THE SUPERIOR COURT OF THE STATE OF CALIFORNIAV i COUNTY OF SAN DIEGO SEARCH WARRANT Nd. log-IO :ePeop! ofthe Statewi' California, to any peace officer in the County of San Diego: Proof, by afiidavit, having been this day made before my by Troy DuGal. a peace officer employed by the San Diego Sheri ff's Department, that there is substantial probable cause pursuant to Penal Code section 1524 for the issuance of the Search warrant, as set forth in the affidavit attached hereto and made a part hereof as is fully set forth herein, you are, therefore, commanded to make search at any time of the day, good cause being shown therefore; LOCATION. PROPERTY, PERSON TO BE SEARCHED A. The prenuses and all parts therein, including all rooms, safes, storage areas, containers, surmunding grounds, mash areas, gamges and outbuildings assigned to or part of the residence located at 3473 Avocldo Vista Lane in the City of Fallbronk in the County of San Diego; The resrdenee is flirther described as a two story single detached family residence; the exterior of the residence is primarily tan stucco with a red wood trim. The residence is red tile. The numbers "3473" are affixed to the wall in between the garage door and the front door. The numbers "3473" are also painted on the curb near the driveway or the residence. is, And, for a green 1999 Dodge Ram truck -, registered to Joseph B, Mestay (actual legal spelling ofowner's name is Es McStay), documents including the passenger compartment, trunk. engine compartment, living areas and all parts and containers therein, c. And, a white 1995 Isuzu Trooper - registered to Joseph McStay, which was seized as evidence horn the Western Towing low yard in Chula Vista and is currently at the Sheriff's Crime Lab including the passenger compartment, trunk, engine compartment. living areas and all pans and containers therein; For the following property, to wit: 1. 2. ITEMS TO BE SEIZED Weapons capable of causing blunt trauma or stabbing injuries; Firearms, including ammunition, holsters, targets, casings, cleaning equipment and reloading equipment and supplies; Crime scene measurements and photographs; Clothing or other objects bearing blood or blood stains; Human hairs, tissues, secretions and parts thereof; Personal journals and diaries, telephone records; To seize View and forensically examine all computer hardware and software, and any other device capable of storing text or images in an electronic or digital format, including cellular phones, Blackberries, personal data assistants (PDAs), and the like; Checkbooks and bank records, travel itineraries, travel brochures, tickets and/or departure schedules for airplanes, trains, buses, or ships; And papers, documents and effects tending to show dominion and control over said premises, including keys, lease, rental, or mortgage agreements, utility bills, canceled mail, prescription bottles, ?ngerprints, clothing, photographs, photographic negatives, image disks, memory sticks, undeveloped ?lm, homemade videotapes, handwritings, documents and effects bearing a form of identi?cation such as a person's name, photograph, Social Security number or driver's license number; and to answer incoming phone calls, either landline or cellular, during execution of the warrant, and to view any video tapes seized pursuant to the warrant. -2- "l you ?nd the same, or any part thereof, to bring it forthwith before me at the Superior Court Of the State of California for the County of San Diego, or to any other court in which the offense in respect to which the property or things is triable, or retain such property in your custody, subject to the order of this Court, pursuant to section 1536 of the Penal Code. Given under my hand and dated this m1? a? (W17 1.. Jli'c'lg?l' of theguperior Court imm swan WGEK SUPERIOR COURT OF CALIFORNIA What? 5 i730 COUNTY or SAN DIEGO COUNTY OF SAN DIEGO }ss g?g WARRANT N0. i STATE OF RECEIPT AND INVENTORY CASE NO. i Receipt is hereby acknowledged, and the undersigned makes this inventory. of the fogging) property and things seized by this 'dayin theisgarch of the premises described in said warrant and taken pursuant thereto, to wit: 771/ Myer/Pc?' Vac: 0W 50mm Sun; 0F ?lm/3e? #2 Mumch Dcmavvs mm weir?? goon/L it? WUm?bRIl/e Ml F/m ode-3'7 m/ mum/c; Ron-m ?aw/ram? Kim/amaer K/Tef?cr?h/ #2??th Baa Fmvm/ Wj?m}( (?er 2740 mey Lemf?? "rim/rm" Die/twee ,vJ [arc/W {i=3 DELL Me's/3W m~r07grss?98?0328 53/52:; 9 (bum Tim/a 5W 531/2?? 740 Brad z/P 5522 m/ Aam/ 4/1/ A/Megm as}? Aggy/M .148 ml ?91) 3115/ 1 @222ng 62526. Pme?? err/3 Mel/baa} m/ cad PMS Smsr'M/? T?W'Bric?? NU ?rt/f Wan} M4424 Hw?a WIM j/U barn) crux (Em/Mes; at?) arc/4 5w cit-(7Wer DrG/?st WI) Ow ME: 04(? DEPTJAGENCY: ?b?a ?ht-mtz ID No: 9405' l. GQVL- . the of?cer by whom this warrant was executed. do swear that the above inventory contains a true and detailed account of all property taken by me on the warrant. Subscribed and sworn to before me f, this 2 3 day of 4.19 10[ 0 r, MM Of?cer Executir?search Warrant i1. was.? Magistrate/Judge sosc camnINew 9-02} RECEIPT AND INVENTORY - SEARCH WARRANT 229 We.? SUPERIOR COURT OF CALIFORNIA COUNTY or SAN DIEGO COUNTY OF SAN DIEGO WARRANT NO. is .- ?own RECEIPT CASE NO. /00/8/ 39 . . (name) Receipt is hereby-acknowledged, and the undersigned makes this inventory. of the following property and things seized 'byxhimlh?QF-gfhifs day ih'the search of the premises described in said warrant and taken pursuant thereto. to wit: - R5 new? Mani/e" [loam/2W9: 624M a/F/ j?w?m/FZ Mar/l Myer/Fa: ?rm We? 4499 mm: 7720'; Daeummrg ?ew ?aw/r66?" #23 mm-we 5 752m ?ame? me? (six/WM) ?fe? cam My mm Wining) 3 MM @724 Dow 7W6: #25 Yam) lift?"771?: mm WM Dawgwa ?ag) Duet/Mm MW 190565 ?ew/6 #9 7 Wear Ban/ave (mag 6/2: can PM?C?ji/a W7 "ea/299 24 [rec 5m? Mm Dav 14/692131 sea/2W geese/r Mar-527672.. Bade-ya (b.4255 it A186 Far. WM 2226/04 264952?57 . #30 W4 (91a 192de Dim/:1 0cm?7> WW4 CEZL PW H2024 Mama ream/2w #93 #6715 Burck W293 rP/er?s?z: 5' Bea/244m a; F/aw (Laws DATE: Tl failnl?ago SIGNEDno: 93/93 i. Du . the of?cer by whom this warrant was executed. do swear that the above inventory contains a true and detailed account of all property taken by me on the warrant. Subscribed and sworn to before me 2 this 7- 3 day of 20? /f fagExzcuting? Search Warrant Magistrate/Judge sosc RECEIPT AND INVENTORY - SEARCH WARRANT 020? V?oot/k?fl SUPERIOR COURT OF CALIFORNIA STATE OF CALIFORNIA COUNTY OF SAN DIEGO RECEIPT AND INVENTORY COUNTY OF SAN DIEGO WARRANT NO. are? no: - wig/3 (name) Receipt is hereby acknowledged, and the undersigned makes this inventory, of the following property and things seized by him/her this day in the search of the premises described in said warrant and takienp'ursuant thereto. to wit: Mic-7791c. CUP 60?55 29352: "(mu/U WW Betwe? #513_ 75% awe-w Vrbe?o (7mm (3m? 2/ (292% P9090673 1? 0?300?3?29 M4 #44 Bus/Mess W5 #47 ?oss (MI/aw 9/1 ., - DATE: .3 Tl 5.0 200 ?.1320 SIGNED: DEPTJAGENCY: SC) [16747 ?11,338 ID NO.: 2755/ . the of?cer by whom this warrant was executed. do sw?ear that the above inventory contains a true and detailed account of all property taken by me on the warrant. Subscribed and sworn to before me this day of 7?0 L0 Wm Eiecut?ig Se 7 Wa?rrant ma Mab?strate/Judge SDSC 9-02l RECEIPT AND INVENTORY - SEARCH WARRANT THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, have cause to search: LOCATION, PROPERTY, OR TO BE SEARCHED A. The premises and all parts therein, including all rooms, safes, storage areas, containers, surrounding grounds, trash areas, garages and outbuildings assigned to or part of the San Diego; The residence is ?irther described as a two story single detached family driveway of the residence. seized as evidence from the Western Towing tow yard in Chula Vista and is currently at the Sheriff?s Crime Lab including the passenger compartment, trunk, engine compartment, living areas and all parts and containers therein; ITEMS TO BE SEIZED For the following property, to wit: 1. Weapons capable of causing blunt trauma or stabbing injuries; COUNTY OF SAN DIEGO STATE OF AFFIDAVIT FOR SEARCH WARRANT (ss. COUNTY OF SAN DIEGO) No. lo I, Detective Troy DuGal, do on oath make complaint, say and depose the following on this 19th day of February, 2010: that I have substantial probable cause to believe and I do believe that I residence located at 3473 Avocado Vista Lane in the City of Fallbrook in the County of