East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION I STATE OF LOUISIANA NUMBER 03-18-0507 SECTION-H- 19TH JUDICIAL DISTRICT COURT VERSUS PARISH OF EAST BATON ROUGE SEAN-PAUL GOTT STATE OF LOUISIANA MOTION TO COMPEL PHONE NOW INTO COURT, comes the State of Louisiana through the undersigned Assistant District Attorney and moves this Honorable Court as follows, to wit: 1. On or about September 13, 2017, the State alleges that Sean-Paul Gott knowingly and intentionally hazed a student or students, and used a method of initiation into a fraternal organization at Louisiana State University, which was likely to cause bodily danger or physical punishment to a student or students attending LSU. Multiple witnesses reported that the defendant hazcd incoming members on September 13, 2017, engaging in hazing activities with incoming members that were likely to cause bodily danger and physical punishment. Further the defendant communicated with incoming members of the fraternity through his mobile devices to coordinate hazing events. Authorities investigated the offense and a grand jury subsequently indicted the defendant for the offense of Hazing. 2. On November 8, 2017 the East Baton Rouge Parish District Attomey?s Of?ce applied for a Search Warrant of the defendant?s phone and it was granted by this Honorable Court (See attached Affidavit for Search and Seizure Warrant?~19h JDC-- as Exhibit One). On that date the defendant was not represented by counsel and was not living in Baton Rouge, as such the warrant was not executed at that time. 3. On November 14, 2017 Investigator Michael Karaty, with the East Baton Rouge District Attorney?s Of?ce, contacted authorities at the Lafayette Police Department in order to assist with the seizure of the defendant?s phone. Detective Todd Borel applied for a Search Warrant of the defendant?s phone in the 15?h Judicial District Court and it was granted by the Honorable Thomas Frederick (See attached Af?davit for Search and Seizure Warrant?15lh JDC-- as Exhibit Two). EBR48 Ill 1 48647 Page 1 of 18 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 2 of 18 4. On November 17, 2017, Detective Todd Borel and Detective Adam Lefort with the Lafayette Police Department arrived at the defendant?s residence in Lafayette. Detectives made contact with the defendant, advised him of the warrant, and provided a copy of the warrant. The defendant retreated in his home for a period of time and arrived back with a phone that had the same phone number as the number provided in the warrant. Shortly thereafter Todd Bore] placed the phone seized into evidence (See attached Lafayette Police Department Report 17-00352546?as Exhibit Three). 5. On November 20, 2017, the defendant?s phone was released to Investigator Michael Karary with the East Baton Rouge Parish District Attomey?s Of?ce. 6. On February 6, 2018 the defendant?s phone was sent to Cellebrite in order to extract data pertaining to the information outlined in the aforementioned search warrants. To-date Cellebrite has not been able to open the defendant?s phone due to the passcode(s) that prevent access to the phone. 7. On August 13, 2018 the defendant was asked in open court to provide the State with the passcode(s) to the seized phone. The defendant refused to do so on the record. As such, the state advised it would be ?ling the instant Motion to Compel. 8. The State submits that the defendant?s Fifth Amendment right against self-incrimination will not be violated by this Court compelling him to provide the passcode(s) to his phone. In order for an individual to invoke their Fifth Amendment right, the content sought must be: 1) compulsory; 2) testimonial; and 3) incriminating. State of Florida v. 810111, 206 So.3d 124, 131 41 Fla. L. Weekly D2706 (2016), see also United States v. Spencer, 2018 WL 1964588. Here, the production of the defendant?spasscode is neither incriminating nor testimonial, thus his Fifth Amendment right would not be violated should this Court compel him to provide it. Id. 9. The Fifth Amendment is not violated whenever the government compels a person to turn over evidence. Instead, it is only implicated when the act of production itself is both ?testimonial" East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 3 of 18 and ?incriminating.? (United States v. Spencer, at citing Fisher v. United States, 425 U.S. 391, 409-410 (1976).) The information requested from the defendantma passcodemis not incriminating. In Stahl, the court held that it was signi?cant that the State was asking the defendant for a passcodc and not to produce the content on the phone (State v. Stahl, at 131). Here, the State has taken the same steps as were taken in StahI. The state has properly seized the phone and its contents pursuant to a valid warrant based on probable cause. While the contents on the phone could possibly be incriminating, the passcode is what is being sought. The passcode is not incriminating for purposes of the Fifth Amendment. 