone. and that said cellular telephone contains evidence of capital murder, an olfense that is in violation ol the laws defined in Chapter 19 of the Texas Penal Code Applicant hereby requests authority for said cellular telephone to be (orensically searched and analyzed pursuant to the attached Search and Seizure Warrant Applicant has probable cause for said beliel that the ottense described in Paragraph above was committed by reason at the following general facts and circumstances which constitute this Applicant's probable cause and learned through the course or Applicant's investigation from statements made by other investigators and Witnesses: On Sunday, 11/05/2017, your Applicant was requested to assist Company Texas Ranger Terry Snyder with the investigation into a mass casualty shooting at the First Baptist Church in Sutherland Springs. Texas Your Applicant learned that at approximately 1130 AM, an individual entered the First Baptist Church during the morning worship serVice and began shooting multiple rounds of ammunition from a rifle at members of the church congregation. Your Applicant learned that more than twenty (20) individuals were killed inside the First Baptist Church as a result of the gunman's actions. Your Applicant lunher learned as the gunman left the First Baptist Church, the gunman was confronted by another man armed with a rifle (identified as Stephen Willelord) that resrded in close proximity to the church. The church gunman and fired rounds at ammunition at one another until the church gunman got into a white colored Ford Expedition and left the scene Your Applicant was advised that the church gunman's white colored Ford Expedition had been observed by Sherifl's Deputies in nearby Guadalupe County and that the church gunman was now deceased, lt was unknown to your Applicant at that time whether the church gunman had been shot by Willelord, Sheriff's Deputies, or was deceased as a result of a seliainllicted gunshot Your Applicant and two (2) additional Texas Rangers were assigned to go to that scene and document where the church gunman's vehicle and body were located, When your Applicant arrived at the scene in Guadalupe County where the church gunman's vehicle was located, your Applicant noticed that the while colored Ford Expedition displayed Texas registration -- Your Applicant was advised by Guadalupe County Deputies had lound the vehicle off the roadway in its current condition They stated they had not lired any rounds at the gunman, nor he at them They stated they believed the gunman was dead due to a seltrinllicted gunshot to his head Your Applicant learned that the vehicle was registered to Devin Patrick Kelley Your Applicant observed a Walgreen's medication bottle in the console prescribed to Devin Kelley Your Applicant obsen/ed the dead body of a white male that was partially lying outSide the driver side door The man's head was lying on the dirt outside the driver side door The man's 2 legs were still in the flo orboard area of the front driver side of the vehicle. Your Applicant observed what appeared to be a pistol lying on the floorboard under the man's feet. The man was cloth ed in black pants and a black shirt. The man also had black body armor that appea red to be partially taken off. There was at least one pistol magazine in a magazine holder on the man's belt. The man had what appeared to be a bullet entry wound above his right ear and a bullet exit wound on the back left side of his head. Also located on the front d river side floorboard of the Expedition was a white and silve r Ap ple lphone. After the dead body was removed from the vehicle, Texas Ranger Joseph Evans seized the white and sil ver Apple I-phone and released custody of it to FBI Special Agent Dustin Mcca rl ey for analysis. The lphone had a model number of A 1662 and an IMEI number of 358541 07394493 7. Prior to finishing the crime scene investigation, your Applicant observed a white male standing on the highway near the scene. Your Applica nt made contact with the white male, who identified him self as Johnnie Langendorff Jr. Langendorff advised your Applicant that he was the driver a Dodge pickup pa rked inside th e perimeter of this crime scene. Langendorff explained to your Applicant that Langendorff was almost to his girlfriend's residence located near th e First Baptist Church in Sutherland Springs. Langendorff stated he witnessed the church gunman and W ill eford exchanging gunfire near the First Baptist Church. Langendorff advised your Applicant that Willeford approached Langendorff's pickup as the church gunman fled the scene in the white colored Expedition. Langendorff stated Willeford told him that the gunman had "shot up th e church" and that they needed to chase him. Langendorff stated Willeford got into his pickup with his rifle and they began chasin g the white colored ford Expedition. Langendorff stated he was calling 911 to advise the Sheriff's Deputies that the gunman was trying to escape. La ngendorff advi sed that as they got a few miles away from the First Baptist Church, the white colored Expedition began to slow down in the roadway. Langendorff fu rther advised that the Expedition struck a sign nea r the roadway and began rolling off the roadway and came to a rest in its current location. Langendorff advised that Willeford pointed his rifle at th e Expedition and waited for the Sheriff's Department to arrive. Langendorff stated that he and Willeford had no contact with the gunman and that Willeford had not fired any rounds at th e gunman once Willeford got into his pickup. Langendorff stated he told the 911 operator where they were and th at deputies needed to respond to their location. Your Applica nt has seen the Texas driver lice nse photo of Devin Kelley. Due to all the facts and circum stances observed and learned by your Applicant, your Applicant believes the deceased male in the