residence; the exterior of the residence is primarily tan stucco with a red wood trim. The roof of the residence is red tile. The numbers ?3473? are af?xed to the wall in between the garage door and the front door. The numbers ?3473? are also painted on the curb near the . And, for a green 1999 Dodge Ram truck (5X14440), registered to Joseph B. Mestay (actual legal spelling of owner?s name is Joseph B. McStay), documents including the passenger compartment, trunk, engine compartment, living areas and all parts and containers therein; And, a white 1996 Isuzu Trooper (3TAEO45), registered to Joseph B. McStay, which was Firearms, including ammunition, holsters, targets, casings, cleaning equipment and reloading equipment and supplies; 3. Crime scene measurements and photographs; 4. Clothing or other objects bearing blood or blood stains; 5. Human hairs, tissues, secretions and parts thereof; 6. Personal journals and diaries, telephone records; 7. To seize view and forensically examine all computer hardware and software, and any other device capable of storing text or images 1n an electronic or digital format, including cellular phones, Blackberries, personal data assistants (PDAS), and the like; 8. Checkbooks and bank records, travel itineraries, travel brochures, tickets and/or departure schedules for airplanes, trains, buses, or ships; 9. And papers, documents and effects tending to Show dominion and control over said premises, including keys, lease, rental, or mortgage agreements, utility bills, canceled mail, prescription bottles, ?ngerprints, clothing, photographs, photographic negatives, image disks, memory sticks, undeveloped ?lm, homemade videotapes, handwritings, documents and effects bearing a form of identi?cation such as a person's name, photograph, Social Security number or driver's license number; and to answer incoming phone calls, either landline or cellular, during execution of the warrant, and to view any video tapes seized pursuant to the warrant. QUALIFICATIONS I am a peace of?cer employed by the County of San Diego Sheriff?s Department and have been so employed for approximately 14 years. During my tenure, I have been assigned to the jail, patrol, the Community Oriented Policing and Problem Solving Unit and Area Investigations. I am currently a detective assigned to the Sheriff?s Homicide Detail and have been so assigned for over 1 year. (.4 a While working in these different positions, I have conducted numerous investigations related to crimes of violence ranging from battery to murder. I have been involved in approximately 40 homicide investigations in various capacities. I have also investigated several cases of missing persons, natural deaths, suspicious deaths, suicides and of?cer involved shootings. Additionally, I have worked closely and consulted with criminalists and other specialized consultants in the ?eld of criminal investigations. I have received training available to law enforcement to keep pro?cient in my profession. This training includes, but is not limited to: the Investigation of Homicide and Deaths; Of?cer Involved Shootings; Domestic Violence; Sexual Assault; Kidnappings; Gangs and Narcotics; Interview and Interrogations courses; Arrest and Search Warrant Preparation courses; Court Room Testimony courses; and Basic Criminal Investigations courses. Ipossess an Advanced Certi?cate from the California Department of Justice on the Commission of Peace Of?cer Standards and Training. PROBABLE CAUSE During the course of my duties, I have learned the following information based upon my discussions with the named witnesses or by having read the reports of or talked with other San Diego Sheriff?s Department deputies and detectives who have spoken directly with the named witness. All references to dates refer to the current calendar year unless otherwise stated. At approximately 0939 am the morning of Monday, February 15th, 2010, SDSO communications received a call from Michael McStay. Michael McStay was calling from the Huntington Beach area of California and he wanted to report that his brother, Joseph McStay and Joseph?s family; Summer McStay (wife, 43 years old), Gianni McStay (son, 4 years old) and Joseph McStay Jr (sen, 3 years old) had not been seen or heard from since Thursday, February 4th, 2010. When we arrived we were briefed by Deputy M. Tingley who told us that he initially spoke to the reporting party, Micheal McStay on the telephone. Michael was very concerned as he had ?i -3- During the immicide briefing in which the deputies who have secured the scene inform the homicide unit of what had occurred, Deputy Tingley apologized as he told me he inadvertently forgot to check the garage area of the residence during his welfare check. He described the initial welfare check as search of the residence for persons. Based on my training and experience, I realized the search {or bodies and any sign of foul play during a welfiare check ls crucial to determining if a person has been harmed. I asked Deputy Tingley to lead a secondary welfare check into the residence to complete the welfare check of the garage and to focus on the aformentioned circumstances. This check would include looking in closets, under beds, and in locations where small cluldren could be, Afier entenn the residence, I noticed in the living room there was a small much with two small howls that were half filled with popcorn The popcorn was spilled near the bowls In the kitchen there was a canon of raw eggs and a bag of microwave popcorn on the counter In the upstairs master bedroom there was a tall lamp that was lying on the floor. In the walkrin closet of the master bedroom there were several suitcases in the open position with folded clothing insrde of the suitcases. There was a large quantity of clothing tossed on the center of the floor in the closet I did not see a ladies purse anywhere in the residence. There were no apparent signs of rain play On Tuesday. February 2010, 1 went to 1127 Walnut Avenue in Chula Vista to seize the white l996 Isuzu Trooper -mm the Western Tow yard as evidence under authority 22655503) cvc. i had the vehicle towed and stored at the San Diego Sheriff's Crime Lab. During my investigation cell phones lcnuwn to be associated with Ioseph Mcsray and Summer McStay were identified. Law enforcement officers were able to determine that no cell phone activity had occurred since February 2010 on either phone. the local media and national media have showed intense interest in this case and saveral news stories have been running on local television for the last several days Those stories have included a plea for anyone with knowledge oflhe whereabouts of the McStay {amin to come forth. As of this date there has been no response to this plea as to the whereabouts of the family and the family has not contacted law enforcement. OPINIONS AND CONCLUSIONS Based on my training and experience and the facts stated above, it is my opinion the McStay family is the victim of foul play. In my opinion a family does not just up and leave under the circumstances detailed above. Based on the initial observations of San Diego deputy sheriffs and my observations of the scene during a more thorough welfare check, it is my opinion that the family members left the house very quickly. Due to the investigation disclosing that the family members have not heard from them for some time, business associates have not heard from them for some time, the family car was abandoned near the international border, the family pets were abandoned without providing for their care and cell phones owned by Mr. and Mrs. are not currently working I believe that some or all of the McStay family has been kidnapped or killed. This belief has been bolstered by the intense media attention that this case has received including several days of pleas to the public through local and national television without the family or anyone coming forward who are aware of their whereabouts. At this time the investigation has not revealed if Joseph McStay or Summer McStay are a potential suspect in this case. Because the locations to be searched are the residence and vehicles of Joseph McStay a search warrant is sought to preserve the admissibility of any evidence gathered during the service of the warrants and any other evidence that ?ows from the information gathered during the searches. If the family was killed in the residence