Case Documentl Filed 01/14/19 Pagel

A0 91 Rev. 11/11) Criminal Complaint

 

United States of America
V.
Angel Philip Angulo In,

Defendant

 

UNITED STATES DISTRICT COUB

for the

Central District of California

 

 

CRIMINAL COMPLAINT

of 18 Page ID 

LT

 

 

Cl:

 

I FILED
us. COURT

?rst fl 

i


 

CENT
BY

RAL OF 

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baht?; 

 

CaseNo.E?19?0823fyi

I, the complainant in this case, state that the following is true to the best ofmy knowledge and belief.

On or about the dates of October 3, 2018 and November 7 2018, in the county of Riverside in the Central

District of California, the defendant violated:

Code Section

21U.S.C1 841(a)(1), 

O?ense 

This criminal complaint is based on these facts:

Please see attached a?davit.

Continued on the attached sheet.

Sworn to before me and signed in my presence. 
1 .

Date: 

City and state: Riverside, California

  

Distribution of at least 50 grains of
methamphetamine



Complex liar/1f ?5 Signature

Paul Kirw an, Special Agent

Printed name and title

 

Judge ?5 Signature

Hon. Shashi Kewalramani, U.S- Magistrate Judge

Printea name and title

 

Case Documentl Filed 01/14/19 Page2

AFFIDAVIT

1, Paul Kirwan, being duly sworn, declare and sta

I. PURPOSE OF AFFIDAVIT

 

1. This affidavit is made in support of a
complaint and arrest warrant against ANGEL PHILIP
for violations of 21 U.S.C. 841(a)(
(distribution of at least 50 gram
methamphetamine).
2. This affidavit is also made in support

application for a warrant to search the following
IMEI #351

device: a black LG Android Smart Phone,

3

of 18 Page ID 

te as follows:

criminal

ANGULO, JR.

1),

of

3f an

digital

503102439839

(the in the custody of the Bureau of Alcohol,

Tobacco, Firearms Explosives in Riverside, California,

as described more fully in Attachment A.
Brization to

3. The requested search warrant seeks auth

seize evidence, fruits, or instrumentalities of Violations of 21

U.S.C. ss 841(a)(1) (distribution of controlled 51

846 (conspiracy and attempt to distribute control:

and 18 U.S.C. 922(g)(1) (prohibited person in 

firearm) and 924(c) (possession of'a firearm in f1

drug trafficking crime) (the ?Subject Offenses?),
more fully in Attachment B. Attachments A and a
incorporated herein by reference.

4. The facts set forth in this affidavit a3
my personal observations, my training and experier
information obtained from various law enforcement

witnesses. This-affidavit is intended to show me:

ibstances) and
Led substances)
of a
1rtherance of a
as described

are

:e based upon
1ce, and
personnel and

rely that there

 

Case Documentl Filed 01/14/19 Page3

is sufficient probable cause for the requested co
warrant, and search warrant, and does not purport
all of my knowledge of or investigation into this
Unless specifically indicated otherwise, all conv
statements described in this affidavit are relate
and in part only.

II.BACKGROUND OF AFFIANT

mplaint,

of 18 Page ID 

arrest
to set forth

matter.

ersations and?

in substance

5. I am a Special Agent with the ATE, and have
been so employed since May 2017.

6. I am a graduate of the Federal Law Enforcement
Training Center and the ATE National Academy. I am an ATP

Interstate Nexus Expert, and routinely examine fi
ammunition to determine their origins and travel

cOmmerce. During my time as an ATF SA, I have te
expert witness in federal court, participated on,
different task forces, and assisted in multiple 
firearms investigations. Based on my training an
and on my conversation with other ATE SAs, I am 
the investigation of federal firearms and drug or
?the ways in which people who commit those crimes

residences, vehicles, and digital devices to faci
conceal their activity.

SUMMARY OF PROBABLE CAUSE

 

7. On October 1, 2018, I executed a search

phone in another investigation and saw that a numl

back to ANGULO was offering to sell firearms. On

2018, ANGULO sold an ATF undercover agent (the 

rearms and

in interstate
stified as an
multiple
arcotics and
experience,
amiliar with

imes, and with

use their

litate and

warrant on a
Der that traced
October 3,


-.J

 

Case Documentl Filed 01/14/19 Page4

approximately 102 grams of methamphetamine in Cor

California. On November 7, sold the

approximately 111 grams of methamphetamine in Riv
California.

