Case 5:19-mj-00010-DW Document 3 Filed 01/16/19 Page 1 of 1 PageID #: 10
AO 106(Rev. 04/10) Application for a Search Warrant

United States District Court
for the
District of South Dakota

In the Matter ofthe Search of
(Briefly describe the property to be searched
or identify the person by name and address)

- 10

Case No.

Dane Arredondo(DOB [REDACTED]),
to include a hair sample

APPLICATION FOR A SEARCH WARRANT

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that 1 have reason to believe that on the following person or property (identify the person or describe the
property to be searched and give its location):

Dane Arredondo(DOB [REDACTED]), to include a hair sample
located in the

District of

,there is now concealed (identify the

South Dakota

person or describe the property to be seized)'.

See Affidavit, attached hereto and incorporated by reference

The basis for the search under Fed. R. Crim. P. 41(c)is (check one or more)'.

ivf evidence of a crime;
sf contraband, fruits ofcrime, or other items illegally possessed;
□ property designed for use, intended for use, or used in committing a crime;
□ a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:

Code Section

21 U.S.C. § 844
21 U.S.C. §841(a)(1)

Offense Description
Unlawful Possession of a Controlled Substance
Distribution of a Controlled Substance

The application is based on these facts:

sf Continued on the attached sheet.
□ Delayed notice of
days (give exact ending date if more than 30 days:
under 18 U.S.C. § 3103a, the basis of which is set forth on the ai

) is requested

Applicant's signature

HHS CIG SA Corey J. Dumdei
Printed rutme and title

Swom to in person.

Date: /"•/</
Judge's signature

City and state: Rapid City, SD

Daneta Wollmann, U.S. Magistrate Judge
Printed name and title

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UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

WESTERN DIVISION

IN THE MATTER OF THE SEARCH
OF:

The

"/O
person

Arredondo,

or

body

date

[REDACTED], to
sample.

of
of

include

STATE OF SOUTH DAKOTA
COUNTY OF PENNINGTON

Dane AFFIDAVIT IN SUPPORT OF
birth APPLICATION FOR

a

hair SEARCH WARRANT

)
)
)

I, Corey J. Dumdei, Special Agent for the U.S. Department of Health and
Human Services, Office of Inspector General, Office of Investigations, after being
duly sworn on oath, do depose and state as follows:

1.

I am a duly authorized Special Agent for the U.S. Department of

Health and Human Services, Office of Inspector General, Office of Investigations,
hereinafter referred to as HHS/OIG, Sioux Falls, South Dakota. I have been

employed as a Special Agent with the U.S. Department of Health and Human

Services, Office of Inspector General since May 2002. I hold a Bachelor of
Science Degree in Accounting and Criminal Justice. I have approximately 12
hours of Master's Degree coursework in Professional Accountancy and I am a
graduate of the U.S. Department of Treasury's Federal Law Enforcement Training
Center's Criminal Investigator's Training Program in Glynco, Georgia. I am also
a graduate of the U.S. Treasury Inspector General for Tax Administration's
Inspector General Criminal Investigator Training Program in Glynco, Georgia. I

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have received agency specific training related to the investigation of programs
administered by the United States Department of Health and Human Services. I
am currently a Nationally Registered and South Dakota certified Emergency
Medical Technician and have held my National and South Dakota Certification
since December 2006. I am a graduate of the State of South Dakota Criminal
Justice Law Enforcement Standards and Training Academy. I have three years
of prior law enforcement experience as a sworn police officer within the State of
South Dakota. I was employed as a police officer with the City of Elk Point,

South Dakota, for approximately two years and with the City of Sioux Falls,
South Dakota, for approximately one year.
2.

As a Special Agent with the U.S. Department of Health and Human

Services my duties and responsibilities include conducting criminal and civil
investigations of individuals and businesses who have violated federal laws,
specifically those laws found in United States Code Titles 18, 21, and 42.

3.

I have conducted and/or participated in investigations utilizing

surveillance techniques, undercover operations, subpoenas, witness interviews,
subject interviews, and search warrants. 1 have executed search warrants on
individuals, residences, and business locations.

4.

This affidavit does not contain the entirety of my knowledge

regarding this investigation.
5.

This affidavit is made in support of an application for a search

warrant to search for and seize evidence of a violation of 21 U.S.C. §§ 841(a)(1)
2

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and 844, which criminalizes unlawful possession of a controlled substance and

distribution of controlled substances. The items that are the subject of the
seareh and seizure applied for in this affidavit are more speeifieally a hair sample
from the person of Dane Arredondo.
6.

On January 5, 2019, a Pennington County Sheriffs Deputy

responded to a disturbance call at [REDACTED] in Rapid City, South Dakota.
Upon arriving at the residenee, a heavily intoxicated Native American male
identified as David Arredondo answered the door. The Deputy observed a pair
of legs lying on the ground in the basement. The Deputy proeeeded to check on
the welfare of the female, identified as Ashley Richards. The Deputy observed
that Richards appeared to be intoxicated also. The Deputy observed another
highly intoxicated male identified as Dane Arredondo. Initially Dane Arredondo
provided a false name, however, his South Dakota driver license was located.