10. Further, the information the State is seeking?a passcode?is not testimonial for purposes of the Fifth Amendment. A passcode is not testimonial in that it does not compel an individual to extensively use the contents of their mind in creating a response nor does it relate an individual to an offense. (State v. Stahl. at 131). ?It is not enough that the compelled communication is sought for its content [in order for the Fifth Amendment right to be invoked] the content itself must have testimonial significance." (State v. Stahl, at 134). The content itself in this case?a passcode?does not have testimonial signi?cance. 1 1. The Courts? rationale espoused in both Stahl and Spencer, that those who have a passcode locking their phone should not have more protection under the Fifth Amendment that those who choose to use their ?ngerprint to look their phone, is applicable. rule that the government can never compel of a password-protected device would lead to absurd results.? (United States v. Spencer, at Neither Stahl nor Spencer were of the belief that the Fifth Amendment should provide greater protection to individuals who passcode protect their iPhones with letter and number combinations than to individuals who use their ?ngerprint as the passcode. Stahl and Spencer found it absurd that cempelling an individual to place a ?nger, use a face, or use a voice to open an iPhone would not be a protected act while compelling a password to open the same iPhone would be protected. (State v. Sta/11, at 135). Whether a defendant produces a device cannot hinge on whether he protected that device using a ?ngerprint key or a password composed of symbols. The Fi?h Amendment should not turn on the manner in which the defendant stores the material. (United States v. Spencer, at Original emphasis. East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 4 of 18 12. The state alternatively asserts that assuming defendant?s act of producing a passcode is both incriminating and carries a testimonial element, the foregone conclusion doctrine applies. An act of production does not rise ?to the level of testimony within the protection of the Fifth Amendment? where the State has established, through independent means, the existence, possession, and authenticity of the documents. (State v. Stahl, at 135 citing Fisher, 425 U.S. at 411. ?In essence, under the ?foregone conclusion? exception to the Fifth Amendment privilege, the act of production does not compel a defendant to be a witness against himself.? The state need only show it is a foregone conclusion that the defendant has the ability to the devices. (United States v. Spencer, at in the instant case, the state seized defendant?s cellphone pursuant to avalid search warrant. A passcode is needed to gain access to the phone. The state has been unable to the phonegecause [defendant possesses the passcode to the phone and re?ises to divulge it. The state has "1 . . in-a' $9 In vg?iibf the foregoing motion, the State is entitled to an order from this Honorable Court ?idefendant to furnish any and all passcode(s) that will give access to his cell phone to the District Attorney?s Of?ce. WHEREFORE, the State of Louisiana moves the Henorable Court to order the defendant to fmnish any and all passcode(s) that will give access to his cell phone to the District Attorney?s Of?ce. RESPECTFULLY SUBMITTED, HILLAR C. MOORE, DISTRICT ATTORNEY By: Mo an H??iokhzo? Barn, Roll #34584 Assistant Dis tAttorney 222 St. Louis Street, 5th Floor Baton Rouge, Louisiana 70802 5 Telephone: (225) 389-3452 morgan.johnson@ebrda.org East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 5 of 18 STATE OF LOUISIANA NUMBER 03-18-0507 SECTION II 19TH JUDICIAL DISTRICT COURT VERSUS PARISH OF EAST BATON ROUGE SEAN-PAUL GOTT STATE OF LOUISIANA CONSIDERING THE FOREGOING MOTION: IT IS HEREBY ORDERED that the defendant show cause on the day of 2018, at o?clock why the Motion to Compei Phone chodds) in the above entitled and numbered matter should not be granted. 