ANGULO was arreste

8. On January 10, 2019,

state felony arrest warrant. Immediately prior t<

arrested, ANGULO was sitting in the passenger sea?
I found the

Mustang. After ANGULO was arrested,

mounted on the passenger?side dashboard, in front
ANGULO had been sitting.
IV.STATEMENT OF PROBABLE CAUSE
9. Based on my review of law enforcement re

conversations with other law enforcement agents, 

knowledge of the investigation, I am aware of the

A. ANGULO is Identified as a Firearms Sourc

10. On October 1, 2018, I executed a federai




warrant on Gregory Yarde?s personal cell phone.
charged in United States v. Gregory Yarde, Case NC

JGB, with violations of 21 U.S.C. 84l(a)(l) (dis

possessing with intent to distribute methamphetami
U.S.C. (possessing a firearm ir
of a drug trafficking crime) and 922(g)(1) (prohik
possession of a firearm).

I die

11. During my search of Yarde?s phone,

messages from August 2018 between Yarde and a cont

?Bullet,? in which ?Bullet? had sent Yarde multipl

of firearms in an attempt to sell the firearms to

3

of 18 Page ID 

ona,

UC

arside,

i pursuant to a

being.

of a Ford

SUBJECT DEVICE

of where

eports,

and my own

following:

39

i search
farde is

3. CR 18?284?
;tributing and
-ne) and 18

1 furtherance

>ited person in

;covered text
:act listed as/
_e photographs

him. I know

 

Case Documentl Filed 01/14/19 Page5

from my investigation of Yarde that Yarde has bee

multiple felonies and is prohibited from possessi

of 18 Page ID 

convicted of

ng firearms.

12. There were two phone numbers-stored for ?Bullet? in
Yarde?s contact list: (951) 963?1734 and (951) 963?0365. In one
of his text messages to Yarde, ?Bullet? stated that (951) 963?

0365 was his new number.

13. On October 2, 2018, I attempted to iden?
by querying the moniker ?Bullet? and the phone nu:
?databases.

0365 in law enforcement The query ret1

and other personal identifiers for ANGULO. I als
confidential informant working for ATF
whether he/she knew anyone with the moniker ?Bulle

indicated that he/she knew a gang member in Corona

that name.

14. Once I had obtained a mugshot and Depar1
Vehicle photograph of ANGULO, I showed the
to the CT. The CI indicated that the person in t1

was the person the CI knew as ?Bullet.?

15. The CI also provided a phone number for

phone number the CI provided was (951) 963?0365, 

the number from which ?Bullet? was sending text me
Yarde.
16. On October 2,

2018, I queried 

history using law enforcement databases and learne

 

1 The CI is being paid to assist law enforcen

has convictions for at least the following crimes-

offenses, drug offenses, and credit card and ideni

x4

aber

(the 

at.?



3

a

ify ?Bullet?

(951) 963?

irned mugshots

3 contacted a

and inquired

The CI

1 who went by

ment of Motor

photographs

1e photographs

?Bullet.? The
chich matched

essages to

:riminal

ad that ANGULO

ent. The CI
theft
:ity theft.

 

Case Documentl Filed 01/14/19 Page6

has been convicted of multiple felonies and is pr

possessing firearms and ammunition.

B. ANGULO Sells the UC Approximately 102 
methamphetamine on October 3, 2018
17. On or about October 3, 2018, at my dire

set up a deal between ANGULO and the UC in which
purchase four ounces of methamphetamine from ANGU

UC agreed to meet ANGULO at a commercial parking

California (the ?Corona parking lot?) to conduct
transaction.
18. ?At approximately 3:40 p.m. on October 3

and UC were waiting for ANGULO in the Corona park.
unmarked, undercover ATF car when a white, four?d
paper plates, tinted windows, and silver rims pul.
them. ANGULO got out of the white sedan and ente:

passenger seat of the ATE car. A female seated i1

seat of the white sedan did not get out of the car.

entered the ATF car, the UC recognized him from m1
photographs the UC had reviewed prior to the trans

l9. ANGULO sold ap;

Once inside the ATE car,
four ounces of methamphetamine to the UC for $700
handed the methamphetamine to the UC in a clear p:
The transaction was audio recorded by the UC.