or taken from the residence or transported in the abandoned vehicle there may be trace evidence that has been left behind such as human hairs, tissues, secretions as well as other forensic evidence that is often located at the scene and can be used to identify possible perpetrators, victims and potential witnesses. Also in my experience the crime scene must be properly documented so the taking of Crime scene measurements and photographs are critical to the proper documentation of the scene. During the investigation of this case we have contacted numerous individuals as well as contacted individuals that have [x 1? Qt? 2'7 communicated on?line with Joseph and Summer McStay I have found that there are numerous intemet relationships from reviewing social networks. From my training and experience I know that individuals that use intemet social networks are usually very computer literate. As such I believe that a search of any computers associated with Joseph and Summer McStay and associated storage devices may lead me to additional witnesses and suspects as well as to provide me with additional leads to find who may be involved in the disappearance. A search of the computers will provide me with access to information that I am not currently aware of including other intemet networking sites, chatrooms, blo gs and e-mails that may shed light on the disappearance. Additionally individuals often keep computer records of their ?nancial transactions and in my experience ?nancial gain often plays a role in a crime. By searching the computers and storage devices I believe that I will be able to establish the ?nancial relationships between Joseph and Summer McStay those that may have a motive to do them harm. Based on my training and experience, I know some attackers will plan or memorialize the event for future reference by writing about it in a diary or journal. Nowadays, such records are maintained in computer ?les not only because computers have largely replaced paper records, but also due to the ability to more quickly erase (destroy) such records if the attacker believed he was being investigated or was otherwise compromised. Likewise, computers and the like may contain e-mails or other text messages between the perpetrator and the victim providing a link between them and possibly a motive. The evidence of dominion and control as described is necessary in establishing who was present at the premises and who controlled the premises. Such evidence is necessary to the identi?cation of the perpetrator, and such evidence is normally left or maintained within premises by those in control or by those visiting such premises. Handwritings and ?ngerprints are subject to positive identi?cation by experts. Also, clothing, photographs, canceled mail and the like are routinely maintained in a person?s premises as necessary and incident to maintaining such premises. Persons frequently have taped voice messages on answering machines, home videos, and pagers which also will reveal identi?cation. In addition, by answering phone calls at the -7- premises while the search warrant is being executed, I expect to talk with persons who are familiar with the persons in control of the premises and will so testify. Such callers and described dominion and control evidence is vital to proving control over the described property to be seized. A thorough search of the premises is necessary in order to establish the exact location of any assault, its extent, and the circumstances surrounding the assault. REQUEST TO SEAL Pursuant to People v. Hobbs (1994) 7 Cal.4th 948, I respectfully request this af?davit and search warrant be sealed pending further order of court. Without sealing, the af?davit and search warrant will become a matter of public record within ten days (Penal Code section 1534(a)). Sealing is justi?ed even against discovery by the defendant based on the governmental privilege allowing for the protection of the identity of informants pursuant to Evidence Code section 1041 (Swanson v. Superior Court (1989) 211 Cal.App.3d 332). The sealing requested herein, however, is not based on denying discovery to the defendants when and if they are charged, but is being requested to merely prohibit public disclosure which could surely undermine the continuing investigation herein, jeopardizing the ongoing cooperation of certain individuals who are currently cooperating with law enforcement in this case. Much of the information that is contained in this affidavit has not been made public and has not been made available to the media. Putting this information in the public domain, will jeopardize the investigation by advising the public and more speci?cally any suspects. Doing so could cause a suspect to dispose of evidence that he is otherwise keeping while under the belief that he is not under suspicion. There is no other way, but for sealing the entire af?davit and search warrant, to ensure that all identifying information remain private. Therefore, based on my training and experience and the above facts, I believe that I have substantial cause to believe the above described property, or a portion thereof, will be at the above described premises when the warrant is served. 10 11 12 1'1 Based on the aforementioned information and investigation, I believe that grounds for the issuance of a search warrant exist as set forth in Penal Code 1524. I, the af?ant, hereby pray that a search warrant be issued for the seizure of said property, or any part thereof, ?om said premise, good cause being shown therefore, and that the same be brought before this magistrate or retained subject to the order of this Court. This af?davit has been reviewed for legal suf?ciency by Deputy District Attorney Robert O. Amador. Given under my hand and dated this of 2010. ?a til/.1 :1 1/ I yzyfecti Subsc "bed and sw to before me this ay of 2 2010Judge of the-S?uperior Court . 5w?? -9- THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. COUNTY OF SAN DIEGO SEARCH WARRANT No, The People of the State of California, to any peace officer in the County of San Diego, Proof, by affidavit, having been this day made before my by Troy DuGal, a peace officer employed by the San Diego Sheriff's Department, that there is substantial probable cause pursuant to Penal Code section 1524 for the issuance of the search warrant, as set forth in the affidavit attached hereto and made a part hereof as is fully set forth herein, you are, therefore, commanded to make search at any time of the day, good cause being shown therefore; LOCATION, PROPERTY, TO BE SEARCHED A. The premises and all parts therein. including all rooms, safes, storage areas, containers, surrounding grounds, trash areas, garages and outbuildings aSSigned to or part of the residence located at 3473 Avocado Vista Lane in the City of in the County ol Sim Diego; The residence rs further described as a two story single detached family residence; the exterior of the residence is primarily tan stucco with a red Wood trim, The roof of the residence is red tile The numbers "3473" are affixed to the wail in between the garage door and the front door, The numbers "3473" are also painted on the curb near the driveway ofrhe residence. And, for a green i999 Dodge Rm truck -. registered to Joseph B, Mestay (actual legal spelling of owner's name is Joseph B. McStay). documents including the passenger compartment, trunk, engine compartment, living areas and all parts and containers therein; c. And, a white 1996 Isuzu Trooper - registered to Joseph B. McStay, which was seized as evidence from the Western Towing tow yard in Chtila Vista and is Currently at the snenir's Crime Lab including the passenger compartment, trnnie engine compartment. living areas and all parts and containers therein; 1&7 ITEMS TO BE SEIZED For the following'property, to wit: 1. 