Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.5 Page 1 of 37
AO 106 (Rev. 04/10) Application for a Search Warrant

----·------.

UNITED STATES DISTRICT COUR

I

for the

Southern District of California

In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)
Sch.net
9120 Double Diamond Parkway, Suite 5901,
Reno, NV S9521

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CLERK US DIS IHICT
COUHT
SOUTHERN DISTRICT
OF CALIFORNIA
BY
DEPUTY

Case No.

19MJ1755

APPLICATIONFORASEARCHWAR RANT

r.ASE

UNSEALED PER

ORDER OFCOUR

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under

penalty of perjury that I 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):
SEE ATTACHMENT A
(INCORPORATED HEREIN)

located in the

------

District of

Nevada

------

, there is now concealed (identifY the

person or describe the property to be seized):
Sch.net
SEE ATTACHMENT B
(INCORPORATED HEREIN)

The basis for the search under Fed. R. Crim. P. 4l{c) is (check one or more):

rf evidence of a crime;
ff contraband, fruits of crime, or other items illegally possessed;
� property designed for use, intended for use, or used in committing a crime;
0 a person to be arrested or a person who is unlawfully restrained.

The search is related to a violation of:

Code Section

Offense Description

1S U.S.C. 247(a)(1), (a)(2)

Intentional obstruction, by force or threat of force of persons in the free exercise of

1S U.S.C. 249(a)(1)

religious belief, resulting in death; willfully causing bodily injury to persons through
the use of a firearm because of the actual or perceived religion of said persons, re

The application is based on these facts:
SEE AFFIDAVIT OF SPECIAL AGENT MICHAEL J. ROD, INCORPORATED HEREIN.

ff Continued on the attached sheet.

0 Delayed notice of

days (give exact ending date if more than 30 days:

-----

) is requested

under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.

QlAt\""'<j--

J

-

Applicant's signature

Special Agent Michael J. Rod, FBI

Printed name and title
Sworn to before me and signed in my presence.

Date:

04/2S/2019

City and state:

San Diego, CA

I

Honorable Jill L. Burkhardt

Printed name and title

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.6 Page 2 of 37

1

AFFIDAVIT IN SUPPORT OF

2

AN APPLICATION FOR A SEARCH WARRANT

3
4
5
6

I, Michael J. Rod, being first duly sworn, hereby depose and state as follows:
INTRODUCTION

I.

1.

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

7

warrant, pursuant to lS U.S.C. 2703(a), 2703(b)(l )(A), and 2703(c)(l )(A), for

8

information associated with the following Schan posting with ID 4e267a and No.

9

13192921 (hereinafter the "subject posting"), created by John Earnest and others,

1O

known and unknown, and stored at the premises owned, maintained, controlled, or

11 operated by Sch.net, 9120 Double Diamond Parkway, Suite 5901, Reno, NV S9521.
12
13
14
15
16
17
18

2.

As described in further detail below, on April 2S, 2019, John Earnest,

armed with an ARl 5 style rifle, conducted an attack at the Chabad of Poway
synagogue, injuring three individuals and killing one individual. He was later
arrested and interviewed and admitted to the Chabad of Poway incident, as well as
an arson at the Dar-ul-Arqam Mosque and Islamic Center on March 24, 2019.
3.

There is probable cause to believe that within Schan, more fully

19

described in Attachment A, will be found evidence of violations of federal law,

20

namely, intentional obstruction, by force or threat of force of persons in the free

21 exercise of religious belief, resulting in death, in violation of 1S U.S.C. § 247(a)(2),
22 willfully causing bodily injury to persons through the use of a firearm because of the
23

actual or perceived religion of said persons, resulting in death, in violation of 1S

24

U.S.C. § 249(a)(l), and damage to religious property, in violation of l S U.S.C. §

25

247(a)(l ), as more fully described in Attachment B.

26
27
28

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.7 Page 3 of 37

1

4.

I am an investigative or law enforcement officer within the meaning of

2 Title 18, United States Code, Section 2510(7); that is, an officer of the United States,
3

who is empowered by law to conduct investigations of and to make arrests for

4

offenses enumerated in Titles 18 and 21 of the United States Code.

5
6
7
8

9
10

11
12
13
14

5.

I am a Special Agent of the FBI, and have been so employed since May

2010. I am currently assigned to the San Diego Field Division. Prior to joining the
FBI, I was a United States Marine Corps Judge Advocate serving on active duty
from November 2001 until May 2010. In my capacity as a Judge Advocate, I
prosecuted and defended violations of the Uniform Code of Military Justice, acted
as the Investigating Officer during criminal proceedings, provided legal assistance
to service members, and advised military commanders on a wide variety of civil and
administrative matters.
6.

I have received twenty-one weeks of training at the FBI Academy in

15

Quantico, Virginia. During that training, I received instruction regarding a wide

16

variety of investigative techniques that are commonly used in support of a wide

17

range of the FBI's investigative priorities. The training included instruction

18

regarding the use of sources, electronic surveillance techniques, law enforcement

19

tactics, search and seizure laws and techniques, surveillance, forensic techniques,

2o

interviewing, and a variety of other subjects. I have acted as the lead investigator on

21 a variety of cases and have participated in multiple cases that have focused on gang
22 related matters.
23
24
25
26

7.

Between July 2012 and February 2019, I was assigned to the North

County Regional Gang Task Force (NCRGTF). During my time at the NCRGTF, I
had personal contact with dozens of self-admitted or known gang members and their

27
28

2

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.8 Page 4 of 37

1

associates and have discussed their lifestyles, method of operations regarding violent

2

and property crimes, and their drug trafficking and drug distributing activities. I have

3

participated in investigations involving criminal gang members including but not

4

limited to Hispanic criminal street gangs. In March 2019, I was assigned to the HTTF

5

and have assisted in cases involving human trafficking and the sexual exploitation

6

of adults and children. The facts set forth in this affidavit are based on my own

7

personal knowledge, knowledge obtained from other individuals during my

8

participation in this investigation (including other law enforcement officers), my

9

review of documents and computer records related to this investigation, and

10

information gained through my training and experience. Because this affidavit is

11

submitted for the limited purpose of establishing probable cause for a search warrant,

12

it does not set forth every fact that I or others have learned during this investigation.

13
14
15
16
17
18
19
20
21
22
23
24
25

PROBABLE CAUSE

II.

A. Chabad of Poway Attack

8.

During the course of my current duties, I have learned the following

from consulting with other state, local and federal law enforcement officers,
including San Diego Sheriff's Department (SDSD) Detectives, San Diego County
District Attorney Investigators, and my fellow FBI agents.
9.

On April 27, 2019 at approximately 11:23 am. San Diego Sheriffs

Communication Center received a 911 call of shots fired at the synagogue located
on Chabad Way in Poway. The reporting party, Dan Sedereff, stated shots were
fired in the synagogue.
10.

During a briefing by the SDSD following the incident, it was reported

that a white male, later identified as John Earnest, entered the synagogue through

26
27
28

3

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.9 Page 5 of 37

1

the front door and fired several rounds from an AR15 rifle. He then proceeded

2

further into the synagogue where he began firing rounds.

3

11.

The SDSD stated that inside the synagogue was off-duty Border Patrol

4

Agent Jonathan Morales who retrieved a revolver weapon from one of the

s

congregation members and chased the suspect out of synagogue firing four shots at

6

him as he got into a silver Honda that was parked across the street from the church.