Dane Arredondo subsequently identified himself as a paramedie with the Oglala
Sioux Tribal Ambulanee Serviee (OSTA). After another Deputy arrived on scene,

various vials of controlled substanees were observed in plain sight on the couch
in the living room, where David was sitting. The Deputies observed the vials
were empty and labeled as Ketamine. In addition, a vial of Midazolam was seen.
When speaking again with Riehards, additional vials of Fentanyl were observed
in plain sight.
7.

The Deputies contaeted the OSTA to eonfirm if Arredondo was to

have access to these medieations off duty and the supervising paramedic
3

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V!

confirmed that Arredondo was not allowed to have these medications while off

duty. In total, one vial of Midazolam, one vial of Tranexamic Acid, three vials of
Ketamine, two vials of Ondansetron (Zofran), and two vials of Fentanyl were
seized and logged as evidence.

8.

On January 5, 2019, Dane Arredondo was employed by the Oglala

Sioux Tribal Ambulance Service (OSTA). OSTA is a Public Law 93-638 entity
that receives federal funding from the US Department of Health and Human
Services, Public Health Service, Indian Health Service to operate.

OSTA

provides emergency medical services for the Oglala Sioux Tribe Reservation.
Arredondo began working at the OSTA in approximately March 2013 as an

emergency medical technician.

Arredondo subsequently completed his

paramedic training in May 2018 and became a South Dakota licensed paramedic
in September 2018.

As a paramedic, Arredondo has access to controlled

substances maintained on the ambulance unit while on duty and for official
duties in treating OSTA patients.

9.

Fentanyl is a Schedule II controlled substance.

For medical

purposes, it is a liquid kept in one-use vials, most commonly 100 micrograms.
Midazolam is a scheduled III controlled substance. For medical purposes, it is

a liquid kept in glass vials, most commonly 5 milligrams.

Ketamine is a

schedule III controlled substance. For medical purposes, it is a liquid kept in
/

glass vials, most commonly 500 milligrams.

^

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10.

I have been informed that at the OSTA, paramedies have access to

controlled substances secured on the ambulance unit while.on duty. Controlled
substances are maintained on each advanced life support (paramedic)
ambulance in a secured and locked safe. Each paramedic will have access to

the keyless safe through a PIN, including Arredondo. Paramedies are only
authorized to obtain controlled substances through their established EMS

protocols while on duty to treat patients. When the secured safe is accessed,
the paramedic inputs the PIN into the keyless entiy and removes the required
controlled substances to administer immediately to the patient either on site or

while en route to a higher level of care. The medications used by the paramedic
are then documented on the relevant trip sheet for the patients, which serves as
the medical record. I was told by OSTA Paramedic Supervisor James Atchinson

that in his review of Arredondo's trip reports, Arredondo administered Fentanyl,

Midazolam, and Ketamine to a patient he treated for a gun shot wound.
11.

In administering liquid controlled substances, the dispensing

paramedic may have to "waste" excess amounts of the controlled substance.
For example, if a doctor orders 50 mierograms of fentanyl for a patient and the

vial contains ICQ mierograms, the excess 50 mierograms must be "wasted." The
wasting process involves disposing of the excess amount. OSTA paramedics are

required to waste unused controlled substances in the presence of another
medical personnel, such as a registered nurse or EMS provider, in order to

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combat abuse or theft.

Paramedic Atchison told me that Arredondo charted the

wasting of the Ketamine, Fentanyl, and Midazolam.
12.

I have been informed that the OSTA only recently started to stoek

controlled substances and allow paramedics to use these medications while
providing emergency medical services to its patients.

The OSTA formulary

stocks each ambulance with three vials of Ketamine, three vials of Fentanyl, and
two vials of Midazolam (Versed). The OSTA also stoeks each ambulance with a

variety of other injectable, non-controlled medications such as transexcemic acid
and Zofran.
13.

Richards and David Arredondo were at the residence where the

narcotic medications were observed in plain sight by the Deputies. Based on
the Deputies observations, Richards appeared to heavily intoxicated and had
laborious breathing while lying on the floor of the bedroom. Based on the
Deputy's observations, David Arredondo appeared to be heavily intoxieated when

he answered the door in response to the Deputy's knocking. In addition, David
Arredondo was not elear in his responses to the Deputy's questions regarding
the events that had transpired early resulting in law enforeement being
contacted. Based on my training and experience, the deseription of Richards'
and David's behavior is consistent with the ingestion of the nareotic medications
found at the scene.

14.

I am aware that in investigations involving possession of a controlled

substance, it can be useful to test an individual's bodily fluids for the presence
6

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of controlled substance. I am aware that hair samples can be colleeted from

individuals, and then the hair samples can be sent to a forensic or chemical
laboratory for testing and analysis.

Sueh testing and analysis of hair ean

generally determine controlled substance concentration levels in the body for a
period of up to 90 days.
15.

Based on the foregoing, I submit there is probable cause to believe

that the hair samples of Dane Arredondo contains evidence of the offense of

narcoties diversion and ingestion, as well as distribution, and I request a search
warrant be issued authorizing a collection of a hair sample from Dane Arredondo
for evidenee of a violation of 21 U.S.C. §§ 841(a)(1) and 844.

Dated:

'MIn

jTlJumder

S^ial Agent, HHS OIG
SUBSCRIBED and SWORN to before
be
me

this ht^ day of Januaiy, 2019.

DANETA WOLLMANN

U.S. MAGISTRATE JUDGE

7