2. Weapons capable of causing blunt trauma or stabbing injuries; Firearms, including ammunition, holsters, targets, casings, cleaning equipment and reloading equipment and supplies; Crime scene measurements and photographs; Clothing or other objects bearing blood or blood stains; Human hairs, tissues, secretions and parts thereof; Personal journals and diaries, telephone records; To seize view and forensically examine all computer hardware and software, and any other device capable of storing text or images in an electronic or digital format, including cellular phones, Blackberries, personal data assistants (PDAs), and the like; Checkbooks and bank records, travel itineraries, travel brochures, tickets and/or departure schedules for airplanes, trains, buses, or ships; And papers, documents and effects tending to show dominion and control over said premises, including keys, lease, rental, or mortgage agreements, utility bills, canceled mail, prescription bottles, ?ngerprints, clothing, photographs, photographic negatives, image disks, memory sticks, undeveloped ?lm, homemade videotapes, handwritings, documents and effects bearing a form of identification such as a person's name, photograph, Social Security number or driver's license number; and to answer incoming phone calls, either landline or cellular, during execution of the warrant, and to view any video tapes seized pursuant to the warrant you ?nd the same, or any part thereof, to bring it forthwith before me at the Superior Court of the State of California for the County of San Diego, or to any other court in which the offense in respect to which the property or things is triable, or retain such property in your custody, subject to the order of this Court, pursuant to section 1536 of the Penal Code. Given under my hand and dated this 2010. Jlidg of th perior Court 1WTIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO 96? A A A new?. ?u 9: 92 6 1 No. The R??pleIOfith?i?gate of California, to any peace officer in the County of San Diego: Proof, by affidavit, having been this day made before me by Troy DuGal, a peace officer employed by the San [mego Sheriff?s Department, that there is substantial probable cause pursuant to Penal Code section 1524 and 1524.2 for the issuance of the search warrant, as set forth in the affidavit attached hereto and made a part hereof as is fully set forth. herein, you are, therefore, commanded to make search at any time of the day good cause being shown therefore; LOCATION, PROPERTY, TO BE SEARCHED A. The records in the constructive or actual possession of the business known as T-Mobile. This business is located at 4 Sylvan Way, in the City of Parsippany, The within the State of New Jersey. search is include the pmemises and all record storage areas and all parts therein. IDE For the following property, to wit: 1 . ITEMS TO BE SEIZED All stored electronic communications and other files controlled. by 'user accountis} owned..hy Mobil Wireless and all affiliates using the Connection dates and times, telephone numbers of Disconnection dates and times, if applicable, Method of account written application, telephone, Internet}, Telephone caller identification records, All text messages, greetings, voicemail recordings and All cell detail information on incoming and outgoing calls, Uthcr connection information.snn?1 as the telephone number of the or Internet Edotocol address of the source of the connection, Connection information for other cellular telephones, landline telephones and computers to which tdna user of l?ne shove?referenced accountis} connected, by any means, during the connection period, including the telephone numbers called and 3' received and the destination IP addresses, connection dates and times, disconnection dates and times, method of connection to the designated" 121D. 11. 12. telephene, and all ether infermatien related te the cennectiens frem T?Mebile Wireless and all affiliates, All ayailable cell site infermatien fer calls- placed te er received frem telephene numbers I and February 23, 231B, All cellular telephene cempany subscriber infermatien fer the phene numbers identified as subscriber name{sl, persenal infermatien, addresses, telephene numbers, werk infermatien,( billing' addresses, billing? statements, recerds ef custemer service, cepies ef custemer centracts, secial security recerds, credit infermatien and decumentatien shewing metheds ef payment, and sheuld include any additienal numbers assigned te__ the client which may" er may" net be werking in cenjunctien te that listed abeyc, between January. 1, 201D, and February 23, 201D, including a cepy ef the initial centract regardless ef date, Any ether recerds related te the abeye~referenced acceuntisj, names and user names, including cerrespendence, billing recerds, recerds ef centact by persenis} er entities abeut the abeye?referenced acceunt and any ether subscriber infermatien. you find the same, or any part thereof, to bring forthwith before me at the Superior Court of the State California for the County of San Diego, or to any other court which the offense in respect to which the property or things triable, or retain such property in your custody, subject to the order of this Court, pursuant to section 1536 of the Penal Code. Given under my hand and dated this 23rd day of February, 2010. 72.4% Judge of the Superior Court of in is SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO STA CASE NORECEIPTAND INVENTORY cit: 5 Receipt is:hereby and the undersigned makes this inventory, of the following property and things seized by him/her this day in the search of the premises described in said warrant and taken pursuant thereto. to wit: i ?up SHEIZIW Mg I I, . the of?cer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all property taken by me on the warrant. Subscribed arli?d sworn to before me . this day of MEL 2010 Of?cer Executing Search Warrant Q, Wag Magistrate/Judge sosc 9-02] RECEIPT AND INVENTORY - SEARCH WARRANT STATE DF - fellewing en IN THE SUPERIDR OF THE STATE CALIFDRHIA, CDUHTY OF SAN DIEGD AFFIHAVIT FDR SEARCH WARRANT I, Trey DuGal, de en eath make eemplaint, (ea. EDUHTY DF SAN.DIEGD Nb. say and the this Es?l day ef February, 201G: that I have 'aubatantial probable cause te believe and I cit: believe that I have te aeareh: LDEATIEH. PRUPERTY, ANDKUR PERSHNEEJ TD BE SEARCHED at The records in the eenatruetive er aetual ef the business knewn aa T?Mbbile. Thie bueineea ia leeated at 4 Sylvan Way, in the City of Pareippany, within the State bf New Jeraey. The eeareh ia te include the premises and all aterage areas and all parts therein. TO BE SEIEED Fer the fellewing preperty, te wit: 1. .hll stared eleetrenie enmmunitatiena and ether filea centralletl by user acceunt{3} ewned by Mebile Wireless and all affiliates uaing ?am~=1 telephene numbers at E. Cenneetien dates and timear 3. Diaeenneetien dates and timee, if applicable, 4- 11]. ll. Method of account written application, telephone, Internet}, Telephone caller identification recorde, All text greetinge, voicemail recordings and paeeworde, All cell detail information on incoming and outgoing calls, other connection information euch as the telephone number of the caller or Internet address of the eource of the connection, Connection information for ether cellular telephonee, landline telephonee and computere to which the ueer of the above?referenced accountte} connected, by any' meane, during the connection period, including the telephone numbere called and received and the destination IP connection datee and timee, disconnection datee and timee, method of connection to the deeignated telephone, and. all other information related to I the connectione from T-Mohile and all affiliates, All available cell eite information for calle between January 1, 201D, and February 23, Eol?, All cellular telephone company euhecriher information for the phone numhere identified ae and Area Investigations. tc include subscriber nameis}, perscnal addresses, telephcne numbers, billing addresses, billing statements, custcmer service, ccpies cf custcmer sccial security records, credit and dccumentaticn shcwing cf payment, and ccnjunctidn tc that listed above, between January and February 23, cf the initial regardless cf date, 12. Any names and user names, billing ccntact by perscn{E} referenced and ether any QUELIFICATIQHE I am a peace cfficer by the Ccunty cf San Diegc Sheriff?s Department and have been as fer 14 years. During my tenure, I have been assigned tn the jail, I am currently a detective assigned tc the Sheriff?s Hemicide Detail and have been as assigned ever .1 year. of including a can};r ether retards related tn the shave-referenced including of cr entities abdut the abcve? subscriber While working in these different positions, I have conducted numerous investigations related to crimes of violence ranging from battery to murder. I have been involved in approximately 40 homicide investigations in various capacities. I have