7

The Honda fled northbound on Rancho Bernardo Road. Morales then returned the

8

gun to the congregation members who placed it in a black prayer bag and left it in

9

the synagogue.

1o

12.

It was determined by officers that four people were shot and transported

11

to the hospital.

12

13.

SDSD Deputies responded to the synagogue along with paramedics.

l3

The synagogue was secured by deputies pending obtaining a search warrant from

14

state authorities, which was planned to be executed later that day.

15

14.

The same day (April 27, 2019), at approximately 11:30 a.m., a male

l6

who identified himself as John Earnest called into California Highway Patrol

17

emergency line stating that he had fired shots into the synagogue and was willing to

18

surrender to law enforcement. Earnest called from phone number 858.999.1461.

19

Earnest gave his location as Phil's BBQ at 17051 West Bernardo Center Dr. He

20

stated he was in possession of an AR15 Smith & Wesson MP15 rifle and several

21

rounds of ammunition in his vehicle but that he would not use them against law

22

enforcement. During that call, Earnest made the following comments, among others:

23

"I just shot up a synagogue. I'm defending my country . . . I'm just trying to defend

24

my nation against the Jewish people; they're destroying our people . . . I opened fire

25

at a synagogue; I think I killed some people." I am informed and believed that Smith

26

& Wesson does not manufacture firearms in the State of California.

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28

4

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.10 Page 6 of 37

1

15.

San Diego Police Department ("SDPD") Officers responded to that

2

location and took John Earnest into custody without further incident. Seen on the

3

front passenger seat was an ARI 5 rifle but no handgun was visible. Additionally, in

4

the vehicle was a helmet with a Go-Pro camera on it. SDPD Officers were holding

5

the vehicle secure at the location pending obtaining and executing a state search

6

warrant.

7
8

9
10

16.

While on scene at the vehicle, it was learned that one of the victims,

Laurie Kaye, died as a result of gunshot wounds.
17.

During a public safety interview with SDPD Detective Rudy Castro,

John Earnest confirmed his home address as 10134 Freeport Ct., San Diego CA. He

11 further stated that there were no further weapons at the home. At that time, Earnest
12

did not appear to be under the influence of a controlled substance but did appear to

13

have a "flat affect" as though he was detached or unaffected by his actions.

14

18.

SDPD SWAT officers and Detectives responded to the residence on

15

Freeport Ct. The parents of the suspect were contacted and escorted from the home

16

and taken to the Sheriff's Poway substation, pending the execution of a state search

17

warrant on their residence. While at the substation, the parents informed law

18

enforcement that their son frequently uses a computer in their home.

l9

19.

Using various search methods, Whitney Buckingham an SDSD system

2O

data miner, found a manifesto on Pastebin.com written by a person identifying

21

himself as John Earnest. In the manifesto, which he named "An Open Letter",

22 Earnest made many anti-Semitic and anti-muslim statements. One such statement
23

which is a direct quote is, "As an individual, I can only kill so many Jews." He states

24

he is not a terrorist but that he hates anyone who he sees as a threat to his country.

25

Earnest took credit for a fire that had been set at mosque in Escondido a few weeks

26

earlier. His exact statement was "I scorched a mosque in Escondido with gasoline a

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28

5

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.11 Page 7 of 37

2

week after Brenton Tarrant's sacrifice and they never found shit on me. 11
Additionally, he wrote 11I spray-painted on the parking lot. I wrote 'For

3

Brenton Tarrant -t./pol/. 11

1

4

20.

FBI Special Agent Maria Solomon observed part of the post-Miranda

5

statement of Earnest. During that interview, he informed an SDSO Detective that

6

he had adopted his ideology of hate for members of the Jewish religion

7

approximately 18 month earlier. Based on my training and experience, I know that

8

there is a process in which someone undergoes adoption of radical ideologies. This

9

process can take several months or several years before a person actually commits

1O

to those ideologies. During the interview, Earnest also stated that he was inspired

11

by individuals such as Adolph Hitler and Brenton Tarrant.

12
13

B. Dar-ul-Arqam Mosque and Islamic Center Arson

21.

Based on information received from Bureau of Alcohol, Tobacco,

14

Firearms and Explosives ("ATF") Special Agent Scott Brahin, on March 24, 2019,

l5

an unknown individual set fire to a mosque in Escondido, California.

16
17
18
19
2O
21
22
23
24

25
26

22.

Specifically, on March 24, 2019, at approximately 3:19 a.m., a 911 call

was placed to report a fire at the Dar-ul-Arqam Mosque and Islamic Center
("mosque"), located at 318 West 6th Avenue in Escondido, California. The
Escondido Fire Department and then Escondido Police Department ("EPD")
responded. First responders learned approximately seven individuals had been
spending the night at the mosque and, at approximately 3:15 a.m., they had observed
flames and rushed outside to extinguish them with a fire extinguisher. First
responders noticed ash or charring along approximately half the length of the
mosque's west side and spray-painted writing on the asphalt parking lot near where
the fire had occurred that read, "FOR BRENTON TARRAN r/pol/." First responders
also noticed the odor of, or similar to, gasoline at the location of the fire.

27
28

6

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.12 Page 8 of 37

1

23.

Investigators conducted an online search for "Brenton Tarran" and

2

noted that he was arrested for the mass shootings at two mosques in New Zealand

3

that occurred on March 15, 2019 and is believed to be a white supremacist.

4

Investigators also learned "r/pol/" is a reference to an online political discussion

5

board that has been characterized as predominately racist, espousing views

6

embraced by white supremacist groups.

7

24.

Investigators reviewed surveillance footage retrieved from a business

8

across the street from the mosque. The camera recorded an individual ("suspect")

9

park his/her four-door sedan in front of the mosque at approximately 3:00 a.m. In

1O

the video, the suspect exited the vehicle, walked towards the parking lot where the

11

message was later found spray painted, and then returned to the vehicle. Shortly

12

thereafter, the suspect again exited the car carrying a large container and walked

13

toward the area of the mosque where the fire was set. A short time later, at

14

approximately 3:15 a.m., a large flash of light and smoke are seen in the video and

15

the suspect walked back to the vehicle and drove away westbound on West 6th

16

Avenue.

17

investigators observed that the suspect appeared to arrive at the mosque on March

18

24, 2019 by driving eastbound on West 9th Avenue, northbound on South Escondido

19

Boulevard, and then westbound on West 6th Avenue, where he parked in front of

20

the mosque. Investigators also observed, as noted above, that the suspect left the area

21

by driving westbound on West 6th Avenue. Based on their review of surveillance

22

videos, investigators believed that the suspect was driving a 2010 to 2015 Civic

23

Honda, silver in color.

24

25.

In surveillance videos obtained from businesses along the route,

Earnest's statements in the manifesto that he set fire to the Escondido

25

mosque on March 24, 2019, are corroborated by the following. At the time of his

26

arrest for the synagogue shooting, Earnest was driving a 2012 Honda Civic, grey in

27
28

7

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.13 Page 9 of 37

1

color. Additionally, the spray painted message left by the mosque arsonist was not

2

released to the media. The fact that the manifesto specifically makes reference to

3

that message further corroborates that Earnest committed the mosque arson.

4
5

C. Schan Posting

26.