20. During the transaction, ANGULO and the I

exchanging phone numbers for potential futnre drug

ANGULO told the UC that in the future, he/she couj

directly to arrange drug transactions.

LO.

of 18 Page ID 

ohibited from

rams of

:tion, the CT

the UC would

The CT and

lot in Corona,

the

2018DOI sedan with
Led up next to
:ed the front

1 the passenger
When ANGULO
1gshots and DMV
saction.
>roximately

ANGULO

_astic bag.

1C discussed
1 deals.

-d test ANGULO

 

Case Documentl Filed 01/14/19 Page?

21. ?After the controlled purchase with ANGU
Enforcement laboratory tes
methamphetamine ANGULO sold and confirmed that it

methamphetamine and that its net weight was appro

grams.

C. ANGULO Sells the UC Approximately 111 
Methamphetamine on November 7, 2018

22. On or about November 6, 2018, at my dir

contacted ANGULO via text message to set up anoth
sale of approximately four ounces of methamphetam
potentially a firearm to the UC. On or about Nov
the Cl and UC agreed to meet ANGULO at a commerci
in Riverside, California (the ?Riverside parking
conduct the transaction.

23. At approximately 3:25 p.m. on November
and UC were waiting for ANGULO at the Riverside 
an unmarked, undercover ATF car when ANGULO arrive
got into the passenger seat.

24. Once inside the ATF car, ANGELO sold ap}

four ounces of methamphetamine to the UC for $700.

handed the methamphetamine to the UC in a black p.
The transaction was audio and video recorded by t]

25. During the transaction, the UC inquired

purchasing a firearm from ANGULO. ANGULO was not

sell the UC a firearm. However, ANGULO indicated

.considering purchasing a couple firearms from a s<

obtained the firearms from a gun range.

LO,

ANGULO a:

of 18 Page ID 

a Drug

ted the

was 100% pure

Ximately 102

rams of

action, the CI
er deal for the
ine and

amber 7, 2018,

al parking lot

lot?) to

7, 2018, the CI-
arking lot in

ad on foot and

Jroximately
ANGULO
Lastic bag.
1e 

about
willing to
that he was
Durce who had

Lso mentioned

 

Case Documentl Filed 01/14/19 Page8

that he had just recently bought a ?sub?compact?
to purchase other firearms. I know from my train
experience that a ?sub?compact? refers to a pisto
that is smaller in size than a full?sized pistol
Because of their small size, sub~compacts are eas
than other firearms. Also during the transaction
the UC if he/she was interested in the ?black,? 
that is commonly used to refer to heroin.

26. After the controlled purchase,

of 18 Page ID 

and was looking
ing and

or handgun

or handgun.

ier to conceal
ANGULO asked

iich is a term

a DEA laboratory tested

the methamphetamine ANGULO sold and confirmed that it was 100%

pure methamphetamine and that its net weight was

D. ANGULO is Arrested on January 10,
SUBJECT DEVICE
27. On January 9, 2019, I queried law enfor

approximately

2019 with the

:ement

databases and learned that ANGULO had an active state felony

arrest warrant under Riverside County Case Number

violating California Penal Cede section 29800(a)(l)

possession of firearm)
section 11378 (possession of controlled substance

28.

RIF1804826 for

(felon in

and California Health and Safety Code

for sale).

After learning about the sate felony arrest warrant,

and after also receiving information_that ANGULO may be planning

a robbery, I attempted to locate ANGULO at various locations

that I know from my training and experience are frequented by

COrona gang members. On January 10, 2019,

Mustang with a California license plate number 4TT2258

Ford Mustang?) in the parking lot at the Tiffany 1

 

I found an older Ford

(?the

nn in Corona,

Case Documentl Filed 01/14/19 Page9

California. Although the Ford Mustang Was not re

ANGULO, I believed ANGULO was using it because it
description.and license plate number provided by
car.

29. After I saw the Ford Mustang in the Tif
parking lot, I reached out to officers from the 
West Post?Release Accountability Compliance Team
requested assistance with apprehending ANGULO. 
Iofficers arrived, they set themselves up in taked
around the parking lot so they could apprehend AN
left his motel room.

