Kiel search warrant (PDF)

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SAN DIEGO4 bS E A R C H W A R R A N TThe people of the State of California, to any peaceofficer in the County of San Diego:Proof, by affidavit, having been this day made before me byDean Henderson, a Special Agent employed by the Drug EnforcementAdministration, that there is substantial probable cause for theissuance of the search warrant pursuant to Penal Code section1524, you are therefore, commanded to make search at any time ofthe day, good cause being shown, the package and all containersand contents therein:described as a FedEx parcel bearing FedExtracking number 858350781974 and addressed to Rick Jones, 9150Country Rd #1141, Tyler, Texas; said parcel is currently.locatedat the Narcotic Task Force offices at 4560 Viewridge Ave., Cityand County of San Diego; for the following property, to wit:controlled substances including codeine and compounds orderivatives of controlled substances; paraphernalia for the use,sale and transfer of controlled substances including baggies,tinfoil wrapping, bottles, cardboard boxes or other containers;packaging material such a Styrofoam packing peanuts, plastic

ubble wrap and the like; fabric softener sheets, fresh coffeegrounds, food condiments (mustard, ketchup, mayonnaise, barbecuesauce), automotive grease, vacuum sealing machines and othermaterials and devices intended to defeat detection by trainednarcotic dogs; tape or other sealing material; evidence of thetransfer of controlled substances including documentationreflecting the receipt or sales of controlled substances;evidence of previously shipped packages such as bills of ladingand receipts from UPS, FedEx, USPS and other commercialshippers; and papers, documents and effects tending to showdominion and control over said packages, includingfingerprints, handwriting,papers, or any document and effectbearing a form of identification such as a person's name, SocialSecurity number or driver's license number, also any money orfinancial instruments related to narcotic trafficking; and ifyou find the same, or any part thereof, to bring it forthwithbefore me at the Superior Court for the County of San Diego, orto any other court in which the offense in respect to which theproperty is//////////

triable, or retain such property in your custody, subject to theorder of this Court, pursuant to Section 1536 of the Penal Code,unless seized under federal asset forfeiture laws pursuant toTitle 21 United States Code section 881.Given under my hand and dated this 22nd day of September,2006.

SUPERIOR COURT OF CALIFORNIACOUNTY OF SAN DlEGOCOUNTY OF SAN DlEGO }ss.STATE OF CALIFORNIAPRECEIPT AND INVENTORYCASE NO.(-w( \C\ttJ", , 54%-(fiime)Receipt is hereby acknowledged, and the undersigned makes this inventory, of the following property andthings seized by himlher this day in the search of the premises described in said warrant and taken pursuantthereto, to wit:, the officer by whom this warrant wasexecuted, do swear that the above inventory contains a true and detailed account of all property taken by meon the warrant.1, n'Qq !k& y3C (7Subscribed and sworn to before methis 35%day of

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SAN DIEGOSTATE OF CALIFORNIA)(ss.COUNTY OF SAN DIEGO)AFFIDAVIT FOR SEARCH WARRANTNo.I, Dean Henderson, do on oath make complaint, say and deposethe following on this 22nd day of September, 2006: that I havesubstantial probable cause to believe and I do believe I havecause to search the package and all containers and contentstherein: described as a FedEx parcel bearing FedEx trackingnumber 858350781974 and addressed to Rick Jones, 9150 Country Rd#1141, Tyler, Texas; said parcel is currently located at theNarcotic Task Force offices at 4560 Viewridge Ave., City andCounty of San Diego; for the following property, to wit:controlled substances including codeine and compounds orderivatives of controlled substances; paraphernalia for the use,sale and transfer of controlled substances including baggies,tinfoil wrapping, bottles, cardboard boxes or other containers;packaging material such a Styrofoam packing peanuts, plasticbubble wrap and the like; fabric softener sheets, fresh coffeegrounds, food condiments (mustard, ketchup, mayonnaise, barbecuesauce), automotive grease, vacuum sealing machines and othermaterials and devices intended to defeat detection by trainednarcotic dogs; tape or other sealing material; evidence of thetransfer of controlled substances including documentation