9? 15' IS I424 THER ORDERED that the defendant be served with notice to appear as pidvidg?a SIGNED in Baton Rouge, Louisiana on this day of ,2018. Judge, 19th Judicial District Court East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT BEFORE ME, the undersigned Authority of the 19TH IUDICML DISTRICT, Parish of EAST BATON ROUGE. State of Louisiana, Investigator Jeff Malone, of the East Baton Rouge Parish District Attorney?s O?icc. who, upon being duly sworn by me, deposes and says: PROBABLE CAUSE EXISTS FOR THE ISSUANCE OF A SEARCH AND SEIZURE WARRANT THE SEARCH AND SEIZURE OF: Mobile Devicetis). of Sean-Paul Gott, WM, DOB 08106/1995, Mobile number 33 7-205-1958, and the information stored on said device, in the current or immediate possession of aforementioned individual or his representatives. WHERE FOLLOWING DESCRIBED TO BE LOCATED: A. Any and all communication records stored on aforementioned device. These records should include but not be limited to: a. In-coming calls and text messages b. Out-going calls and text messages c. Blocked calls d. Text Messages 6. Mum-media messages f. SIM card data 3. Cell Site Location: or any device location information h. Text Message Content i. Pictures andz?or videos B. Any and all applications and associated information, to include location services, stored on aforementioned device. These applications should include but not be limited to: a. Facebook b. Snopchat c. Groupme' d. .lmtagrum c. Gongle Mail I: 'l'witler C. Any and all data stored on aforementioned device not already specr?ed in the language oftizis warrant. AND ARE BELIEVED TO CONSTITUTE A VIOLATION OF: I Count of (MISDEMEANOR) PROBABLE CAUSE IS BASED ON THE FOLLOWING FACTS: On 09/14/2017. LSU Police was contacted by the East Baton Rouge Parish Comer?s Of?ce that a male LSU Student, later identi?ed as Maxwell Gruver, was transported by two other male subjects to Our Lady of the Lake Hospital. Gruver was pronounced dead at the hospital due to what appeared to be an overdose of alcoholic beverages. Li. Abels, of the LSU Police Criminal investigations Division conducted an initial interview of a. witness. Through interviews detectives learned that on 09/5/2017, around 2200 hours; pledges of the ?'atemity Phi Delta Theta were called to Phi Delta Theta house for ?Bible Study?. investigators learned that ?Bible Study" is where the pledges are asked questions about the fraternity and, if incorrect. they are made to drink alcohol. Pledges are LSU Students who want to become members of the fraternity Phi Delta Theta. At some point after midnight, the. witness advised that Grover was highly intoxicated. The witness and several other members laid Gruvar on the couch and then left for the night. The witness advised thatthe next day, around 0900 hours he returned to the Phi Delta Theta house to check on Grover. who was still on the couch. Several of the members checked Gruver?s pulse and found that it was weak and they could not tell if he was breathing. The witness advised at that time they decided to transport Gruver to the hosPital. where he was pronowioed dead. The ?Bible Study" started at 2200 hours on 09/13/2017 and ended around 2330 hours on 091130.017. Several witnesses advised that after the "Bible Study? Grover was downstairs and passed out on the couch by midnight. The Page 1 of 3 Wednesday, November 2017 19TH sumcuu. ntsnucr COURT 5 mama or EAST BATON ROUGE sure or LOUISIANA DA NUMBER: 11593-17 MATTER UNDER nwesrroanos Page? of18 1 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 7 of 8 pledges all went home after the ?Bible Study" and through the interviews. detectives teamed that no er hazing or drinking occurred with Grover that night. Several members that live in the house stated that Gruver was checked on. throughout the night and was last seen still passed out on the couch around 0300 hours on 09/14120l7. This was the last time he was checked on until 0900 on 9/14] I 7. Several other interviews conducted by LSU Police Criminai investigators indicated that the pledges were forced to drink in excess. Several of the pledges stated that they received a message through the GroupMe application, or a phone call from