30.

with the motel manager.

ANGULO and asked if ANGULO was staying at the m0t?

manager stated that ANGULO was in fact staying the

he was in room number 210.
manager,
and walk down the stairs toward the Ford Mustang;
ANGULO from his mugshots and DMV photographs.
2018

him from the October 3, 2018 and November 7,

transactions because I had been conducting survei-

transactions.
31.
Corona)

who was carrying a small, black backpack,

passenger door of the Ford Mustang and got inside.

Meanwhile; I went inside the Tiffany In.

I showed the manager a p1

Shortly after speakin<

I saw ANGULO and a female exit motel r001

Ic

female companion (later identi:
entered the driver?s side of the Ford Musi

opened 1

of 18 Page ID 

gistered to
matched the

the CI for

fany Inn

iverside County
and
hen the PACT

awn positions

EULO when he

i and spoke

iotograph of



l. The motel

are, and that
with the
number 210

I recognized
also recognized

drug

Llance of those

fied as Desiree
:ang. ANGULO,

:he front

 

Case Document 1 Filed 01/14/19 Page 10 of 18 Page ID #:10

32. PACT officers blocked the Ford Mustang from leaving
the parking lot and arrested ANGULO pursuant to the state felony
arrest warrant. Officers also detained Corona. In anticipation
of frisking Corona, an officer asked if she had anything illegal-
on her person. Corona responded that she had drugs in her bra.
The officer patted her down and discovered approximately four
grams of suspected methamphetamine in a plastic bag in her bra.

33. Given the suspected methamphetamine found on Corona,
felony arrest warrant, and the fact that ANGULO was
contacted while inside the Ford Mustang, officers searched the
Ford Mustang. During the search, I specifically searched the
black backpack ANGULO was seen carrying, as well as his=
immediate lunging area, for any contraband. The backpack, which
was on the floor in front of the passenger seat, :ontained a
mask, a beanie with fake hair, gloves, bolt cutters, tools, and
zip ties.

34. The SUBJECT DEVECE was mounted in plain view on the
passenger-side dashboard of the car. The SUBJECT DEVICE was
placed in front of where ANGULO was sitting inside the car. I
asked Corona if the SUBJECT DEVICE belonged to her, and she said
it did not.

35. When issuing Corona a citation for possessing a
controlled substance, one of the PACT officers obtained Corona?s
phone number from Corona and dialed it. In response, a cell
phone mounted on the driverwside dashboard of the Ford Mustang

rang. The SUBJECT DEVICE did not ring.

 

Case Document 1 Filed 01/14/19 Page 11 of 18 Page ID #:11

36. Following the search of the Ford Mustang and motel

room number 210, ANGULO was booked into the Rivers

ide County

Jail on the state felony arrest warrant. The SUBJECT DEVICE was

taken into ATF custody. ANGULO was not interviews

or at the jail.

at the scene

TRAINING AND EXPERIENCE ON DRUG OFFENSES

37. Based on my training and experience and
with investigations into drug trafficking conducts
enforcement agents, I know the following:

a. Drug trafficking is a business that
numerous co?conspirators, from lower-level dealers
level suppliers, as well as associates to processr
deliver the drugs and launder the drug proceeds.
traffickers often travel by car, bus, train, or ai
?domestically and to foreign countries, in connecti
illegal activities in order to meet with co~conspi
conduct drug transactions, and transport drugs or
Drug trafficking is also often dangerous, and thus
traffickers, particularly those who already own.or
to firearms, often possess and carry firearms in 
their drug trafficking activities in order to, for
protect drugs and drug proceeds from theft.

b. Drug traffickers often maintain boo
notes, ledgers, bank records, and other records re
manufacture, transportation, ordering, sale and d;

illegal drugs. The aforementioned records are oft

lO

 

familiarity

by other law

involves

to higher*
package, and
Drug
rplane, both
on with their
rators,
drug.proceeds.
drug

have access
urtherance of

example,

ks, receipts,
lating to the
stribution of

en maintained

Case Documentl Filed 01/14/19 Page 12

where the drug trafficker has ready access to the
their cell phones and other digital devices.
c. Communications between people buyi
drugs take place by telephone calls and messages,
mail, text messages, and social media messaging a]
sent to and from cell phones and other digital de1
includes sending photos or videos of the drugs bel
seller and the buyer, the negotiation of price, a1
of whether or not participants will bring weapons
addition, it is common for people engaged in drug
have photos and videos on their cell phones of dr1
others working with them possess, as they frequent
photos to each other and others to boast about the
facilitate drug sales.
d. Drug traffickers often keep the nan
and telephone numbers of their drug trafficking as
Drug traffickers often kee

their digital devices.

meetings with associates, customers, and suppliers
digital devices,

location data.