Based on my training and experience, and online research, Schan, also

6

known as Infinitechan or Infinitychan (sometimes stylized as oochan), is an

7

American-based website composed of user-created boards. According to Wikipedia,

8

"An owner moderates each board, with minimal interaction from other site

9

administration."

10

27.

On April 27, 2019, an Anonymous user posted on Schan a posting with

11

thread number 13192921 and posting ID number 4e267a. The posting read in part:

12

It's been real dudes. From the bottom of my heart thank you for

13

everything. Keep up the infographic redpill threads. I've only been

14

lurking for a year and a half, yet, what I've learned here is priceless.

15
16

It's been an honor.

17
18
19

Livestream link is below as well as my open letter. Livestream will
begin shortly. https://www.facebook.com/john.eamest.967SO

20
21

An open letter.

22

https://pastebin.com/VXXFOMTW

23

https://www.mediafire.com/file/d9oilcmjbenxiyz/Open Letter.pdf.file

24
25
26

2S.

As discussed above, agents observed the content at the above described

pastebin.com address and observed an open letter believed to be written by Earnest.

27
28

8

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.14 Page 10 of 37

1 Additionally, on April 27, 2019, Greg Simon of the SDPD located the above
2

described posting that included information about a livestream using a Facebook

3

account, https://www.facebook.com/john.earnest.96780 (i.e., Facebook Account

4

Number 100035547390347, with user name ''john.earnest.96780."). On or about

5

April 27, 2019, following the synagogue shooting, local law enforcement authorities

6

served a search warrant on Facebook for records for the ''john.earnest.96780"

7

Facebook account, pursuant. In response to that request, Facebook provided records

8

which listed the user's phone as 858.999.1461 (the same number Earnest used to call

9

the CHP on April 27, 2019). Facebook verified the number on April 7, 2019.

10

Facebook identified two additional Facebook accounts possibly utilized by the user

11

of the john.earnest.96780 Facebook account, which were accessed via the same

12

browser and the same electronic device.

13

29.

14

-tli''� °'-� c:ML-vrr
above described posting and thread. See Appendix 1, attached to AttaehmefttB. For

15

example, on April 27, 2019, a posting with ID 2d7a65 and thread number 13193230

16

posted, "anyone had a decent read of his manifesto yet?" Another posting, ID

17

cb34c8 and thread number 13193259, stated:

18
19
20
21
22

It's very much written for /pol/, he goes into some depth about things
being called falseflags, about how you should start getting
prepared. . . Tarrant was a much more articulate writer, and walked
through his thought process much more, which leads to people being
able to understand (even if they can't publicly admit) why he did what
he did. Earnest's honest passion is his highlight and his weakness - no
boomer is going to read this and suddenly became aware of the JQ."

23
24

Another April 27, 2019 with ID 078285 and thread number 13193283 posted an

25

image of a news station article posted on April 27, 2019 at 12:11 pm. The headline

26
27
28

�

Agents observed that there were several postings responding to, the

9

�

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.15 Page 11 of 37

1

stated, "Multiple people gunned down at Poway Synagogue, police search for

2

shooter."

3
4

D. Basis for Information Sought
30.

Agents seek IP address and metadata information about Earnest's

5

original posting and the postings of all of the individuals who responded to the

6

subject posting and/or commented about it. Additionally, agents seek information

7

about any other posting coming from the IP address used by Earnest to post the

8

subject posting.

9

31.

As discussed above, Earnest made a posting in which he thought to

1O

draw attention to his forthcoming attack on the Chabad of Poway, share his views

11

through his open letter, and offer people the opportunity to observe the attack itself.

12

Several people responded, both individuals who were taken aback about the posting

13

as well as people who were sympathizers. As a result, some of the individuals may

14

be potential witnesses, co-conspirators and/or individuals who are inspired by the

15

subject posting. Based on agents' training and experience, following attacks such

16

as those conducted by Earnest, other individuals are inspired by the attacks and may

17

act of their own accord. For example, as described above, Earnest himself was

18

inspired by the Christchurch event in New Zealand. Regardless of the nature of the

19

comments, the evidence sought to be seized as described in Attachment B is relevant

20

as evidence of Earnest's bias and motivation in committing the hate crimes set forth

21

in Attachment B. Even comments made in response to the subject posting or about

22

it are relevant to Earnest's motivation for his violent attacks to the extent that as

23

explained above, some of the posters may be potential witnesses, co-conspirators

24

and/or individuals who are inspired by the subject posting. As discussed above,

25

Earnest stated in the subject posting, "I've only been lurking for a year and a half,

26

yet, what I've learned here is priceless." This information suggests that Earnest was

27
28

10

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.16 Page 12 of 37

1

inspired and/or educated by individuals who commented on his threads. Based on

2

this information, there is reasonable cause to believe that the information sought,

3

specifically IP address and metadata for all commenters, constitute evidence of his

4

motivation in committing the offenses described herein and are thus relevant and

5

material to an ongoing criminal investigation, information that may be sought by an

6

order issued pursuant to l S U.S.C. § 2703(c) and ( d). That is, the information may

7

lead to the identity of individuals who inspired and/or educated Earnest or are aware

8

of his motivation in committing the attacks.

9

32.

FBI agents have consulted with Sch.net about the kind of information

1o

that the website maintains and understand that Sch.net is an anonymous imageboard

11

and users are not required to create an account or use a name or an email address to

12

post. Hence, regular users usually have no usernames or email addresses linked to

13

their posts. However, agents have also learned that Sch.net has used data forensics

14

in the past to find information about individuals who have posted on Sch.net,

15

including IP address and metadata information (although not if the thread or post has

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n my experience and traming, and the experience and training

of other agents with whom I have consulted with, electronically stored data can be
21

permanently deleted or modified by users possessing basic computer skills. In this

22

case, only if the subject receives advance warning of the execution of this warrant,

23

will there be a genuine risk of destruction of evidence.

24

B.

Prior Attempt to Obtain Evidence

25

34.

The United States is aware that individual users of ch.net contacted law

26

enforcement authorities about the subject posting and may have provided the subject

27
28

11

1•

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.17 Page 13 of 37

1

posting to law enforcement authorities. The United States is unaware of other efforts

2

except as described herein.

3

C.

4

35. Ch.net is an Internet company that, among other things, provides electronic

5

communication services to its subscribers. Ch.net's electronic mail service allows

6

its subscribers to exchange electronic communications with others through the

7

Internet.

8

36.

Ch.net

At the creation of a Ch.net account and for each subsequent access to

9

the account, Ch.net logs the Internet Protocol ("IP") address of the computer

1O

accessing the account. An IP address is a unique address through which a computer

11

connects to the Internet. IP addresses are leased to businesses and individuals by

12

Internet Service Providers.

13

particular Ch.net account often identifies the Internet Service Provider that owns and

14

has leased that address to its customer. Subscriber information for that customer

15

then can be obtained using appropriate legal process.

Obtaining the IP addresses that have accessed a

16

D.

Procedures for Electronically Stored Information

17

37.

Federal agents and investigative support personnel are trained and

18

experienced in identifying communications relevant to the crimes under

19

investigation. The personnel of Ch.net are not. It would be inappropriate and

2O

impractical for federal agents to search the vast computer network of Ch.net for the

21

relevant accounts and then to analyze the contents of those accounts on the premises

22

of Ch.net. The impact on Ch.net's business would be severe.

23

'

38.