white colored Ford Expedition to be Devin Kelley. During thi s investigation, your Appli cant has reviewed video data from La ngendorff's cellul ar telephone. This video data was recorded at the scene where Devi n Kelly's white Ford Expedition was recovered. This data is comprised of multiple videos taken at this scene and your Applicant believes th ese videos corroborate the information received from La ngendorff and other sources. Your Applica nt has also learned, from investigators and public sources, that Devin Kelley has a Facebook page. Facebook is a very popular social networking platform . Your Applicant knows, through training and experience, that many people who use one social networking platform will often use a variety of other social networking platforms, such as SnapChat, Twitter, and lnstagram among others. The communication on these social media platforms can be in written form, digital images, and with video recordings. Your 3 Applicant also knows, from training and experience, that it is very common for someone to access these social med ia platforms using their cellul ar telephones. E. Based upon Applicant's training and experience in conducting investigations of individuals involved in illegal activity and the experience of other law enforcement officers involved in this and other investigations, Applicant knows: 1. Cellular telephones are used by perpetrators to communicate verbally, and in written form through ema ils, text messages, and various social media applications and programs. These perpetrators often communicate with one another about the crimes th ey have committed or intend to comm it. 2. Perpetrators often take digital images and recordings of their crimes and store them on readily accessible digital media (including ce llular telephones) as trophies to show to others. 3. Perpetrators commonl y conduct research to learn how to commit and conceal their crim es through websites and online resources. 4. Cellular telephon es are also storage containers in wh ich perpetrators maintain evidence of the crime such as SMS and MMS messages, phone logs, add ress books, deleted messages, photographs, digital images, videos, etc. Applicant is also aware that this data is often maintained for extended periods of time by the perpetrator and can be forensically retrieved whether stored or temporarily deleted by the suspect. F. Based on Applicant's investigation, the following property is believed to constitute actual evidence, or information that could lead to evidence that the offense listed above in Paragraph C was committed by Devin Patrick Kelley and possibly discussed and/or planned with others: 1. Electronic records or data, contained within said cellular telephone including but not limited to: records of electroni c communications (such as records of incoming and outgoing telephone ca lls, recorded telephone numbers, recorded voice messages, and SMS and MMS messages), social media applications and communications or data stored within said applications, passwords, address books, photographs, digital images, video images, search history, electronic records or data of the perpetration of the alleged crime, and any digital memory cards or other digital media inserted into said cellular telephone . 2. Applicant believes the aforementioned data can provide a timeline of events and possible additional witnesses, victims, and co-conspirators of the alleged crime. G. Based on Appl icant's training and experience, Appl icant knows that there are necessary practicalities governing the manner of th e execution of a sea rch and seizure warrant related to cellular phones. I. Applicant has attended training and spoken with experts in the field of forensic examination. Because of the large volume of information that can be stored in 4 electronic devices, it is almost always necessary to examine the device off-site. Applicant has also learned that experts in the field of computer and cellular telephone forensics are able to recover data that has been deleted. Applicant also knows from his training and experience that digital material has the capability of remaining on devices designed to store them for an indefinite period of time including weeks , months, and years. Unlike drugs, the user does not consume electronically generated documents or data; rather they are stored and kept for an indefinite period of time. The applicant also knows from his training and experience, that it is possible to retrieve items that have been deleted by the user through the use of a forensic recovery of the storage device . 2. Based on Applicant's training and experience, Applicant knows that in order to completely and accurately retrieve data maintained in electronic devices, to ensure accuracy and completeness of such data, and to prevent the loss of the data either from accidental or programmed destruction, it is often necessary that memory storage devices within electronic devices be copied and examined by a qualified computer special ist. 3. The peripheral devices that allow users to enter or retrieve data from the storage devices vary widely in their compatibility with other hardware and software. Many system storage devices requ ire particular input/output devices in order to read the data on the system. It is important that the analyst be able to properly reconfigure the system as it now operates in order to accurately retrieve the evidence listed above. In addition, the analyst needs the relevant system software and any applications or software which may have been used to create the data; 4. Applicant has made prior arrangements for a forensic expert to assist in this investigation; 5. The volume of data stored on many electronic devices will typically be much larger than what is rea lized. Your Applicant has learned that the more data stored on a device, the more complex the analysis can be. With the large number of computer-related crimes and the limited number of forensic analysts, it may take some time for the forensic analysis of the property in Paragraph A to begin. 