Sean-Paul Gott (active member) stating that there would be ?Bible Study" at the house [112200 hours on OQKIBIZOIT. Active members are LSU Students that have been thought the pledge process and are members ofthe Phi Delta Theta fraternity. Around 2130 hours, about 18 to 20 pledges showad up at the house. Sean Pennison (aetiVe member) took their cell phones. The pledges were told to get :1 Solo cup of lemonade; the lemonade would be used as a "chaser?. Severn] pledges stated that Matthew Naquin (active member). Sean-Paul Gott, Ryan lsto (active member) and Patrick Forde (former member) came down item the 2?"1 ?oor. Pledges were told to make a single file line and go upstairs. As they went upstairs Gott threw mustard and hot sauce on the pledges. Once upstairs the pledges were told to line up in the hallway and place their nose and toes against the wall. The lights were of? with a strobe light ?ashing and loud music playing. Pledges were then asked questions by members and if they answered wrong they were told to take a ?pull" from a bottle of alcohol. Pledges were also made to do "wall sits" while members walked across their knees. Pledges also had to hold out the pledge book. a small book with the history of Phi Delta Theta. and members would stand on the book while the pledges were told to hold them up. Several of the pledges stated that there were several active members of the fratemity upstairs during the hazing event. Throughout the investigation Sean-Paul Gott was found to he a main participant during the hazing event. Pledges and active members identify Gott as another aggressor behind Mathew Naquin. At one point during the hazing, Gott struck a pledge in the with a bottle causing a severe black eye. The pledge stated that it was an accident. Witness statements and electronic records indicate the aforementioned communicated with other defendants through the use of mobile devices regarding the criminal conduct at issue before. during, and after the death of Maxwell Gruver. Witness statements provided by LSU police further indicate that additional communication exists regarding other hazing incidents and criminal conduct prior to September 13?, 2017. Ihereby certify under oath the facts contained within the Application for this Search Warrant to be true and correct. under penalties of perjury, so help me God. Luv igator Je?'Mnlone THUS DONE AND PASSED on the 3" day ofNovemher. 2017, a?er reading of the whole. JUDGE, ?jjun . :nu. DISTRICT COURT Page 2 or 3 Wednesday, November 2017 .. . .. H. .. .. .. tom-un- .. .. East Baton Rouge Parish Clerk of Court 03?18-0507 GENERAL MOTION 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DA NUMBER: 11593-17 MATTER UNDER INVESTIGATION AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT AFFIDAVIT HAVING BEEN MADE BEFORE ME BY Investigator Je?' Malone of the East Baton Rouge Parish District Attorney's Of?ce, that he has a 300d reason to believe that on or in: Mobile Devioe(s), of Sean-Paul Gntt, WIM, DOB 0810611996, Mobile number 337-205-1958, and the information stored on said device. in the current or immediate possession of aforementioned individual or his representatives. Within the Parish of EAST BATON ROUGE, State of Louisiana there is now being certain information, A. Any and all communication records stored on aforementioned device. These records should include but not be limited to: a. [rt-coming calls and text messages Out-going calls and text messages c. Blocked calls d. Text Messages c. Micki-media messages f. SIM card data g. Cell Size Locations or any device location information h. Text Message Content i. Pictures and/or videos B. Any and all applications and associated information. to include location services, stored on aforementioned device. These applications should include but not be limited to: a. Focebook b. Snotpchat c. Groupnrc ti Instagram 2. Google Marl Twitter C. Any and all data stored on a?rrementianed device not already speci?ed in the language of this warrant. .such information constitutes evidence of the violation of L.R.S. 17:801-Hazing and the af?davit submitted in support of this search warrant shows the necessary probable cause for its issuance. YOU ARE HEREBY ORDERED to search the aforesaid for the property speci?ed serving this Search and Seizure Warrant and marking the search during the day time or nighttime, Sundays or holidays, and if the thingis) speci?ed are found. to seize such information covered in this warrant and hold them safe pending further investigation or orders of the court. This shall be your war-rant whereof you are to make due to return according to law. WITNESS my of?cial signature on this day of November. 