Therefore, I request authority to seize all content, including electronic

24

mail and attachments, stored instant messages, stored voice messages, photographs

25

and any other content, as described in Attachment B. In order to accomplish the

26

objective of the search warrant with a minimum of interference with the business

27
28

12

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.18 Page 14 of 37

1

activities of Ch.net, to protect the rights of the subject of the investigation and to

2

effectively pursue this investigation, authority is sought to allow Ch.net to make a

3

digital copy of the entire contents of the accounts subject to seizure. That copy will

4

be provided to me or to any authorized federal agent. The copy will be forensically

5

imaged and the image will then be analyzed to identify communications and other

6

data subject to seizure pursuant to Attachment B. Relevant data will be copied to

7

separate media. The original media will be sealed and maintained to establish

8

authenticity, if necessary.

9

39.

Analyzing the data to be provided by Ch.net may require special

1o

technical skills, equipment and software. It also can be very time-consuming.

11

Searching by keywords, for example, often yields many thousands of"hits," each of

12

which must be reviewed in its context by the examiner to determine whether the data

13

in within the scope of the warrant. Merely finding a relevant "hit" does not end the

14

review process. Certain file formats do not lend themselves to keyword searches and

15

keyword search text. Many common electronic mail, database and spreadsheet

16

applications, which files may have been attached to electronic mail, do not store data

17

as searchable text. The data is saved in a proprietary non-text format. The volume of

18

storage allotted by service providers increases, the time it takes to properly analyze

l9

recovered data increases dramatically.

20

40.

Based on the foregoing, searching the recovered data for the

21

information subject to seizure pursuant to this warrant may require a range of data

22

analysis techniques and may take weeks or even months. Keywords need to be

23

modified continuously based upon the results obtained. The personnel conducting

24

the examination will complete the analysis within (90) days of receipt of the data

25

from the service provider, absent further application to this court.

26
27
28

13

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.19 Page 15 of 37

1

41.

Based upon my experience and training, and the experience and training

2

of other agents with whom I have communicated, it is necessary to review and seize

3

all posting that identify any poster of the subject posting and any postings sent or

4

received in temporal proximity to incriminating electronic mails that provide context

s

to the incrimination mails.

6

42.

All forensic analysis of the imaged data will employ search protocols

7

directed exclusively to the identification and extraction of data within the scope of

8

this warrant.

9

IV.

REQUEST FOR SEALING AND PRECLUSION OF NOTICE

10

43.

Although John Earnest has been arrested by state authorities, he is

11

unaware of the scope and nature of law enforcement's investigation into his

12

activities. Additionally, law enforcement is still investigating whether he acted

13

alone, or conspired with others or was inspired by others. As such, there is reason

14

to believe that that disclosure of the affidavit and warrant will result in destruction

15

of or tampering with evidence or otherwise seriously jeopardize the investigation.

16

Accordingly, it is requested that this warrant and its related materials be sealed until

17

further order of the Court. In addition, pursuant to Title 18, United States Code,

18

Section 2705(b), it is requested that this Court order Ch.net to whom this warrant is

l9

directed not to notify anyone of the existence of this warrant, other than its personnel

20

essential to compliance with the execution of this warrant until October 28, 2019,

21

absent order from the Court.

22

V.

CONCLUSION

23

44.

Based on the foregoing, your affiant submits that there is probable

24

cause to believe that violations of federal criminal law, namely, violations of federal

25

law, namely, intentional obstruction, by force or threat of force of persons in the free

26

exercise of religious belief, resulting in death, in violation of 18 U.S.C. § 247(a)(2),

27
28

14

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.20 Page 16 of 37

1

willfully causing bodily injury to persons through the use of a firearm because of the

2

actual or perceived religion of said persons, resulting in death, in violation of 18

3

U.S.C. § 249(a)(l), and damage to religious property, in violation of 18 U.S.C. §

4

247(a)(l), have occurred, and that evidence of said violations, as described in

5

Attachment B will be found within the subject posting and all the postings of all of

6

the individuals who responded to the subject posting and/or commented about his

7

posting.

8
9
1o

I declare under penalty of perjury under the laws of the United States that the

11

foregoing is true and correct.

12
13

Michael J. Rod

14

FBI, Special Agent

15
16

Sworn to before me this

17

_z±:1day of April __ 2019

18
19
20
21

ED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28

15

 Case Documentl Filed 04/29/19 PageID.21 Page 17 of37

 

Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.22 Page 18 of 37

File (hide): 24426db8le67b3d

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1
2
3
4
5

ATTACHMENT A

This warrant applies to information associated with Schan posting with ID�
IV\

�

� s==�bout the posting, owned, maintained, controlled, or if

posting an

operated by Sch.net, 9120 Double Diamond Parkway, Suite 5901, Reno, NV S9521.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

�p� lt >'-- �

4e267a and No. 13192921 and all postings by individuals wftti restiendeel to said

16

 Case 3:19-mj-01755-JLB Document 1 Filed 04/29/19 PageID.41 Page 37 of 37

1
2
3
4

17
18
19
20
21
22
23
24
25
26
27
28

ATTACHMENT B

All information, including but not limited to, IP address and metadata
information, related to Schan posting with ID 4e267a and No. 13192921 and all postings
,

by individuals

c�

�
v;r�G�d to said posting and/or oemni:ente«
about said posting,

as

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.5 Page 1 of 23
AO 106 (Rev. 04/10) Application for a Search Warrant

UNITED STATES DISTRICT C
for the
Southern District of California
In the Matter of the Search of

)
)
)

(Briefly describe the property to be searched
or identif.y the person by name and address)

Case No.

)

Information that is stored at Facebook,
1601 Willow Road, Menlo Park, California 94025

j

CASE UNSEALED PER ORDER OF COURT

J 9MJ 1 7 56

APPLICATIONFOR ASEARCHWARRAN

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that I 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);
See Attachment A

located in the

Northern

District of

California
-----

, there is now concealed (identifY the

person or describe the property to be seized):
See Attachment B

The basis for, the search under Fed. R. Crim. P. 4l(c) is (check one or more}:

� evidence of a crime;
ii' contraband, fruits of crime, or other items illegally possessed;

0 property designed for use, intended for use, or used in committing a crime;
0 a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:

Offense Description

Code Section
18 U.S.C. § 247(a)(2);

Intentional obstruction by force of persons in the free exercise of religious belief;

18 U.S.C. § 249(a)(1);

Willfully causing bodily injury to persons through the use of a firearm because of

18 U.S.C. § 247(a)(1)

their actual or perceived religion; damage to religious property

The application is based on these facts:
See attached affidavit of ATF Senior Special Agent Matthew Beals

ii' Continued on the attached sheet.
0 Delayed notice of

__

days (give exact ending date if more than 30 days:

) is requested

under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.

ULia ,c;__�

53\+tW\!\_,,�

Ji.pplicant 's

signature

FBI Special Agent Maria Solomon

Printed name and title
Sworn to before me and signed in my presence.

Date:

Judge 's signature
City and state: San Diego, California

Magistrage Judge Jill L. Burkhardt

Printed name and title

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.6 Page 2 of 23

ATTACHMENT A

This warrant applies to information associated with following Facebook
accounts:
Facebook ID Account Number 100027636555708, with Facebook User Name
"John Earnest"·, and
Facebook ID Account Number 100005829157939, with Facebook
Username: "John Tocatina,"
that are stored at premises owned, maintained, controlled, or operated by Facebook,
1601 Willow Road, Menlo Park, California 94025

1

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.7 Page 3 of 23

ATTACHMENT B
I.