also investigated several cases of missing persons, natural deaths, suspicious deaths, suicides and officer involved shootings. Additionally, I have worked closely and consulted with criminalists and other specialized consultants in the field of criminal investigations. I have received training available to law enforcement to keep proficient in my profession. This training includes, but is not limited to: the Investigation of Homicide and Deaths; Officer Involved Shootings; Domestic Violence; Sexual Assault; Kidnappings; Gangs and Narcotics; Interview and Interrogations courses; Arrest and Search Warrant Preparation courses; Court Room Testimony courses; and Basic Criminal Investigations courses. I possess an Advanced Certificate from the California Department of Justice on the Commission of Peace Officer Standards and Training. PROBABLE CAUSE During the course of my duties, I have learned the following information based upon my discussions with the named witnesses or by having read the reports of or talked with other San Diego Sheriff's Department deputies and detectives who have spoken directly with the named witness. All references to dates refer to the current calendar year unless otherwise stated. At approximately 0939 a.m the morning of Monday, February 15th, 2010, SDSO communications received a call from Michael McStay. Michael McStay was calling from the Huntington Beach area of California and he wanted to report that his brother,. Joseph McStay and Joseph?s family; Summer McStay (wife, 43 years old), Gianni McStay (son, 4 years old) and Joseph McStay Jr (son, 3 years old) had not been seen or heard from since Thursday, February 4U5 2010. When we arrived we were briefed by Deputy M. Tingley who told us that he initially spoke to the reporting party, Micheal McStay on the telephone. Michael was very concerned as he had communicated with several family members and several friends over the past 11 days in an attempt to locate his brother and his brother?s family. No person had seen or heard from the McStay family in the past 11 days. Michael informed Deputy Tingley that Joseph owned and operated his own business and it was very unusual that Joseph would abandon his business and the clients. Michael also believed the family would not have left the two family dogs in the backyard under any circumstance. At 1032 a.m. deputies arrived at 3473 Avocado Vista Lane as a result of the request for a welfare check at the residence. When deputies arrived they knocked on the front door of the residence and checked the exterior of the residence for signs of forced entry. The residence was secure and no persons were home. Due to the reported length of time that the family had been 5- had seen the family recently. Deputies fcund nc in the residence. :residence. .cn Mcndayr February EHH Iviclaticn. missinge deputies entered the residence tc check the welfare cf whe may be in the residence but were unable tc The family cwned dcge were in the backyard. Deputies exited the residence and spcke tc The Deputies lccated a San Diegc County Animal nctice attached tn the indicating the residents were being warned abandcning their and net previding fer their care. Deputy Tingley ccnducted a reccrd check cf vehicles 3registered tc Jcseph McStay which revealed he cwned a 1995 Isuzu and a 1999 Dcdge truck 13- The green 1999 Dcdge truck was parked in the driveway cf the The 1996 Isuzu was alsc missing. a check cf the 1996 Isuzu revealed the vehicle had been tcwed a parking 1st near the USAXMenicc bcrder at 9399 hcurs 291D. The was a result cf a parking Deputies secured the scene at abcut 153D p.m. and contacted the ccmmunicaticn divisicn called cut the hemicide unit. Dcmmunicaticns ccntacted EDSD Martinez, called cut hcmicide team she. I, alcng with several ether members cf the EDSD unit tc save hvccadc Vista Lane in the City cf and the Ccunty cf San Diegc. During the hemicide briefing in which the deputies have 'secured the scene the hcmicide unit cf what had a- Deputy Tingley apelegised as he teld me he inadvertently ferget te thank the garage area ef the residenee during his welfare eheek. He deserihed the initial welfare eheek as a eursery seareh ef the residents fer persens. Based en my training and erperieneer I realised the search fer hedies and any sign ef feul play during a welfare eheek is erueial te determining if a persen has been harmed. I asked Deputy Tingley te lead a welfare eheek inte the residents te eemplete the welfare eheek ef the garage and te feeus en the aferementiened eireumstanees. This eheek weuld inelude leeking in elesetsr under beds, and in Ileeatiens where small ehildren eeuld he. After entering the residence, I netieed in the living reem there was a small eeueh with twe small hewls that were half filled with pepeern. The pepeern was spilled near the hewle. In the kitchen there was a earten ef raw eggs and a bag ef mierewave pepeern en the eeunter. In the upstairs master hedreem there was a tall lamp that was lying en the fleer. In the walk?in eleset ef the master hedreem there were several suitcases in the epen pesitien with felded elething inside ef the suitcases. There was a large quantity ef elething tessed en the center ef the fleer in the eleset. I did net see a ladies purse anywhere in the residenee. There were he apparent signs ef feul iplay. Dn Tuesdayr February I went te 113? Walnut Avenue in Chula Vista te seize the white 1995 Isusu Treeper ifrem the Western Tew yard as evidenee under autherity 22655-5{h3 with Joseph McEtay and Summer McStey were identified. EVE. I had the vehicle towed and stored at the San Diego Sheriff's Crime Lab. During my investigation cell phones known to be associated Law enforcement officers were able to determine that no cell phone activity had occurred since February e?t E?l? on either phone. From my investigation I learned Joseph McStay typically used his cellular telephone? while Summer McStay typically I need her cellular telephone ?to place and receive telephone calls during the time period covering January E?l? to February EEHK The local media and national media have showed intense interest in this case and several news stories have been running on local television for the last several days. Those stories have included a plea for anyone with knowledge of the whereabouts of the McStay family to come forth. .As of this date there has =been no response to this plea as to the whereabouts of the family and the family has not contacted law enforcement. on February aa?h zcl? at 0990 hours, I contacted Vanessa at the T-Mobile subpoena compliance office and confirmed both accounts held by TnMobile. DPIHIQHS AND EDHCLUSIHNE Based on my training and experienceJ I know that the above described telephone company has the information and records requested. I am also aware that the company representative is willing to produce records if a court order is produced. REQUEST TO SEAL AFFIDAVIT Pursuant to People v. Hobbs (1994) 7 Cal.4u?948, I respectfully request this affidavit and search warrant be sealed pending further order of the court. the Without sealing, affidavit and warrant become a matter of public record within ten days (Penal Code section 1534(a)). Sealing is justified even against discovery by the defendant based on the governmental privilege allowing for the protection of the identity of informants pursuant to Evidence Code section 1041 (Swanson v. Superior Court (1989) 211 Cal.App. 3d 332). The sealing requested herein, however, is not based on denying discovery to the defendant(s) when and if they are charged, but is being requested to merely prohibit public disclosure which could surely undermine the continuing investigation herein. We do not wish to divulge the information contained within these documents for fear that the perpetrators will destroy or conceal evidence. I believe that disclosure of the information prior to completion of our investigation would be against the public interest because the necessity for preserving the confidentiality of the information outweighs the necessity for disclosure. Thus, I believe the information contained within the aforementioned documents is entitled to protection provided by the official information privilege pursuant to Evidence Code section 1040 as well. In addition, due to the sensitive nature of the matter, I request -9 the court order sealing of the warrant and documents in support thereof