AND EXPERIENCE ON FIREARMS 

38. From my training, personal experience,

collective experiences related to me by other-law

officers who conduct firearms investigations, I an

following:

a. Persons who possess, purchase, or

generally maintain records of their firearm transe

ll

including in the form of calendar






of 18 Page ID #:12

n, such as on
1g and selling
such as e?
aplications,
Jices. This
:ween the

1d discussion
to a deal. In
trafficking to
1gs they or

:ly send these
3 drugs or

ies, addresses,
ssociates on
2p records of

on their

entries and


the
enforcement

1 aware of the

ell firearms

ctions as

 

Case Documentl Filed 01/14/19 Page 13

items of value and usually keep them in their res
places that are readily accessible, and under the

control, such in their digital devices. It has 
experience that prohibited individuals who own fi
illegally will keep the contact information of th
who is supplying firearms to prohibited individua
individuals involved in criminal activities for 
or referrals. Such information is also kept on 
b. Many people also keep mementos of
including digital photographs or recordings of th
possessing or using firearms on their digital dev
photographs and recordings are often shared via 5
text messages, and over text messaging applicatio
c.
Correspond

their firearms and purchase firearms.

persons buying and selling firearms often occurs

calls, e?mail, text message, and social media mes

from smartphones, laptops, or other digital devic
includes sending photos of the firearm between th
the buyer, as well as negotiation of price. In 
individuals who engage in street sales of firearm
use phone calls, emmail,
each other regarding firearms that the sell or of
In addition, it is common for individuals engagin
unlawful sale of firearms to have photographs of
or other individuals working with them possess on

phones and other digital devices as they frequent

12

Those who illegally possess fiream

and teXt messages to com:

of 18 Page ID #:13

idence, or in
ir physical

een my

rearms

individual

ls or other
uture purchases
igital devices.
their firearms,
emselves

ices. These
ocial media,
ns.

ns often sell
ence between
over phone
sage to and
as. This

I.)

a

'seller and
y'experience,



3 frequently
nunicate with
fer for sale.
in the

firearms they

their cellular

Ly send these

 

 Documentl Filed 01/14/19 Page 14

photos to each other to boast of their firearms 
and/or to facilitate sales or transfers of firear

VII. TRAINING AND EXPERIENCE ON DIGITAL

39.? As used herein, the term ?digital devic

SUBJECT DEVICE.

40. Based on my training, experience, and i

those involved in the forensic examination of dig
know that the following electronic evidence, inte
often retrievable from digital devices:

elect

a. - Forensic methods may uncover

remnants of-such files months or even years after

been downloaded, deleted, or viewed via the Inter
when a person deletes a file on a computer, the 

in the file does not disappear; rather, the data
hard drive until overwritten by new data, which 
files vi

after a long period of time. Similarly,

Internet are often automatically downloaded into

directory or cache that are only overwritten as t}

replaced with more recently downloaded or viewed
also be recoverable months or years later.

b. Digital devices often contain elec
related to a crime, the device?s user, or the exi
how the dev

evidence in other locations, such as,

used, what it has been used for, who has used it,
been responsible for creating-or maintaining reco
and materials on the devi

programs, applications,

evidence is often stored in logs and other artifa

13

of 18 Page ID #:14

ossession
ms.
DEVICES



includes the
nformation from
ital devices, I
alia, is
ronic files or
the files have
net. Normally,
ata contained
remain on the
ay Only occur
awed on the

a temporary

are

:ontent and may
ironic evidence
stence of

Lce has been

and who has

:ds, documents,

ce. That

that are

 