2017. Page 3 of3 Wednesday,November 2017 Page 8 of 18 I East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 9 of 18 I 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DA NUMBER: 11593-17 MATTER UNDER INVESTIGATION APPLICATION FOR ORDER COMMANDING SEAN-PAUL GOTT T0 PRESERVE EVIDENCE BEFORE ME, the undersigned Judge of the Nineteenth Judicial District Court, Parish of EAST BATON ROUGE, State of Louisiana: Investigator Jeff Malone, Employed by the East Baton Rouge District Attorney's Of?ce. WHO, after being duly sWorn by me, deposed and said: THAT upon information and belief, the mobile device listed in the attached Search and Seizure Warrant contains evidence; THAT the State of Louisiana requests the Court order Sean-Paul to preserve evidence on said device and further not to tamper with, intentionally alter, move or remove information, physically destroy or manipulate evidence seized under attached Search and Seiztire Warrant. MEREFORE. the State of Louisiana respectfully, request that the Court grant the order, directing Sean-Paul Gott to preserve evidence on said device and further not to tamper with, intentionally alter. move or remove information, physically destroy or manipulate evidence seized under attached Search and Seizure Warrant. I hereby certify under 0th the facts contained within the application for this Search and Seizure Warrant to be true and correct. under penalty of perjury, so help me God. THUS DONE AND PASSED on the 8'?l day ofNovember, 2017, after reading of the whole. Wgwe? mode, redraw. DISTRICT COURT I Page I of 1 Wednesday, November 2017 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 10 of 18 a N0: Case N0: 17-352546 STATE OF LOUISIANA PARISH OF LAFAYETTE 1 15th Judicial District Court AFFIDAVIT FOR SEARCH WARRANT 1, Todd Borci Police Of?cer in and for the Parish aforesaid, certify under oath that probable cause does exist for the issuance ofa search warrant authorizing the search of: Mobile Device(s). of Sean-Paul Gen, WM, DOB 08/06:? 996. Residing at 105 Portage Court, Lafayette LA. Mobile number 337-205-1958, and the information stored on said device. in the current or immediate possession of aforementioned individual or his representatives. located at 105 Portage Court Lafayette. LA, 70506, where evidence of a crime may be located to wit: Mobile Devicecs). of Scan-Paul Goit, WM, DOB 08!06/l996. Residing at 1.05 Portage Court. Lafayette LA. Mobile number 337-205-1958, and the information stored on said device, in the current or immediate possession of aforementioned individual or his representatives. which said property constitutes evidence of the violation of Louisiana 1 Count ofRS (MISDEMEANOR) is (are) believed to be secreted or concealed, and such probable cause is based on the following: The Lafayette Police Department was contacled by Investigator Michael J. Karaty with the 19th Judicial District, East Baton Rouge District Attorney's Of?ce. in reference to assisting with seizing a cell phone from an individual who resides in Lafayette. LA in reference to a Hazing incident. investigator Karaty obtained a search warrant in his jurisdiction for the phone and requested that we obtain a search warrant in order to seize the phone. investigator Knraty emailed his probable cause which is as follows: On 09/l4i2017, LSU Police was contacted by the East Baton Rouge Parish Corner?s Of?ce that a male LSU Student. later identi?ed as Maxwell Grover. was transported by two other male subjects to Our Lady of the Lake i-iospital. Gruvcr was pronounced dead at the hospital due to what appeared to be an overdose of alcoholic beverages. Lt. Abels, of the LSU Police Criminal Investigations Division conducted an initial interview of a witness. Through interviews detectives learned that on 09/13f2017, around 2200 hours; pledges of the fraternity Phi Delta Theta were called to Phi Delta Theta house for ?Bible Study?. investigators learned that ?Bible Study" is where the pledges are asked questions about the fratemity and, if incorrect, they are made to drink alcohol. Pied ges are LSU Students who want to become members of the