Service of Warrant

The officer executing the warrant shall permit Facebook, as custodian of the
computer files described in Section II below, to locate the files and copy them onto
removable electronic storage media and deliver the same to the officer.
II.

Items Subject to Seizure

All registration information; Phone and associated devices; Trusted devices; Deleted
friends; Last location; IP history; Stored video and audio direct message
communications; Any and all accounts associated by cookie; User Names and
profile names; E-mail addresses and passwords; Any and all live stream video
associated with account; Profile information; Friends information; Private messages
in the user's inbox, sent messages, trash/deleted messages, notifications and updates
involving any and all user; Chat information in the user's inbox, sent messages,
trash/deleted messages, notifications and updates involving any and all user; IP logs
(which includes the date stamps of the IP logs at login), initial login IP address and
account activity and other information including name, address, phone number and
other screen names that may tend to identify the user; and any other files associated
with the following accounts:
Facebook ID Account Number 100027636555708, with Facebook User Name
"John Earnest"· and
'

Facebook ID Account Number 100005829157939, with Facebook
Usemame: "John Tocatina,"
(hereinafter, the "SUBJECT ACCOUNTS"). The search of the data supplied by
Facebook, Inc., pursuant to this warrant will be conducted as provided in the
"Procedures for Electronically Stored Information" of the affidavit submitted in
support of this search warrant and will be limited to:
a.
Communications, data, or attachments relating to the research,
purchase, or acquisition of firearms, and the research or manufacture of incendiary
or explosive devices;

11

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.8 Page 4 of 23

b.
Communications, data, or attachments tending to identify others
involved in the criminal activity described below;
c.
Communications, data, or attachments third parties with whom John
Ernest discussed the criminal activities described below;
d.
Communications, data, or attachments relating to John Earnests'
motivation and bias for committing the criminal activities described below;
e.
Communications, data, or attachments relating to the research of, visits
to, or other connections with the Synagogue located on Chabad Way in Poway,
California, and/or the Dar-ul-Arqam Mosque and Islamic Center (the "mosque"),
located at 318 West 6th Avenue in Escondido, California;
Communications, data, or attachments relating to the research or
viewing of news articles and reports about the arson that occurred at the mosque in
Escondido, California on March 24, 2019, or criminal acts committed by other
individuals involving criminal activity described below;
f.

g.
Communications, data, or attachments relating to recruiting and
inspiring individuals to engage in the criminal activity described below;
h.
Communications, data, or attachments relating to the whereabouts of
John Earnest and any criminal associates or co-conspirators at the of the April 27,
2019, shooting at the synagogue on Chabad Way in Poway, and the March 24, 2019,
arson of the mosque in Escondido, California;
Communications, data, or attachments that tend to provide context to
the information described above, such as direct messages sent or received in
temporal proximity to any relevant communications, or communications, data, or
attachments tending to identify the user of or person with control over the
L

SUBJECT ACCOUNTS.

lll

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.9 Page 5 of 23

during the time period from January 1, 2017, through April 27, 2019, which tend to
prove violations of federal law, namely, intentional obstruction, by force or threat of
force, of persons in the free exercise of religious belief, resulting in death, in
violation of 18 U.S.C. § 247(a)(2), willfully causing bodily injury to persons through
the use of a firearm because of the actual or perceived religion of said persons,
resulting in death, in violation of 18 U.S.C. § 249(a)(l ), and damage to religious
property, in violation of 18 U.S.C. § 247(a)(l ).

lV

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.10 Page 6 of 23

AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH WARRANT

I, Maria Solomon, being duly sworn, state:
I.

INTRODUCTION

1.

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

warrant pursuant to 18 U.S.C. 2703(a), 2703(b)( l)(A), and 2703(c)( l )(A), for
information associated with the following Facebook accounts:
Facebook ID Account Number 100027636555708, with Facebook User Name
"John Earnest'", and
Facebook ID Account Number 100005829157939, with Facebook Username:
"John Tocatina,"
(hereinafter the

"SUBJECT ACCOUNTS"),

used by John Earnest, and stored at

the premises owned, maintained, controlled, or operated by Facebook, 1601 Willow
Road, Menlo Park, California 94025, more fully described in Attachment A.
2.

As more fully described herein, there is probable cause to believe that

within the SUBJECT ACCOUNTS, more fully described in Attachment A, will be
found evidence of violations of federal law, namely, intentional obstruction, by force
or threat of force of persons in the free exercise of religious belief, resulting in death,
in violation of 18 U.S.C. § 247(a)(2), willfully causing bodily injury to persons
through the use of a firearm because of the actual or perceived religion of said
persons, resulting in death, in violation of 18 U.S.C. § 249(a)(l ), and damage to
religious property, in violation of 18 U.S.C. § 247(a)(l ), as more fully described in
Attachment B.
II.

EXPERIENCE AND TRAINING

3.

I am Special Agent with the Federal Bureau of Investigation ("FBI")

and have been so employed as such for eight years.

I am currently assigned to the

San Diego FBI Joint Terrorism Task Force ("JTTF") and have been assigned to this
position since 2015. Prior to being assigned to the JTTF, I investigated National

1

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.11 Page 7 of 23

Security matters including espionage and proliferation. I have received extensive
training in evidence collection to include post blast investigations and served on the
FBl's Evidence Response Team for six years. As part of my duties as a Special
Agent, I am have been responsible for investigation violations of federal law,
including violations of material support to terrorism, espionage, weapons
proliferation and weapons of mass destruction.
4.

My knowledge of the facts alleged in this affidavit arises from my

training and experience, my personal observations, my participation in the federal
investigation described herein, my conversations with other law enforcement agents,
and my review of documents obtained during this investigation.

Because this

affidavit is submitted for the limited purpose of securing a search warrant as
described herein, it does not include every fact known to me concerning this
investigation.
III.

FACEBOOK
5.

Facebook owns and operates a free-access social networking website

of the same name that can be accessed at http://www.facebook.com. Facebook
allows its users to establish accounts with Facebook, and users can then use their
accounts to share written news, photographs, videos, and other information with
other Facebook users, and sometimes with the general public.
6.

Facebook asks users to provide basic contact and personal identifying

information to Facebook, either during the registration process or thereafter. This
information may include the user's full name, birth date, gender, contact e-mail
addresses, Facebook, passwords, Facebook security questions and answers (for
passwords retrieval), physical address (including city, state, and zip code), telephone
numbers, screen names, websites, and other personal identifiers. Facebook also
assigns a user identification number to each account.

2

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.12 Page 8 of 23

7.

Facebook users may join one or more groups or networks to connect

and interact with other users who are members of the same group or network.
Facebook assigns a group identification number to each group. A Facebook user can
also connect directly with individual Facebook users by sending each user a "Friend
request." If the recipient of a "Friend request" accepts the requests, then the two
users will become "Friends" for the purposes of Facebook and can exchange
communications or view information about each other. Each Facebook user's
account includes a list of that user's "Friends" and a "News Feed, "which highlights
information about the user's "Friends," such as status updates, profile changes,
upcoming events, and birthdays.
8.

Facebook users can select different levels of privacy for the

communications and information associate with their Facebook accounts.