 Documentl Filed 01/14/19 Page 15

not kept in places where the user stores files, a

where the user may be unaware of them. For examp
data can include evidence of deleted or edited fi
used tasks and processes; online nicknames and pa
form of configuration data stored by browser, e?m

programs; attachment of other devices; times the
use; and file creation dates and sequence.
c. The absence of data on a digital 
evidence of how the device was used, what it was
who used it. For example, showing the absence of
software on a device may be necessary to rebut a
device was being controlled remotely by such soft

d. Digital device users can also atte

data by using steganography, or by us

filenames and extensions. Digital devices may al
?booby traps? that destroy or alter data if certa
are not scrupulously followed. Law enforcement 
develops and acquires new methods of 
devices or data that cannot currently be 
41. Based on my training, experience, and 1
those involved in the forensic examination of dig
know that it is not always possible to search dev
during a search of the premises for a number of 
including the following:

a. Digital data are particularly vuln
inadvertent or intentional modification or destru

often a controlled environment with specially tra

14

used for,

of 18 Page ID #:15

nd in places

le, recoverable
les; recently
sswords in the
ail, and chat

device was in

evice may be

and

certain

claim that the
ware.

to conceal

ing misleading
so contain

in procedures
ontinuously
even for

d.

nformation from-
ital devices, I

ices for data

aasons,

arable to
:tion. Thus,

ined personnel

 

Case Documentl Filed 01/14/19 Page 16

may be necessary to maintain the integrity of and
complete and accurate analysis of data on digital
may take substantial time, particularly as to the
electronic evidence referenced above.

b.

Digital devices capable of storing

gigabytes are now commonplace. As an example of

data this equates to, one gigabyte can store clos

average file size (300kb) Word documents, or 614

average size of 1.5MB.
42. The search warrant requests authorizati
biometric unlock features of a device, based on 

which I know from my training, experience, and re

publicly available materials:
a. Users may enable a biometric unloc

some digital devices. To use this function, a us

displays a physical feature, such as a fingerprin

eye, and the device will automatically unlock if

feature matches one the user has stored on the device.

unlock a device enabled with a fingerprint unlock

tr

of 18 Page ID #:16

to conduct a
devices, which

categories of

multiple

the amount of
to 19,000

photos with an

on to use the
he following,

view of

function on

er generally

face, or

that physical

To

function, a

user places one or more of the user?s fingers on a device?s

fingerprint scanner for approximately one second.

device enabled with a facial, retina, or iris rec

To unlock a

Jgnition

function, the user holds the device in front of the user?s face

with the user?s eyes open for approximately one second.

b. a biometric

In some circumstances,
function will not unlock a device even if enabled,

a device has been restarted or inactive,

15

 

unlock.

such as when

has not been unlocked

Case Documentl Filed 01/14/19 Page 17

for a certain period of time (often 48 hours or I
a certain number of unsuccessful unlock attempts.
opportunity to use a biometric unlock function ev
enabled device may exist for only a short time.
the passcodes of the devices likely to be found i
c. The person who is in possession of
has the device among his or her belongings is lik
Thus,

the device. the warrant I am applying for

law enforcement personnel to: depress 
fingers on the SUBJECT and (2) hold the 
DEVICE in front of face with his or her
activate the facial?, iris?, and/or retina?recogn
43. Other than what has been described here
knowledge, the United States has not attempted to
data by other means.







7/






l6

ess),

in,

of 18 Page ID #:17

or after

Thusnot know

the search.

a device or

ely a user of
would permit

5 thumb? and/or
UBJECT

eyes open to

ition feature.

to my

obtain this

 

Case Documentl Filed 01/14/19 Page 18



44.

probable cause to believe that ANGULO violated 21

84l(a)(l):

Substance.

items to be seized described in Attachment will

search of the SUBJECT DEVICE described in Attachm

Subscribed to and sworn before me
this ?41 day of January, 2019.



CONCLUSION

For all of the reasons described above,

Possession with Intent to Distribute

There is also probable cause to belie



of 18 Page ID #:18

there is
U.S.C.

a Controlled
ve that the

be found in a

ent A.

 

Paul Kirwan,
Bureau of Alco
Firearms and 

 

UNITED STATES MAGISTRATE JUDGE
SHASHI H. KEWALRAMANI

17

Special Agent

hol, Tobacco,
xplosives