fraternity Phi Delta Theta. At some point after midnight. the witness advised that Gruver was highly intoxicated. The witness and several other members laid. Grover on the couch and then ie? for Page i of 5 Thursday, November 16, 201715215:30 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION NO Page 1 1 of 18 Case NO: 17-352546 STATE OF LOUISIANA PARISH OF LAFAYETTE 15th Judicial District Court the night. The witness advised that the next day. 09/14/2017, around 0900 hours he returned to the Phi Delta Theta house to check on Graver. who was still on the couch. Several of the members checked Gruver?s pulse and found that it was weak and they could not tell if he was breathing. The witness advised at that time they decided to transport Gruvcr to the hospital. where he was pronounced dead. The ?Bible Study" started at 2200 hours on and ended around 2330 hours on 09H 3/2017. Several witnesses advised that alter the ?Bible Study? (iruver was dowustairs and passed out on the couch by midnight. The pledges all went home after the "Bible Study? and through the interviews. detectives learned that no further hazing or drinking occurred with Grover that night. Several members that live in the house stated that Gruvcr was checked on throughout the night and was last seen still passed out on the couch around 0300 hours on 09!]4l2017. This was the last time he Was checked on until 0900 on 9114/17. Several other interviews conducted. by LSU Police Criminal Investigators indicated that the pledges were forced to drink. in excess. Several of the pledges stated that they received a message through the GroupMe application. or a phone call from Scan-Paul Gott (active member) stating that there would he ?Bible Study" at the house at 2200 hours on 09/13/2017. Active members are LSU Students that have been thought the pledge process and are members of the Phi Delta Theta fratemity. Around 2130 hours, about 18 to 20 pledges showed up at the house. Sean Pennison (active member) took their cell phones. The pledges were told to 3 Solo cup of lemonade; the lemonade would he used as a ?chaser". Several pledges stated that Matthew Naquin (active member), Sean-Paul Gott. Ryan lsto (active member) and Patrick Forde (fonner member} came down from the 2nd floor. Pledges were told to make a single file line and go upstairs. As they went upstairs Go tt. threw mustard and hot sauce on the pledges. Once upstairs the pledges were told to line up in the hallway and place their nose and toes against the wall. The lights were off with a stro be light [lashing and loud music playing. were then asked questions by members and if they answered wrong they told to take a "pull? from a bottle of alcohol. Pledges were also made to do ?well sits" while members walked across their knees. Pledges also had to hold out the pledge book, a small book with the history of Phi Delta 'lfheta, and members would stand on the book while the pledges were told to hold them up. Several of the pledges stated that there were several active members of the fraternity upstairs during the hazing event. Throughout the investigation. Sean-Paul Gott was found to be a main participant during the hazing event. Pledges and active members identify Gott as another aggressor behind Mathew Naquin. At one point during the hazing, Gott struck a pledge in the with a bottle causing a severe black eye. The pledge stated that it was an accident. During the course of the investigation, the aforementioned voluntarily provided police with contact information: to include the mobile number of 337-205-1958. A corroborating witness advised LSU police that the a?irementioned sent a CiroupMc text message to fraternity members advising them to participate in a ?fun time"; referring to the criminal conduct under investigation. Witness statements and electronic records indicate the aforementioned communicated with other defendants through the use of mobile devices regarding the criminal conduct at issue before. during, and after the death of Maxwell Grover. Witness statements provided by LSU police further indicate that additional communication exists regarding other hazing incidents and criminal conduct prior to September 13?, 2017. am requesting this search warrant on behalf of Investigator Karaty. Page 2 of 5 Thrusday, November 16, 201715:15:30 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION NO Page 12 of 18 I Case