By

adjusting these privacy settings, a Facebook user can make information available
only to himself or herself, to particular Facebook users. A Facebook user can also
create "lists" of Facebook friends to facilitate the application of these privacy
settings. Facebook accounts also include other account settings that user can adjust
to control, for example, the types of notifications they receive from Facebook.
9.

Facebook users can create profiles that include photographs, lists of

personal interests, and other information. Facebook users can also post "status"
updates about their whereabouts and actions, as well as links to videos, photographs,
'

articles, and other items available elsewhere on the Internet. A particular user's
profile page also includes a "Wall," which is a space where the user and his or her
"Friends" can post messages, attachments, and links that will typically be visible to
anyone who can view the user's profile.
10.

Facebook has a Photos application, where users can upload an

unlimited number of albums and photos. Another feature of the Photos application
is the ability to "tag" (i.e., label) other Facebook users in a photo or video. For
3

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.13 Page 9 of 23

Facebook's purposes, the photos associated with a user's account will include all
photos upload by that user that have not been deleted, as well as all photos uploaded
by any user that have that user tagged in them.
11.

Facebook users can exchange private messages on Facebook with other

users. These messages, which are similar to e-mail message, are sent to the
recipient's "Inbox" on Facebook, which also stores copies of messages sent by the
recipient, as well as other information. Facebook users can also post comments on
the Facebook profiles of other users or on their own profiles; such comments are
typically associated with a specific posting or item on the profile. In addition,
Facebook has a Chat feature that allows users to send and receive instant messages
through Facebook. These chat communications are stored in the chat history for the
account. Facebook also has a Video Calling feature, and although Facebook does
not record the calls themselves, it does keep records of the date of each call.
IV.

PROBABLE CAUSE
12.

During the course of my current duties, I have learned the following

from consulting with other state, local and . federal law enforcement officers,
including San Diego Sheriffs Department (SDSD) Detectives, San Diego County
District Attorney Investigators, and my fellow FBI agents.
13.

On April

27, 2019

at approximately

Communication Center received a

911

11 :23

am. San Diego Sheriffs

call of shots fired at the Synagogue located

on Chabad Way in Poway. The reporting party, Dan Sedereff, stated shots were
fired in the synagogue.
14.

During a briefing by the SDSD following the incident, it was reported

that a white male, later identified as John Earnest, entered the synagogue through
the front door and fired several rounds from an ARI 5 rifle. He then proceeded
further into the synagogue where he began firing rounds from a handgun.

4

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.14 Page 10 of 23

I5.

The SDSD stated that inside the synagogue was off-duty Border Patrol

Agent Jonathan Morales who retrieved a revolver weapon from one of the
congregation members and chased the suspect out of synagogue firing four shots at
him as he got into a silver Honda that was parked across the street from the church.
The Honda fled northbound on Rancho Bernardo Road. Morales then returned the
gun to the congregation members who placed it in a black prayer bag and left it in
the synagogue.
I6.

It was determined by officers that four people were shot and transported

to the hospital.
I7.

SDSD Deputies responded to the synagogue along with paramedics.

The synagogue was secured by deputies pending obtaining a search warrant from
state authorities, which was planned to be executed later that day.
I8.

The same day (April 27, 20I9), at approximately 11:30 a.m., a male

who identified himself as John Earnest called into California Highway Patrol
emergency line stating that he had fired shots into the synagogue and was willing to
surrender to law enforcement. Earnest called from phone number 858.999.I461.
Earnest gave his location as Phil's BBQ at 1705I West Bernardo Center Dr. He
stated he was in possession of an ARIS Smith & Wesson MPI5 rifle and several
rounds of ammunition in his vehicle but that he would not use them against law
enforcement. During that call, Earnest made the following comments, among others:
"I just shot up a synagogue. I'm defending my country . . . I'm just trying to defend
my nation against the Jewish people; they're destroying our people . . . I opened fire
at a synagogue; I think I killed some people." I am informed and believed that Smith
& Wesson does not manufacture firearms in the State of California.

I9.

San Diego Police Department ("SDPD") Officers responded to that

location and took John Earnest into custody without further incident. Seen on the
front passenger seat was an ARI5 rifle but no handgun was visible. Additionally, in
5

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.15 Page 11 of 23

the vehicle was a helmet with a Go-Pro camera on it. SDPD Officers were holding
the vehicle secure at the location pending obtaining and executing a state search
warrant.
20.

While on scene at the vehicle, it was learned that one of the victims,

Laurie Kay, died as a result of gunshot wounds.
21.

During a public safety interview with SDPD Detective Rudy Castro,

John Earnest confirmed his home address as

10134 Freeport

Ct., San Diego CA. He

further stated that there were no further weapons at the home. At that time, Earnest
did not appear to be under the influence of a controlled substance but did appear to
have a "flat affect" as though he was detached or unaffected by his actions.
22.

SDPD SWAT officers and Detectives responded to the residence on

Freeport Ct. The parents of the suspect were contacted and escorted from the home
and taken to the Sheriff's Poway substation, pending the execution of a state search
warrant on their residence.

While at the substation, the parents informed law

enforcement that their son frequently uses a computer in their home.
23.

Using various search methods, Whitney Buckingham an SDSD system

data miner, found a manifesto on Pastebin.com written by a person identifying
himself as John Earnest. In the manifesto, which he named "An Open Letter",
Earnest made many anti-sematic and anti-muslim statements. One such statement
which is a direct quote is, "As an individual, I can only kill so many Jews." He states
he is not a terrorist but that he hates anyone who he sees as a threat to his country.
Earnest took credit for a fire that had been set at mosque in Escondido a few weeks
earlier. His exact statement was "I scorched a mosque in Escondido with gasoline a
week after Brenton Tarrant's sacrifice and they never found shit on me."
Additionally, he wrote "I spray-painted on the parking lot. I wrote 'For Brenton
Tarrant -t./pol/."

6

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.16 Page 12 of 23

24.

I observed part of the post-Miranda statement of Earnest. During that

interview, he informed an SDSD Detective that he had adopted his ideology of hate
for members of the Jewish religion approximately

18

month earlier. Based on my

training and experience, I know that there is a process in which someone undergoes
adoption of radical ideologies. This process can take several months or several years
before a person actually commits to those ideologies. During the interview, Earnest
also stated that he was inspired by individuals such as Adolph Hitler and Brenton
Tarrant.
25.

Based on information received from Bureau of Alcohol, Tobacco,

Firearms and Explosives ("ATF") Special Agent Scott Brahin, on March

24, 2019,

an unknown individual set fire to a mosque in Escondido, California.
26.

Specifically, on March 24, 2019, at approximately 3:19 a.m., a 911 call

was placed to report a fire at the Dar-ul-Arqam Mosque and Islamic Center
("mosque"), located at

318

West 6th Avenue in Escondido, California. The

Escondido Fire Department and then Escondido Police Department ("EPD")
responded. First responders learned approximately seven individuals had been
spending the night at the mosque and, at approximately 3: 15 a.m., they had observed
flames and rushed outside to extinguish them with a fire extinguisher. First
responders noticed ash or charring along approximately half the length of the
mosque's west side and spray-painted writing on the asphalt parkinglot near where
the fire had occurred that read, "FOR BRENTON TARRAN r/pol/." First responders
also noticed the odor of, or similar to, gasoline at the location of the fire.
27.