pending further order of court. Therefore, based on my training and experience and the above facts, II believe that i[ have substantial cause to believe the above described property, will be at the or a portion thereof, above described premises when the warrant is served. Based on the aforementioned information and investigation, I believe that grounds for the issuance of a search warrant exist as set forth in Penal Code 1524 and 1524.2. I, the affiant, hereby pray that a search warrant be issued for the seizure of said property, or any part thereof, from said premise, and that the same be good cause being shown therefore, brought before this magistrate or retained subject to the order of this Court. This affidavit. has ?been :reviewed. for? legal sufficiency' by Deputy District Attorney Patrick Espinoza. Given under my hand and dated this 23H1day of February, Subscribed and sworn to before me 2010. this 23rd day of February 2010, at flS-lj? aagg./p.m. Ram Judge of the Superior Court -10- THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO A A A No. The People of the State of California, to any peace officer in the County of San Diego: Proof, by affidavit, having been this day made before me by Troy DuGal, a peace officer employed by the San Diego Sheriff?s Department, that there is substantial probable cause pursuant to Penal Code section 1524 and 1524.2 for the issuance of the search warrant, as set forth in the affidavit attached hereto and made a part hereof as is fully set forth. herein, you. are, therefore, commanded to make search at any time of the day good cause being shown therefore; LOCATION, PROPERTY, TO BE SEARCHED A. The records in the constructive or actual possession of the business known as T?Mobile. This business is located at 4 Sylvan Way, in the City of Parsippany, within the State of New Jersey. The search is 113 include the pmemises and all record storage areas and all parts therein. IfFor the following property, 1. ITEMS TD BE to wit: All communications stored electronic and files controlled by user accountfs] owned by T- Mobil Wireless and all af?iliates using telephone numbers of Connection dates and times, Disconnection dates and times, if applicable, Method cos account written application, telephone, Internet}, Telephone caller identification records, All text messages, greetings, voicemail recordings and passwords, All call detail information on incoming and outgoing calls, other connection information such as the telephone number of the caller or Internet Protocol address of the source of the connection, Connection information for other telephones, landline telephones and. computers which the user of the above?referenced accountis} connected, by any means, during the period, received and the destination IF addresses, connection dates and times, disconnection dates and times, method of connection to the designated cellularg to including the telephone numbers called and other the connection ll, 12. -cennectiens frem T-Mebile Wireless and all between January 1, telephene, and all ether infermatien related te the affiliates, .All available cell site infermatien fer ea leg placed tc tn: received frem telephene numbers 2013, and February 23, All cellular telephene cempany subscriber infermatien fer the phene numbers identified as subscriber nameis}, persenal infermatien,f addresses, telephene numbers, werk infermatien,l 'billing addressee, billing statements, recerds -ef custemer service, cepiee cf cuetemcr centracts, secial security recerds, credit and!? decumentatien shewing metheds ef payment, and shculd include any additienal numbers assigned tn the client which may er may net be 'werking ina cenjunctien te that listed abeve, between January 1, Reid, and February 23, 2310, including a cepy ef the initial centract regardless eE date, Any ether recerds related tn the abeve-referencedi acceuntis}, names and user names, including cerrespendence, billing recerds, recerds bf centact by perennial er entities abeut the abeve?referenced acceunt and any ether subscriber infermatien. you find the forthwith before me at California for the County of San Diego, same, the or any part thereof, Superior to bring Court of the State or to any other court which the offense in respect to which the property or things triable, or retain such property in your custody, subject to the order of this Court, pursuant to section 1536 of the Penal Code. Given under my hand and dated this Ziw'day of February, 2010. 72.4% Judge of the Superior Court THE SUPERIOR COURT OF THE STATE OF CALIFORNIA: 'f COUNTY OF SAN DIEGO TngEeqpleQQf#%hE State of California, to any peace officer in the ID rm 33 County of San Diego: Proof, by affidavit, having been this day made before me by Troy DuGal, a peace officer employed by the San Diego Sheriff's Department, that there is substantial probable cause pursuant to Penal Code section 1524 and 1524.2 for the issuance of the search as set forth in the affidavit attached hereto and made a warrant, part hereof as is fully set forth. herein, you are, therefore, commanded to make search at any time of the day good cause being shown therefore; LOCATION, PROPERTY, TO BE SEARCHED A. The records in the constructive or actual possession. of the business known as Time Warner Cable. This business is located at 13820 Sunrise Valley Drive, in the City of Herndon, within the State of Virginia. The search is to include the premises and all record storage areas and all parts therein. -L It"! 21 23 1:1- 25 26 1'1" 'EFor the following property, to wit: 1. ITEMS BE SEIZED All stored electronic communications and other files controlled by user accountts] owned by Time2 Warner Cable and all affiliates using the talephone We of times, Connection dates and Disconnection dates and times, if applicable, Method of written appl ication, account telephone, Internet}, Telephone caller identification records, All text messages, greetings, voicemail recordings and passwords, All cell detail information on incoming and outgoing calls, other connection information such as the telephone number of the caller or Internet Protocol address of the source of the connection, a Connection information for other cellulari: telephones, landline telephones and computers to. 1?which the user of the above-referenced accountEsli: connected, by any means, during the connectionii period, including the telephone numbers called and received and the destination IP addresses, connection dates and times, disconnection dates and times, method of connection to the designated telephone, and all other information related to the .1. 113you find the forthwith before me at the ,California for the County of San Diego, or to any other court in table and al 1 connections from Time 1i'i'arnsr affiliates, All available cell site information for calls I placed to or received from telephone number -between January 1, and February 23, All telephone company subscriber information for the phone number identified as to include subscriber namells}, personal information, information, addresses, work telephone numbers, billing addresses, billing statements, records of customer service, copies of customer contracts, social security records credit information and documentation showing methods of payment, and should include any additional numbers assigned to the client which may or may not be working in conjunction to that listed above, between January: 1, E?lu, and February 23, 201D, including a copy of the initial contract regardless of date, any other records related to the above-referenced account is} names and user names including correspondence, billing records, records of contact by personis} or entities about the above-referenced, account and any other subscriber information. same, or any part thereof, to bring it Court of the State of which the offense in respect to which the property or things is triable, or retain such property in your custody, subject to the order of this Court, pursuant to section 1536 of the Penal Code. Given under my hand and dated this 23rd day of February, 2010. [ff/am Judge of the Superior Court SUPERIOR COURT OF CALIFORNIA ., COUNTY OF SAN DIEGO WARRANT N0. STATE CALIFORNIA RECEIPT AND WVENTORY CASE N2. C) 30L turf-i? -L-. :43 9: 63 ame) Receipt is hereby acknowledged. and the undersigned makes this inventory, of the following property and things seizedjby: hifhfh?l?ith??s day. ih'ithe search of the