NO: 17-352546 STATE OF LOUISIANA PARISH OF LAFAYETTE 15th Judicial District Court THAT a warrant to search the aforesaid is requested, and when the thing to be searched is a dwelling or other structure, that the writ to search includes all other structures, vehicles, and places of concealment on the premises where the thing(s) may be found. THAT it may become necessary to conduct the search during the night time or on Sunday, and aftlant(s) request that the writ so provide. I hereby certify under oath the facts contained within the Application for Search Warrant to be true and correct, under penalties of perjury, so help me God. Todd Bore] AFFIANT THUS DONE AND PASSED on the of November__, 2017 after reading of the whole. 4g?. 4.5/5- Thomas Frederick Iudge. 15th Judicial District Court Page 3 of 5 Thursday. November 16, 2017 15:15:30 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION NO Page 13 of 18 Case NO: 17-352546 . STATE OF LOUISIANA PARISH OF LAFAYETTE 15th Judicial District Court SEARCH WARRANT TO ANY COWISSIONED PEACE OFFICER: WHEREAS an af?davit has been made before me, under penalties of perjury, by Todd Burel Police Of?cer in and for the Parish aforesaid, alleging that the: Mobile [)evice(s), of Sean-Paul Gott, WIM, DOB 0810611996, Residing at 105 Portage Court, LA. Mobile number 337-205-1958, and the information stored on said device, in the current or immediate possession of aforementioned individual or his representatives. located at 1.05 Portage Court Lafayette. LA. 70506, in the Parish of LAFAYETTE, State of Louisiana, is a place where evidence of a crime may be located to wit: Mobile Device(s), ofSean-Paul Gott, WIM, DOB 08106/1996, Residing at 105 Portage Court, Lafayette LA, Mobile number 337-205-1958, and the infonnatiou stored on said device, in the current or immediate possession ot'atbremeutioued individual or his representatives. which said property constitutes evidence of the violation ofLouisiana 1 Count of RS l7:801--llazing-- (MISDEMEANOR) is (are) secreted or concealed. and whereas the af?davit submitted in support of the request for this search warrant indicated that the af?ant has shown the necessary probable cause for its issuance. YOU ARE HEREBY ORDERED to search the aforesaid and when the thing to be searched is a dwelling or other structure, this writ includes all other structures, vehicles, and places on the premises where the thing(s) may be found, and if the thing(s) speci?ed he found there, to seize and bring it (them) before the 15th Judicial District Court. and this shall be your warrant to which you are to make due return according to law. In accordance with the request of the af?ant, this warrant authorizes you to conduct the search at any time of the day or night, including Sundays. Page 4 of 5 Thursday, November 16, 201715:l5:30 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION NO Page 14 of 18 Case NO: 17-3 52546 STATE OF LOUISIANA PARISH OF LAFAYETTE 15th Judicial District Court WITNESS my of?cial signature on this 16 day 2017__. :7 Thomas Frederick Judge, 15111 Judicial District Com-1 Judge, 15th Judicial District Court State of Louisiana Thursday, November 16. 13-18650? 2017151530 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Lafayette Police Department Incident Report Administration Information ReportNumberRepartDateTimezIz I1 I Address: I2 I5 I District/Zone: Ira Itp. I5 I2 I0I1 7H EXHIBIT m- Eli??ri?l?l?? mil/l2 I00105 I I IPORTAQE 13112 BOREL Report Of?cer 1 - Assign Data: Report Of?cer 2- Assign Data: lnvestigator1 - AssIgn Data: Review Dale: I nvestigator 2- Assign Date: Review Date: Assigned By: Review Date: UCR Status: Status Date: a CLEARED BY EXCEPTION CaseStatus: Status Date: Fri CLEARED BY EXCEPTION Report Type! Primary Offense I I Offense Type: Attempted Completed AddressCity: I I II-LII II DistrictIZone: HE Location TypeITime:Dj [j B-Buylng Receiving El D-Distributing/Selling E-Exploiting Children Begin Date: End Date: I?v?q P-PossessinglConcealing Bias Motive: I I Premises Enter' Force T-Trans ortin Ilm ortin CIHome 9 Point Entry: Point Exit: I:IMeans mm: U'Usmlconsumm l-Pos With Intent To Sell Tools Used: E: Emma mow: Me: Consumed Alcohol CI PhotoNideo Used Computer Equipment DUsed Drugs CI Prints Lifted Weapons: I_?l Comments: Report approved by Vance Olivier on 11/29/9017 Page150f18 East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Page 