Investigators conducted an online search for "Brenton Tarran" and

noted that he was arrested for the mass shootings at two mosques in New Zealand
that occurred on March

15, 2019

and is believed to be a white supremacist.

Investigators also learned "r/pol/" is a reference to an online political discussion

7

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.17 Page 13 of 23

board that has been characterized as predominately racist, espousmg views
embraced by white supremacist groups.
28.

Investigators reviewed surveillance footage retrieved from a business

across the street from the mosque. The camera recorded an individual ("suspect")
park his/her four-door sedan in front of the mosque at approximately

3 :00

a.m. In

the video, the suspect exited the vehicle, walked towards the parking lot where the
message was later found spray painted, and then returned to the vehicle. Shortly
thereafter, the suspect again exited the car carrying a large container and walked
toward the area of the mosque where the fire was set. A short time later, at
approximately 3: 15 a.m., a large flash of light and smoke are seen in the video and
the suspect walked back to the vehicle and drove away westbound on West 6th
Avenue.

In surveillance videos obtained from businesses along the route,

investigators observed that the suspect appeared to arrive at the mosque on March
24, 2019 by driving eastbound on West 9th Avenue, northbound on South Escondido

Boulevard, and then westbound on West 6th Avenue, where he parked in front of
the mosque. Investigators also observed, as noted above, that the suspect left the area
by driving westbound on West 6th Avenue. Based on their review of surveillance
videos, investigators believed that the suspect was driving a
Honda, silver in color.
29.

2010

to

2015

Civic

�

Earnest's statements in the manifesto that he set fire to the Escondido

mosque on March

24, 2019,

is corroborated by the following. At the time of his

arrest for the synagogue shooting, Earnest was driving a 2012 Honda Civic, grey in
color. Additionally, the spray painted message left by the mosque arsonist was not
released to the media. The fact that the manifesto specifically makes reference to
that message further corroborates that Earnest committed the mosque arson.
30.

On April

27, 2019,

Greg Simon of the SDPD located and viewed an

open source online post regarding the shooting at the synagogue.
8

The. post

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.18 Page 14 of 23

purportedly

contains

a

livestream

link

referencing

the

shooting

at

https://www.facebook.com/john.eamest.96780 (i.e., Facebook Account Number
100035547390347, with user name "john.eamest.96780."
31.

On April 27, 2019, following the synagogue shooting, FBI Special

Agent Scott Norris submitted a request to Facebook for emergency disclosure of
records for the ']ohn.eamest.96780" Facebook account, pursuant to 18 U.S.C.
§ 2702. In response to that request, the Facebook provided records which listed the
user's phone as 858.999.1461 (the same number Ernest used to call the CHP on April
27, 2019). Facebook verified the number on April 7, 2019. Facebook identified two
additional Facebook accounts possibly utilized by the user of the john.eamest.96780
Facebook account, which were accessed via the same browser and the same
electronic device. Those accounts are the SUBJECT ACCOUNTS. Tue-H\llpo1a.se

�-4Ui-(th-e-same--nunrber
��
2(H-9j-. -

also.iudicate.d.-that-the-user-ef-13hefle--R1tm:her-ef

Em�wt!-te--GalJ-th�R-Af>ril 27,

Opinions and Conclusions

32.

I know from my training and experience, including consultation with

other law enforcement agents, in investigations involving Facebook that electronic
service providers maintain business records that include information listed under the
Items Subject to Seizure in Attachment B.
33.

Based on my training and experience, including consultation with other

agents involved in the investigation and prosecution of hate crimes, I know the
following:
a.

It is common for individuals who commit hate crimes to discuss

such matters, with co-conspirators via telephone, text messages, emails and social
media - both before and after such crimes - for the purpose of planning and
providing updates to one another.

9

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.19 Page 15 of 23

b.

It is also common that individuals who commit hate crimes to

discuss their criminal activities with trusted third parties, including friends or loved
ones, before and after the commission of such crimes, via text messages, emails and
social media.
c.

It is also common for such individuals who commit hate crimes

to communicate with other like-minded individuals who support their ideologies,
beliefs and violent actions, via text messages, emails and social media;
d.

It is common for individuals who commit hate crimes to visit or

research the planned site of the crimes, prior to committing said crimes, for the
purposes of planning the successful execution of their criminal activity and their
getaway, and evidence of such research or prior connection may be in their social
media sites, including private messaging with third parties;
e.

It is common for individuals who commit hate crimes to post

statements or send messages to others regarding their bias and motivation for
committing such crimes, which evidence may be found in their social media sites,
including private messaging with third parties;
f.

It is common for individuals who commit hate crimes to conduct

research regarding hate crimes committed by themselves and others, and evidence
of such research may be found in their social media sites, including private
messaging with third parties;
g.

It is common for individuals who commit hate crimes to recruit

others individuals to adopt their ideological beliefs and inspire others to commit
violent acts in support of those beliefs, and evidence of such recruitment may be
found in their social media sites, including private messaging with third parties.
h.

It is common for individuals who commit hate crimes to conduct

research regarding the tools and means to carry out their hate crimes, including

10

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.20 Page 16 of 23

research involving obtaining, manufacturing and/or usmg firearms, dangerous
weapons, and incendiary and explosive devices.
34.

Based on my training and experience, and my consultation with my

fellow agents, I also believe that the evidence I seek remains in and will be found in
the

SUBJECT ACCOUNTS

despite the passage of time.

Routinely, during

previous cases involving the search of electronically stored data, relevant
investigative information is found dating back several months or even years.
V.

SEARCH PROTOCOL
A.

35.

Genuine Risk of Destruction of Evidence

Based upon my experience and training, and the experience and training

of other agents with whom I have consulted with, electronically stored data can be
permanently deleted or niodified by users possessing basic computer skills. In this
case, only if the subject receives advance warning of the execution of this warrant,
will there be a genuine risk of destruction of evidence.
B.

Prior Attempt to Obtain Evidence

36.

State authorities have obtained a state search warrant for the Facebook

Account, User Name "john.eamest.96780." As indicated above, federal agents also
obtained emergency disclosure of limited records for the "john.eamest.96780"
Facebook Account which information disclosed the additional
ACCOUNTS.

the

SUBJECT

The United States is unware of any search warrant applications for

SUBJECT ACCOUNTS.
C.

Procedures for Electronically Stored Information

37.

Federal agents and investigative support personnel are trained and

experienced in identifying communications relevant to the crimes under
investigation. The personnel of Facebook are not. It would be inappropriate and
impractical for federal agents to search the vast computer network of Facebook for

11

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.21 Page 17 of 23

the relevant accounts and then to analyze the contents of those accounts on the
premises of Facebook. The impact on Facebook's business would be severe.
38.

Therefore, I request authority to seize all content, including electronic

mail and attachments, stored instant messages, stored voice messages, photographs
and any other content from the

SUBJECT ACCOUNTS,

as described in

Attachment B. In order to accomplish the objective of the search warrant with a
minimum of interference with the business activities of Facebook, to protect the
rights of the subject of the investigation and to effectively pursue this investigation,
authority is sought to allow Facebook to make a digital copy of the entire contents
of the accounts subject to seizure. That copy will be provided to me or to any
authorized federal agent. The copy will be forensically imaged and the image will
then be analyzed to identify communications and other data subject to seizure
pursuant to Attachment B. Relevant data will be copied to separate media. The
original media will be sealed and maintained to establish authenticity, if necessary.
39.