premises described in said warrant and taken pursuant thereto. toys/it? DATE: 3?3? \0 0300 DEPTJAGENCY: 5D. I514 IDNO.: l. \jw . the of?cer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all property taken by me on the warrant Subscribed and sworn to before me this 512 dayofmww f?cer Execvuting Magistrate/Judge sosc 9412} RECEIPT AND INVENTORY - SEARCH WARRANT 1n255 25; cover": or see Dress 1 Ho. STATE IN THE SUPERIDR EGURT DF THE STATE DF CALIFDRNIA, CDUNTY DF SAN DIEGD AFFIEHVIT FDR SEARCH fee. I, Troy DuGal, do on oath make complaint, say and depose the following LDEATIDH, on this A. 1. as?1 day of February, 201:1: that I have substantial probable cause to heliEVE and I do believe that I have cause to search: ennfea TO BE assesses The records in the constructive or actual possession of the business known as Time Warner Cable, This business is located at 1.3320 Sunrise 1Ialle1r Drive, in the City of Herndon, within the State of Virginia. The search is to include the premises and all record storage areas and all parts therein. ITEMS TD HE SEIZED For the following property, to wit: All stored electronic communications and other files controlled by user accountais} owned by Time Warner Cable and all affiliates using the telephone number of Connection dates and times, Disconnection dates and times, if applicable, Method of account Ee.g., written application, telephone, Internet}, 1D. ll. between January l, 2016, and Februaryr 23, Telephone caller identification records, all text messages, greetings, voicemail recordings and passwords, All call detail information on incoming and- cutgoing calls, Other connection information such as the telephone number of the caller or Internet Protocol address of the source of the connection, Connection information for other cellular telephones, landline telephones and computers to which the user of the aboveureferenced accountifs} connected, by any means, during the connection period, including the telephone nurrhers called and received and the destination IP addresses, connection dates and times, disconnection dates and times, method of connection to the designated telephone, and all ether information related to the connections from Time Warner |l?lahrle and all. affiliates, cell All available site information for calls placed to or received from telephone number {i all telephone companyr subscriber information for the phone numbers identified as to include subscriber nameis}, personal information, addresses, telephone numbers, work information, 3. billing addresses, billing statements, records of customer service, copies of customer contracts, social security records, credit information and documentation showing methods of payment, and should include any additional numbers assigned to the client which. may or may' not be working in conjunction to that listed above, between January 1, 2010, and February 23, 2010, including a copy of the initial contract regardless of date, 12. Any other records related tx) the above-referenced account(s), names and including user names, correspondence, billing records, records of contact by person(s) or entities about the above- referenced account and any other subscriber information. QUALIFICATIONS I am a peace officer employed.by the County of San Diego Sheriff?s Department and have been so employed for approximately 14 years. During my tenure, I have been assigned to the jail, patrol, the Community Oriented Policing and Problem Solving Unit and Area Investigations. I am currently a detective assigned to the Sheriff?s Homicide Detail and have been so assigned for over 1 year. While working in these different positions, I have conducted numerous investigations related to crimes of violence ranging from battery to murder. I have been involved in approximately 40 homicide investigations in various capacities. I have also investigated several cases of missing persons, natural deaths, suspicious deaths, suicides and officer involved shootings. Additionally, I have worked closely and consulted with criminalists and other specialized consultants in the field of criminal investigations. I have received training available to law enforcement to keep proficient in my profession. This training includes, but is not limited to: the Investigation of Homicide and Deaths; Officer Involved Shootings; Domestic Violence; Sexual Assault; Kidnappings; Gangs and Narcotics; Interview and Interrogations courses; Arrest and Search Warrant Preparation courses; Court Room Testimony courses; and Basic Criminal Investigations courses. I possess an Advanced Certificate from the California Department of Justice on the Commission of Peace Officer Standards and Training. PROBABLE CAUSE During the course of my duties, I have learned the following information based upon my discussions with the named witnesses or by having read the reports of or talked with other San Diego Sheriff?s Department deputies and detectives who have spoken directly with the named witness. All references to dates refer to the current calendar year unless otherwise stated. At approximately 0939 a.m the morning of Monday, February lsu? 2010, SDSO communications received a call from Michael McStay. Michael McStay was calling from the Huntington Beach area of California and he wanted to report that his brother, 4- Joseph McStay and Joseph?s family; Summer McStay (wife, 43 years old), Gianni McStay (son, 4 years old) and Joseph McStay Jr (son, 3 years old) had not been seen or heard from since Thursday, February 2010. When we arrived we were briefed by Deputy M. Tingley who told us that he initially spoke to the reporting party, Micheal McStay on the telephone. Michael was very concerned as he had communicated with several family members and several friends over the past 11 days in an attempt to locate his brother and his brother?s family. No person had seen or heard from the McStay family in the past 11 days. Michael informed Deputy Tingley that Joseph owned and operated his own business and it was very unusual that Joseph would abandon his business and the clients. Michael also believed the family would not have left the two family dogs in the backyard under any circumstance. .At 1032 a.m. deputies arrived at 3473 Avocado Vista Lane as a result of the request for a welfare check at the residence. When deputies arrived they knocked on the front door of the residence and checked the exterior of the residence for signs of forced entry. The residence was secure and no persons were home. Due to the reported length of time that the family had been missing, deputies entered the residence to check the welfare of persons who may be in the residence but were unable to respond. Deputies found no persons in the residence. The two family owned dogs were in the backyard. The Deputies exited the residence and spoke to neighbors. neighbors had not seen the family recently. Deputies located a -5 95: experiencet I realized the search.for bodies and any sign of foul 2? on Monday, February 2919. homicide team one. 25; _play during a welfare check is crucial to determining if a San Diego County Animal Control notice attached to the front door _indicating the residents were being warned for abandoning their dogs and not providing for their care. Deputy Tinglev conducted a record check of vehicles 'registered to Joseph McStav which revealed he owned a 1995 . Isuzu Trooper and a 1999 Dodge truck The -green 1999 Dodge truck was parked.in the driveway of the - residence. The 1995 Isusu Treoper'was also missing. A records check of the 1995 Isuzu Trooper revealed the vehicle had.been Itowed from a parking lot near the USAjMenico border at 2995 hours The tow was a result of a parking violation- Deputies secured the scene at about 1639 p.m. and contacted the communication division who called out the homicide l-unit. Communications Martinez, who called out I, along with several other members of the unit responded to 3499 Avocadc?Vista Lane in the City of Fallbrook and the Count}? of San Diego. During the homicide briefing in which the deputies who have eecured the scene inform the homicide unit of what had occurred, Deputy'Tingley apologised as he told me he inadvertently forgot to check the garage area of the residence during his welfare check. He described the initial welfare check as a cursory search of the residence for persons. Based on my training and person -g 'Cyc. has been harmed. I asked