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HomeMy WebLinkAboutE2 R192200009 Dickey SW for Motel 6 VideoDATE PREPARED: 9/9/19 INCIDENT REPORT RIVERSIDE COUNTY SHERIFF CA0330000 q INITIAL SUPPLEMENTAL 1. FILE NUMBER R 19 220 0009 2 DATETLVIE REPORTED 3. DATE:1..11\1E ASSIGNED 4. DATE/TIME (NV START 5. DATETLVIE ENV. TERM 6. ADULT ARR 1 7. JUV ARE 8. OFFENSES - CODE SECTION CRIME COUNTS A.O.D. (no change) Assist Other Department - P.S.P.D. 01 9. EDP CODE 25A2-N 10. OFFENSES - CODE SECTION (Add or Change to) CREME COUNTS 0.I. S. (no change) Officer Involved Shooting - Injury 01 11. EDP CODE 13C8-N 12. OFFENSES - CODE SECTION (Add or Change to) CRIME COUNTS 243(d) PC (no change) Battery against a peace officer 01 13. EDP CODE 13C4-F 14. LOCATION OF OCCURRENCE S. Palm Canyon X Camino Parocelo, Palm Springs 15. REP. DIST. 16. OCCURRED ON- DATETLME 8/8/19 1618 17. OR BETWEEN DATETIME 18. BUSINESS NAME None 19. BUSINESS PHONE 20. CASE STATUS! CLEARANCE Arrest 21. WAS THIS INCIDENT RELATED TO MARIJUANA? El YES 0 NO (If yes, briefly include in narrative or additional details how it was related) VICTIM - REPORTING PARTY - WITNESS - OTHERS: [11 SEE ADDITIONAL PERSONS REPORT 22. INVL. V I 23. NAME (Last, First. Middle) PSPD Officer # 1 (confidential) (PB) 24. SEX 25. RACE 26. DOB 27. AGE 25. HT 29. WT 30. HAIR 31. EYES 32. SKIN 33. RESIDENCE ADDRESS CITY ZIP N/O 34. EMAIL ADDRESS 35. RES. PHONE N/O 36. BUSINESS ADDRESS CITY ZIP 200 S. Civic Drive Palm Springs, CA 92262 37. EMAIL ADDRESS 38. BUS. PHONE 760 327 1441 39. INVL V2 40. NAME (Last. First, Middle) PSPD Officer # 2 (confidential) (PB) 41. SEX 42. RACE 43. DOB 44. AGE 45. HT 46. WT 47. HAIR 48. EYES 49. SKIN 50. RESIDENCE ADDRESS CITY ZIP N/O 51. EMAIL ADDRESS 52. RES. PHONE N/O 53. BUSINESS ADDRESS an( ZIP 200 S. Civic Drive Palm Springs, CA 92262 54. EMAIL ADDRESS 55. BUS. PHONE 760 327 1441 SUSPECT: El ADULT 0 JUVENILE D1 PAROLE 0 PROBATION 0 SEE ADDITIONAL PERSONS REPORT [E] ARRESTED 56. SUSS S I 57. NAME (Last. First, Middle) Weintraub, Keyvn Matthew (PB) 58. SEX M 59. RACE W 60. DOB 030176 61. AGE 43 62. FIT 511 63. \VT 208 64. HAIR Bro 65. EYES Bro 66. SKIN 67. DRIVER'S LICENSE NUMBER! ID NUMBER IN POSSESSION YES NO q 68. STATE 69. SOCIAL SECURITY NUMBER 70. NINI NUMBER 71. CII NUMBER FBI # 72. RESIDENCE ADDRESS CITY ZIP 73. EMAIL ADDRESS 74. RES. PHONE 75. BUSINESS ADDRESS CITY ZIP None 76. EMAIL ADDRESS 77. BUS. PHONE None 78. JUVENILE DISPOSITION 0 OTHER JURIS. q JUV. CRT. PROB. 0 WITHIN DEPT. 0 DETAINED 0 NOT DETAINED 79. GANG DATA GANG NAME(S): so. TATTOOS/SCARS/MARKS/CLOTHING DESCRIPTION -SW # RI082120199 for Motel 6 video 4204-1374q Member q Associate q Self-Admit q Prior Knowledge TATTOOS / SCARS / MARKS q Face q Neck q R. Ann 0 L. Arm q Hands q Torso q Back • Legs VEHICLE: q REFER TO CHP 180 FORM FOR STOLEN, RECOVERED, TOWED OR IMPOUNDED 81. INVL 82. LICENSE 83. STATE 84. YEAR 85. MAKE 86. MODEL 87. BODY STYLE 88. SUR/0 AUTO VALUE Code: $ 89. COLOR1COLOR 90. VIN to 91. OTHER IDENTIFIERS 92. DISPOSITION OF VEHICLE 93. REGISTERED OWNER 94. ADDRESS CITY STATE ZIP 95. PHONE 0 PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED OR DAMAGED PROPERTY $ 101. DAMAGED PROPERTY VALUE REPORTING OFFICER Inv. Dickey OFFICER I.D. 4204 REVIEW YDATE 14-40.AA_ (1 7-8(1 &.r dh, ENTERED BY/DATE ENTERED BY.DATE COPIES TO: APR SENT: ", ..'CCELLED: DOI -NCR: ENTERED: DOJ-NCIC CANCELLED' Riverside County Sheriff-Incident Report Form A 435 (Revised 01-23-2018) FILE NUMBER R 19 220 0009 CONTINUATION PAGE Page Number: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 LAW ENFORCEMENT OTHERS: Sergeant Thurm # 2805 RSO/CHU 951 955 2777 Investigator Trudeau # 3147 RSO/CHU 951 955 2777 Investigator Harvey # 1701 R SO/C HU 951 955 2777 Investigator Stoyer # 2758 RSO/CHU 951 955 2777 Investigator Paz # 3327 RSO/CHU 951 955 2777 Investigator Sandoval # 3655 RSO/CHU 951 955 2777 