eflecting the receipt or sales of controlled substances;evidence of previously shipped packages such as bills of ladingand receipts from UPS, FedEx, USPS and other commercial shippers;and papers, documents and effects tending to show dominion andcontrol over said packages, including fingerprints, handwriting,papers, or any document and effect bearing a form ofidentification such as a person's name, Social Security number ordriver's license number, also any money or financial instrumentsrelated to narcotic trafficking.I am a Special Agent for the U.S. Drug EnforcementAdministration (DEA) currently assigned to the San DiegoIntegrated Narcotic Task Force (NTF) Commercial InterdictionTeam. I have been a Special Agent for approximately eight years.I have received more than 700 hours of comprehensive classroomtraining from the U.S. Drug Enforcement Administration inspecialized drug investigative matters including but not limitedto drug interdiction, drug detection and identification, moneylaundering techniques, locating hidden assets derived from drugtrafficking and the investigation of individuals involved in thesmuggling, cultivation, manufacturing and illicit trafficking ofcontrolled substances. Prior to my appointment as a special agentwith the Drug Enforcement Administration I was a deputy sherifffor Cherokee County in the state of Georgia for approximatelyeight years.

During the course of my employment, I have investigatedillicit controlled substance trafficking in San Diego andsurrounding areas. I have had formal training and experience incontrolled substance investigations and I am familiar with themanner in which controlled substances are packaged, marketed andconsumed. I have received training in the identification of alltypes of controlled substances by sight and odors. I have made inexcess of 100 arrests for controlled substance violations.In thecourse of my employment, I have become familiar with the ordinarymeaning of controlled substance slang and jargon, and I am familiarwith the manners and techniques oftraffickers in controlledsubstances as practiced locally.During the time I have beenassigned to the NTF Parcel Interdiction Team, I have gainedspecialized expertise in the way narcotics and money are shipped toand from the San Diego area.This expertise included formal andinformal training from experienced United States Postal Service(USPS) inspectors and DEA and NTF agents on the modus operandi ofdrug traffickers using drug parcel transportation means;'It is quite well known in local law enforcement circles thatSan Diego is a primary source city for Mexican and Colombiannarcotics being shipped to all points east within the UnitedStates as well as subsequently being the destination city forhundreds of thousands of dollars in U.S. currency being returnedhere for payment of those drugs.

By shipping with FedEx customers consent to have theirparcels opened and examined by FedEx at anytime. On June 2,2006, management at FedEx conducted such an audit of a parcelwhich contained fifteen bottles of Prorneth with codeine, aschedule V controlled substance.Because of the busy scheduleat FedEx, they did not contact NTF about the parcel until AugustlSt. Upon taking custody of the parcel, I found a Delta airplaneboarding pass with the name Stacy Muckleroy on it packaged withthe codeine.A Department of Motor Vehicle (DMV)check shows Muckleroy asa black female weighing 140 pounds and is 5/04'' tall.Kiel's DMVrecords show him as a black male weighing 205 pounds and is 6'00"tall. The DMV records check reflects Muckleroy living at 4917Juneberry Court and Terrence Kiel having a car registered to thesame address.FedEx employees told me the shipper of the parcel was alarge, muscular, black male but could not positively identify theshipper of the parcel as Kiel because it had been a month sincethe parcel had been shipped. Employees of the FedEx know who Kielis because he ships regularly from the FedEx using his FedExaccount.On September 21, 2006, the manger of a Federal Expressoffice called me when Terrence Kiel shipped a parcel similar tothe parcel shipped on June 2nd. The return address on the August