Deputy'Iingley tc lead a seccndary welfare check inte the residence ts the welfare-check cf 3 the garage and tc feces en the aferementicned circumstances. This check wenld include leeking in under beds, and in :1ccaticns where small children he. .After entering the residence, I ncticed in the living ream there was a small ccuch with small that were half filled with The pepcern was spilled near the In the kitchen there was a cartcn cf raw eggs and a bag cf micrcwaye en the ccunter- In the upstairs master hedrcem there was a tall lamp that was lying en the In -the walkwin clcset cf the master there were several suitcases in the cpen pesiticn with felded clething inside cf the suitcases. There was a large quantity cf teased en the center cf the in the cleset. I did net see a ladies purse anywhere in the residence. There were nc apparent signs cf ?play. Dn Tuesday, February ls?h salt, I went te 113? Walnut Avenue in Chula ?fista tc seize the white 1996 Isuzu Treeper the Western Tew yard as evidence under authcrity 22655.5{h) I had the vehicle tewed and stared at the San Diegc Sheriff?s Crime Lab. During my investigaticn a residential telephcne tc he .asseciated with Jeseph McStay and Summer McStay were identified. my investigaticn I learned the residential telephcne number fer Joseph and Summer McStay?s residence, lecated at 34?} hyecadc Vista Lane in the City cf Fallhreck and the Ecunty cf San Diege 41 residential telephene number is ?Cable and he infermed me they are previder fer the residential telephene number, requested. :pending further i5 That telephene number was used te place and telephene calls during the time peried cnvering January lft, 2010 te February 23, EDIE. The lecal media and national media have shewed intense interest in this case and several news stcries have been running on lccal televisien fer the last several days. These steries have included a plea anyene with knewledge cf the whereabeuts ef the McEtay family te ceme ferth. .As ef this date there has =.been ne respense tc this plea as tn the whereabeuts ef the family and the family has net centacted law Dn February Susan Blake previded me with the residential telephene number to her sen, Jcseph McStay?s residence lecated at save Avocade vista Lane. She confirmed the Gn I ccntacted Time Gate at Time Warner the lccal telephcne service DPIHIUHS AND DUHCLUSIUHE Based en my training and experience, I knew that the abeve described telephcne cempany has the and recerds I am alse aware that the company representative is willing tc preduce if a ccurt crder is produced. REQUEST TD SEAL AFFIDAVIT Pursuant te People {1954] Cal.4?? 943, I respectfully request this affidavit and search warrant be sealed crder cf the ccurt. Witheut sealing, the affidavit and warrant beceme a setter cf public recerd within ten e- privilege days (Penal Code section 1534(a)). Sealing is justified even against discovery by the defendant based on the governmental allowing for the protection of the identity of informants pursuant to Evidence Code section 1041 (Swanson v. Superior Court (1989) 211 Cal.App. 3d 332). The sealing requested herein, however, is not based on denying discovery to the defendant(s) when and if they are charged, but is being requested to merely prohibit public disclosure which could surely undermine the continuing investigation herein. We do not wish to divulge the information contained within these documents for fear that the perpetrators will destroy or conceal evidence. I believe that disclosure of the information prior to completion of our investigation would be against the public interest because the necessity for preserving the confidentiality of the information outweighs the necessity for disclosure. Thus, I believe the information contained within the aforementioned documents is entitled to protection provided by the official information privilege pursuant to Evidence Code section 1040 as well. In addition, due to the sensitive nature of the matter, I request the court order sealing of the warrant and documents in support thereof pending further order of court. Therefore, based on my training and experience and the above facts, I believe that I have substantial cause to believe the above described property, or a portion thereof, will be at the above described premises when the warrant is served. Based on the aforementioned information and investigation, I believe that grounds for the issuance of a search warrant exist 'as set forth in Penal Code 1524 and 1524.2. I, the affiant, hereby pray that a search warrant be issued for the seizure of said property, or any part thereof, from said premise, good cause being shown therefore, and that the same be brought before this magistrate or retained subject to the order of this Court. This affidavit has been reviewed for legal sufficiency by Deputy District Attorney Patrick Espinoza. Given under my hand and dated thi 23mi day of February, 2 I a? My Subscribed and sworn to before me this day of February 2010, at ?23-319 Rams Judge of the Superior Court -10- THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO The People of the State of California, to any peace officer in the County of San Diego: Proof, by affidavit, having been this day made before me by Troy DuGal, a peace officer employed by the San Diego Sheriff?s Department, that there is substantial probable cause pursuant to Penal Code section 1524 and 1524.2 for the issuance of the search as set forth in the affidavit attached hereto and made a warrant part hereof as is fully set forth herein, you are, therefore, commanded to make search at any time of the day good cause being shown therefore; LOCATION, PROPERTY, TO BE SEARCHED A . The records in the constructive or actual possession of the business known as Time Warner Cable. This business is located at 13820 Sunrise Valley Drive, in the City of Herndon, within the State of Virginia. The search is to include the premises and all record storage areas and all parts therein. 10'Fcr the prcperty, tc wit: ITEMS TD BE All ccmmunicaticns and ether stcred electIcnic files by user cwned by Time Warner Cable and all affiliates using the telephcne; number cf - Ccnnecticn dates and times, dates and times, if applicable, Math-ed cf written applicaticn, telephene, Internet Telephcne caller identificaticn All text messages, greetings, vcicemail reterdings and All call detail an inccming and cutgcing calls, Either ccnnecticn such as the telephcne' number cf the caller cr Internet address cf the scurce cf the ccnnecticn, Ccnnecticn icn ether cel lular telephcnes, landline telephcnes and ccmputers tc which the user cf the abtwe~referenced ccnnected, by any means, during the ccnnecticn pericd,~ including the telephcne numbers called and the received and destinaticn IP addresses ccnnecticn dates and times, dates and' times, methcd cf ccnnecticn tn the designated telephcne, and all ether infermaticn related tn the' 4- oonneotions from Time Warner Cable and alli affiliates, 9. All available oell site information for calls plaoed to or received from telephone number - between January 1, 2010, and February 23, information for f? to information All telephone company subsoriber the phone number identified as inolude subsoriber name{s}, personal addresses, telephone numbers, work information, billing addresses, billing statements, reoords of customer seryioe, oopies of oustomer contrasts, sooial seourity reoords, oredit information and documentation showing methods of payment, and should inolude any additional numbers assigned to' the client whioh may or may not be working in' oonjunotion to that listed above, between January 1, 21316, and February 23, 2131:], including a oopy of the initial oontraot regardless of date, 11. Any other reoords related to the above?referenoed names and user names inoluding reoords of contact; oorrespondenoe bill ing reoords by person{s} or entities about the above-referenced and any other subsoriber information: If you find the same, or any part thereof, to bring it; forthwith before me at the Superior Court of the State of California for the County of San Diego, or to any other oourt in which the offense in respect to which the property or things is triable, or retain such property in your custody, subject to the 'order of this Court, pursuant to section 1536 of the Penal Code. Given under my hand and dated this 23? day of February, 2010Edi/m Judge of the Superior Court