16 of 18 Lafayette Police Department 17- 00352545 Rerson Information Victim Complainant Suspect Arrestee WitneSs PropNeh Owner Business Financial Government Cl Religious Society El Other/UnknownEI Custodian Name. Last: Name. FirstMiddle Name: Suf?x: SocialSecurityDateofBirthAge From: to: IZZEI Sex: Race:- Ethnicity: HeighUFrom: to: Weight/Fromm to: [230] Color: Hair Color: Birth Place (City): State: Address: Iaqg?I I I IPORTAGE I I3. Ap? PhoneHours There?mei I:IAddirIonaInumbers on ?le. City: Slate: ZipCodez Dream EC: State D3 Expvea: Juvenile Comments: I sag:- Employer .Iznfo?rnation Employer's Name: IACADIANA HIGH SCHOOL I I ll li JEI :1 City: Statei ZipCodePhone: I - I Hours From: HoursTo: Alias. ln?f'ormatIOn Immi lill I I I ii Name: Date of BirthSocial SecuritySociaISecurwz I I Start Date: Name: Social Security: Name: East Baton Rouge Parish Clerk of Court 03-18-0507 GENERAL MOTION Lafa vette Police Qoogrtment 17- 00352546 Employer Information Address: City: Phone: Start Date: I Empioyer's NameI IACADIANA HIGH SQHOOL I I II II IDI 5?3?81 leCodeIHours From: Address: City: Phone: Start Date: Employer's Name: I STUDENT Hours From: Hours Employer's Name: I I AddressCity: I I INI-I I I I I Phone: I - I Hours From: CID Hours StanDate: Employer's NameCityphone; It I 7 Hours From: Hours TozljiI: StanDate: II I Employer's Name: I i Address: I7 I Apt City: I:IStatei ED ZipCodePhone: . Hours From: Hours StartDamPage17'of18 East Baton Rouge Parish Clerk of Court 03-18?0507 GENERAL MOTION Lafayette Police erartment 17-00352545 . Narrative: Investigative report of Detective Todd Borel Narrative: On November 14, 2017, I, Detective Todd Borel, was contacted by Sgt. Shawn Terra. Sgt. Terro advised that he was contacted by investigator Michael Karaty with the East Baton Rouge District Attorney's Office requestin assistance in seizing a cell phone. He forwarded the an email that was sent to im by investigator Karary requesting the assistance. Upon reading the email and attachments, it was learned that Mr. Sean?Paul Gotr, DOB: 08/06/1996. who lives at 105 Portalge Court. Lafayette, LA, was a suspect in a hazing incidentat LSU in which an indivi ual passed away. investigator Karaty was requesting that we obtain a search warrant in order to seize Mr. Gott's cell phone due to him residing in Lafayette. lnvesti ator Karaty obtained a search warrant for the cell phone in order to obtain the era for the phone. He attached a copy of the search warrant as well as a word document containing the unsigned warrant and affidavit. The affidavit contained his probable cause. Using investigator Karaty's probable cause from his af?davit, the warrant was submitted to Commissioner Thomas Frederick. On November 16, 2017. at 1515 hrs., Commissioner Thomas Frederick issued the search warrant. On November 17, 2017?, at 0917 hours, myself, Der. Adam Lelort and patrol of?cers met with Sean-Paul Gott at his residence. He was advised that i had a search warrant to obtain his cell phone and he was provided with a capy of the search warrant. Sean?Paul advised that he would 0 it. After a few moments Sean-Paul arrived back at the front door with a phone an befgan saying that the warrant was for a phone that belonged to him. He said that the one was under his mother and brother's names andt at the phone was for him to call his attorney and mother. on asking him for the phone number of the phone, he provided the phone number or the phone which matched the phone number in the warrant. I took possession of the phone at 0919 hrs. The date, time, description of the phone and my name was written on the back of the copy of the warrant that provided him. also provided Mr. Cart with my business card. Ugon leaving the residence the phone was placed on airplane mode. lbrieiiy took it of airplane mode and the phone number was called to con?rm that it was the correct phone, in which it was. it was then placed back into airplane made. i then contacted investigator Karaty and advised him that! had possession of the phone and would book in into evidence. He stated that he would get with me on Monday to make arrangements to pick it up. The phone was then booked into evidence pending investigator Karary picking it up. On November 20, 2017, at 0953 hours, investigator Karaty arrived at the police department and the phone was released to him. i took no further action. End of report. Page 18 of 18