1 parcel, which contained the codeine, was 4900 Santo Road. Theparcel shipped by Kiel on September 21 showed a return address of4817 Santo Road, not Kielfs real address. Also, Kiel paid cashto ship the parcel even though he has an account with FedEx.Thereturn name on the shipping label was Edward Floyd when it shouldhave reflected his name as the shipper.Based on my training andexperience, I know it is common for drug smugglers to use adifferent name than their own to avoid being detected by lawenforcement.Both the June and September parcels were beingshipped to Texas where law enforcement date bases show Kiel wasborn and previously arrested for aggravated assault a publicservant, theft, and evading arrest.Employees at FedEx copiedthe license plate of the vehicle Kiel was driving.A DMV recordcheck shows the vehicle is registered to Terrence Kiel at 4917Juneberry Court, San Diego.I know, under Illinois v. Gates, the magistrate reviewingthis affidavit must conclude whether, given the totality of thecircumstances, there is a fair probability that the evidencesought will located at the scene of the search.Based on the following:(1) a parcel was shipped on June2nd which contained 15 vials of codeine and Terrence Kiel issuspected of shipping the parcel based on a boarding pass foundinside the parcel which led back to Kiel's home address, (2) Kielwas observed shipping a similar parcel on September 21, (3)

despite having an account number, Kiel used cash to ship theparcel which is common practice for drug smugglers to avoid apaper trail, and (4) the person who shipped the parcel on June2nd matches a description of Kiel.I, the affiant, hereby pray a search warrant be issued forthe seizure of said property, or any part thereof, from saidpackage at any time of the day, good cause being shown therefore,and that same be brought before this magistrate or retainedsubject to the order of this Court.This affidavit has been reviewed for legal sufficiency byDeputy District Attorney Marty Martins. 7Given under my hand and dated this 22nd day of September,Subscribed and sworn to before methis 22nd day of September, 2006/=,/",I/' I-- ,,/ : /'2 i .Judge of %he duperl'or CourtSan Diego County,,./'

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SAN DIEGOS E A R C H W A R R A N TNo.-7 -." 3 ..j($7 //IThe people of the State of California, to any peaceofficer in the County of San Diego:Proof, by affidavit, having been this day made before me byDean Henderson, a Special Agent employed by the Drug EnforcementAdministration, that there is substantial probable cause for theissuance of the search warrant pursuant to Penal Code section1524, you are therefore, commanded to make search at any time ofthe day, good cause being shown, the package and all containersand contents therein: described as a FedEx parcel bearing FedExtracking number 858350781974 and addressed to Rick Jones, 9150Country Rd #1141, Tyler, Texas; said parcel is currently locatedat the Narcotic Task Force offices at 4560 Viewridge Ave., Cityand County of San Diego; for the following property, to wit:controlled substances including codeine and compounds orderivatives of controlled substances; paraphernalia for the use,sale and transfer of controlled substances including baggies,tinfoil wrapping, bottles, cardboard boxes or other containers;packaging material such a Styrofoam packing peanuts, plastic

ubble wrap and the like; fabric softener sheets, fresh coffeegrounds, food condiments (mustard, ketchup, mayonnaise, barbecuesauce), automotive grease, vacuum sealing machines and othermaterials and devices intended to defeat detection by trainednarcotic dogs; tape or other sealing material; evidence of thetransfer of controlled substances including documentationreflecting the receipt or sales of controlled substances;evidence of previously shipped packages such as bills of ladingand receipts from UPS, FedEx, USPS and other commercialshippers; and papers, documents and effects tending to showdominion and control over said packages, includingfingerprints, handwriting, papers, or any document and effectbearing a form of identification such as a person's name, SocialSecurity number or driver's license number, also any money orfinancial instruments related to narcotic trafficking; and ifyou find the same, or any part thereof, to bring it forthwithbefore me at the Superior Court for the County of San Di.ego, orto any other court in which the offense in respect to which theproperty is//////////

triable, or retain such property in your custody, subject to theorder of this Court, pursuant to Section 1536 of the Penal Code,unless seized under federal asset forfeiture laws pursuant toTitle 21 United States Code section 881.Given under my hand and dated this22nd day of September,2006.Judge of the s6perYo? courtCounty of San Diego