Analyzing the data to be provided by Facebook may require special

technical skills, equipment and software. It also can be very time-consuming.
Searching by keywords, for example, often yields many thousands of "hits," each of
which must be reviewed in its context by the examiner to determine whether the data
in within the scope of the warrant. Merely finding a relevant "hit" does not end the
review process. Certain file formats do not lend themselves to keyword searches and
keyword search text. Many common electronic mail, database and spreadsheet
applications, which files may have been attached to electronic mail, do not store data
as searchable text. The data is saved in a proprietary non-text format. The volume of
storage allotted by service providers increases, the time it takes to properly analyze
recovered data increases dramatically.
40.

Based on the foregoing, searching the recovered data for the

information subject to seizure pursuant to this warrant may require a range of data
12

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.22 Page 18 of 23

analysis techniques and may take weeks or even months. Keywords need to be
modified continuously based upon the results obtained. The personnel conducting
the examination will complete the analysis within (90) days of receipt of the data
from the service provider, absent further application to this court.
41.

Based upon my experience and training, and the experience and training

of other agents with whom I have communicated, it is necessary to review and seize
all electronic mails that identify any users of the SUBJECT ACCOUNTS and any
electronic mails sent or received in temporal proximity to incriminating electronic
mails that provide context to the incrimination mails.
42.

All forensic analysis of the imaged data will employ search protocols

directed exclusively to the identification and extraction of data within the scope of
this warrant.
43.

FBI Special Agents have been in contact with Facebook, who is

expecting FBI to serve them with the warrant as soon as it is signed. For that reason,
we are requesting permission to serve the warrant on Facebook at any time, day or
night.
VI.

REQUEST FOR SEALING AND PRECLUSION OF NOTICE

44.

Although John Earnest has been arrested by state authorities, he is

unaware of the scope and nature of law enforcement's investigation into his
activities. Additionally, law enforcement is still investigating whether he acted
alone, or conspired with others or was inspired by others. As such, there is reason
to believe that that disclosure of the affidavit and warrant will result in destruction
of or tampering with evidence or otherwise seriously jeopardize the investigation.
Accordingly, it is requested that this warrant and its related materials be sealed until
further order of the Court. In addition, pursuant to Title 18, United States Code,
Section 2705(b ), it is requested that this Court order Facebook to whom this warrant
is directed not to notify anyone of the existence of this warrant, other than its
13

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.23 Page 19 of 23

personnel essential to compliance with the execution of this warrant until October
25, 2019, absent order from the Court.
VII.

CONCLUSION

45.

Based on the foregoing, your affiant submits that there is probable

cause to believe that violations of federal criminal law, namely, violations of federal
law, namely, intentional obstruction, by force or threat of force of persons in the free
exercise of religious belief, resulting in death, in violation of 18 U.S.C. § 247(a)(2),
willfully causing bodily injury to persons through the use of a firearm because of the
actual or perceived religion of said persons, resulting in death, in violation of 18
U.S.C. § 249(a)(l), and damage to religious property, in violation of 18 U.S.C. §
247(a)(l), have occurred, and that evidence of said violations, as described in
Attachment B will be found within the SUBJECT ACCOUNTS.
I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.

Yl11t(11,£ g��w--.
Maria Solomori
FBI, Special Agent

Sworn to before me this
___1d
1f ay of April _� 2019

14

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.24 Page 20 of 23

ATTACHMENT A

This warrant applies to information associated with following Facebook
accounts:
Facebook ID Account Number 100027636555708, with Facebook User Name
"John Earnest"; and
Facebook ID Account Number 100005829157939, with Facebook
Usemame: "John Tocatina,"
that are stored at premises owned, maintained, controlled, or operated by Facebook,
1601 Willow Road, Menlo Park, California 94025

1

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.25 Page 21 of 23

ATTACHMENT B
I.

Service of Warrant

The officer executing the warrant shall permit Facebook, as custodian of the
computer files described in Section II below, to locate the files and copy them onto
removable electronic storage media and deliver the same to the officer.
II.

Items Subject to Seizure

All registration information; Phone and associated devices; Trusted devices; Deleted
friends; Last location; IP history; Stored video and audio direct message
communications; Any and all accounts associated by cookie; User Names and
profile names; E-mail addresses and passwords; Any and all live stream video
associated �ith account; Profile information; Friends information; Private messages
in the user's inbox, sent messages, trash/deleted messages, notifications and updates
involving any and all user; Chat information in the user's inbox, sent messages,
trash/deleted messages, notifications and updates involving any and all user; IP logs
(which includes the date stamps of the IP logs at login), initial login IP address and
account activity and other information including name, address, phone number and
other screen names that may tend to identify the user; and any other files associated
with the following accounts:
Facebook ID Account Number 100027636555708, with Facebook User Name
"John Earnest'" and
'

Facebook ID Account Number 100005829157939, with Facebook
Usemame: "John Tocatina,"
(hereinafter, the "SUBJECT ACCOUNTS"). The search of the data supplied by
Facebook, Inc., pursuant to this warrant will be conducted as provided in the
. "Procedures for Electronically Stored Information" of the affidavit submitted in
support of this search warrant and will be limited to:
a.
Communications, data, or attachments relating to the research,
purchase, or acquisition of firearms, and the research or manufacture of incendiary
or explosive devices;

11

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.26 Page 22 of 23

Communications, data, or attachments tending to identify others
b.
involved in the criminal activity described below;
c.
Communications, data, or attachments third parties with whom John
Ernest discussed the criminal activities described below;
d.
Communications, data, or attachments relating to John Earnests'
motivation and bias for committing the criminal activities described below;
e.
Communications, data, or attachments relating to the research of, visits
to, or other connections with the Synagogue located on Chabad Way in Poway,
California, and/or the Dar-ul-Arqam Mosque and Islamic Center (the "mosque"),
located at 318 West 6th Avenue in Escondido, California;
Communications, data, or attachments relating to the research or
viewing of news articles and reports about the arson that occurred at the mosque in
Escondido, California on March 24, 2019, or criminal acts committed by other
individuals involving criminal activity described below;
f.

g.
Communications, data, or attachments relating to recruiting and
inspiring individuals to engage in the criminal activity described below;
h.
Communications, data, or attachments relating to the whereabouts of
John Earnest and any criminal associates or co-conspirators at the of the April 27,
2019, shooting at the synagogue on Chabad Way in Poway, and the March 24, 2019,
arson of the mosque in Escondido, California;
Communications, data, or attachments that tend to provide context to
the information described above, such as direct messages sent or received in
temporal proximity to any relevant communications, or communications, data, or
attachments tending to identify the user of or person with control over the
L

SUBJECT ACCOUNTS.

111

 Case 3:19-mj-01756-JLB Document 1 Filed 04/29/19 PageID.27 Page 23 of 23

during the time period from January 1, 2017, through April 27, 2019, which tend to
prove violations of federal law, namely, intentional obstruction, by force or threat of
force, of persons in the free exercise of religious belief, resulting in death, in
violation of 18 U.S.C. § 247(a)(2), willfully causing bodily injury to persons through
the use of a firearm because of the actual or perceived religion of said persons,
resulting in death, in violation of 18 U.S.C. § 249(a)(l), and damage to religious
property, in violation of 18 U.S.C. § 247(a)(l).

lV