6. Once identified, the forensic analyst will conduct the search within approved forensic guidelines that wi ll safeguard the integrity of the original data stored on the electronic device. Pursua nt to Chapter 18 of the Texas Code of Criminal Procedure, Appli cant requests the issuance of a wa rrant authorizing the Applicant to forensically search and analyze said suspected cellular telephone described in paragraph A pursuant to Chapter 18 of the Texas Code of Criminal Procedure in order to uncover evidence of criminal activity. Applicant further requests, pursuant to the provisions of Article 18 of the Texas Code of Criminal Procedure, for authority to remove such seized property from this county, if such removal is necessary for the safekeeping of such seized property, for forensi~ 5 testing and analysis, or as otherwise authorized in the Texas Code of Criminal Procedure. WHEREFORE PREMISES CONSIDERED, Appl icant requests that a warrant be issued authorizing any Peace officer of the State of Texas or any Agent of the United States Government to search the property described in Para raph A and thereby seize evidence as authorized by law to assist in the furtheran e of the investigation of the _ · _ ·· . i t offense described. - ,._ - APPLICA . T , I '"("Cl~ D l _wr -)\ fl)·1Jf,,.. SWORN TO AND SUBSCRIBED BEFORE ME BY SAID APPLICANT ON THIS THE b1\.;\ DAY OF , 2017 at 1 ~ ~ O Afov<.Nlb c r P•/\/\ ~~ Honorable Russell Wilson 218 1h I 81 51 District Court Judge Wilson County, Texas 6 SEIZURE & SEARCH WARRANT STATE OF TEXAS § WARRANT# COUNTY OF WILSON § 218 1h 1 81 st DISTRICT COURT THE STATE OF TEXAS to the Sheriff or any Peace Officer of Wilson County, Texas or any Peace Officer of the State of Texas, GREETINGS: WHEREAS, the Applicant whose name appears on the attached Application is a Peace Officer under the laws of Texas and did heretofore this day subscribe and swear to said Appl ication before me (which said Applicant is here now made part hereof for all purposes), and whereas I find that the verified facts stated by Applicant in said Application shows the Applicant has probable cause for the belief expressed therein and has establish existence of proper grounds and probable cause for issuance of this Warrant throughout the course of Applicant's investigation into offenses alleged and listed in the application requesting this warrant. Now, therefore , Applicant is commanded to search the following suspected cellular telephone: a white and silver Apple I-phone model A 1662 cellular telephone with IMEI: 358541073944937. Said cellular telephone is being held as evidence by the Federal Bureau of Investigation and was seized incident to a lawful search of Devin Patrick Kelley. FURTHER, Applicant is ORDERED, pursuant to provisions of Article 18, Texas Code of Criminal Procedure, to seize any evidence related to the commission of the offense of Capital Murder, in violation of the laws of the State of Texas, listed within the appl ication and retain custody of any property seized pursuant to this warrant and to subsequently conduct an authorized forensic search of the aforementioned cellular telephone . The search of this cellular telephone is to include, but not limited to: All digitally stored electronic records or data, contained within said cellular telephone, including but not limited to: records of electronic communications (such as records of incoming and outgoing telephone calls, recorded telephone numbers, recorded voice messages, and SMS and MMS messages), socia l media applications and communications or data stored within said appli cations, passwords, address books, photographs, digital images, video images, research history, electronic records or data related to established witnesses, victims, or coconspirators associated with the case, or the perpetration of the alleged crimes, as well as any records or data that demonstrate the identity of the person(s) who 7 owned or exercised dominion or control over the cellular telephone or the electronic records or data contained therein. The terms "records, " "information," and "property" includes all of the items of evidence in whatever form and by whatever means that may have been created or stored , including records, whether stored on paper, on magnetic media such as tape, cassette, disk, diskette or on memory storage devices such as optica l disks, programmab le instruments such as telephones, electronic address books, ca lculators, or any other storage media, or any other form of "writing," together with indicia of use, ownership, possession, or control of such "records, " "information," and "property". This Court grants Applicant leave and authority to remove the said cellular telephone from this county, if such removal is necessary for the safekeeping of such seized property by Applicant, for forensic testing and ana lysis, or as otherwise authorized in the Texas Code of Criminal Procedure. Applicant is further ORDERED to give notice to this Court, as part of the inventory to be filed subsequent to the execution of this Warrant, and as required by Article 18, Texas Code of Criminal Procedure, of the place where the property seized hereunder is kept, stored and held. HEREIN FAIL NOT, the Applicant shall execute this Warrant within three days, exclusive of the day of its execution , with your return thereon, showing how you have executed the same, filed in thi s Court. ISSUED THIS THE 1:s' ! s=o day of t/ e. ~be f' , A.O. 2017 at o'clock .e_.M. to certify which witness my hand this day. Le , j/, Honorable Russell Wilson 218 1h I 81 st District Court Judge Wilson County, Texas Cl (j') O~< M Wt-·- Q. oc C 0 c1 L() Ll L:' c..::: . lJ_ :-·.: o c::i lJ..J U"J :::=>- 0 :z: - -· ...., .....1 ...J ,...- Lt_ ~ c::::> 8