Investigator Munoz # 3137 RSO/CHU 951 955 2777 Deputy District Attorney R. Hightower District Attorney's Office 760 863 8216 District Attorney Investigator S. Paixao District Attorney's Office 760 863 8216 ASSOCIATED CASE NUMBERS: Palm Springs Police Department # 1908P-1476 EVIDENCE: ITEM DESCRIPTION JDO1 CD ROM DISC containing surveillance video from Motel 6. (barcode 2179837) ATTACHMENTS: ITEM A B C QUANTITY 1 pages 5 pages 1 page DESCRIPTION Evidence print out Service copy of search warrant # RI082120199 Copy of search warrant return DETAILS: On 8/21/19, I (Investigator Dickey # 4204) conducted follow up investigation on the above case. I authored a search warrant for surveillance video at the Motel 6 located at 660 S. Palm Canyon Drive in Palm Springs CA. The search warrant requested from Motel 6 surveillance video from the relevant camera that may have captured the officer involved shooting on 8/8/19. The Honorable Judge Counelis signed the search warrant which was issued search warrant # RI0821200199. On 8/27/19, at 1130 hours, I served the search warrant to Motel 6 and was provided the video by Motel 6 Manager . I booked the video into evidence at the Palm Desert Station on 8/27/19 at 1330 0 Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016) FILE NUMBER R 19 220 0009 CONTINUATION PAGE Page Number: 3 1 hours. 2 On 9/919, Judge Diaz signed the search warrant return at 1430 hours and I attached it to this report as 3 attachment "C". 4 5 I viewed the video provided and although the camera is pointed in the direction of the officer involved 6 shooting, you cannot make out details of what is occurring as the video is distorted in the distance. 7 8 9 CASE STATUS: Arrest 0 Riverside County Sheriff-Form C 442 Continuation Page (Revised 11-15-2016) 19 220 0009 ATTACHMENT # A (1 page) Evidence report SN Riverside County Sheriff's Department New Property / Evidence Report Deputy Name: DICKEY,JAMES Deputy ID: 4204 Incident Number: R192200009 Evidence Barcode: Date Item Description: Mailing Address: Tickler will Entered By Entered: be sent: (ID): 2179837 iii 1111111 8/27/2019 Item Description: JD01-DISC SURV VIDEO FR X 11/25/2019 4204 MOTEL 6 Color: X. Make / Mfg: X. Model: X. X Serial No: X. . Page 1 of 1 rev 051109 NER R 19 220 0009 ATTACHMENT # B (5 pages) Service copy of search warrant SEARCH WARRANT AND AFFIDAVIT State of California — County of Riverside (AFFIDAVIT) Investigator James Dickey swears under oath that the facts expressed by him in this Search Warrant and Affidavit, in the attached and incorporated statement of probable cause are true and that based thereon he has probable cause to believe and does believe that the property and/or person described below is lawfully seizable pursuant to Penal Code Section 1524, as indicated below, and is now located at the locations set forth below. Wherefore, affiant requests that this/her Search Warrant be issued. NIGHT SERVICE REQUESTED: 0 YES [S] NO HOBBS SEALING REQUESTED: 0 YES /1 NO SEALING REQUESTED — EVIDENCE CODE 1040-1042: Z YES 0 NO DELAYED NOTIFICATION — PENAL CODE 1546.2(b)(1) PC: 0 YES Z NO ELECTRONIC MONITORING: n YES NO (Signa e of A taut) (SEARCH WARRANT) THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICE OFFICER, OR PEACE OFFICER IN THE COUNTY OF RIVERSIDE: proof having been made, before me, by Investigator James Dickey= that there is probable cause to believe that at the property and/or person described herein may be found at the locations set forth herein and is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by "X"(s) in that: Fl It was stolen or embezzled, It was used as the means of committing a felony, n It was possessed by a person with the intent to use it as means of committing a public offense or is possessed by another whom he or she may have delivered it for the purpose of concealing it or preventing its discovery, El It tends to show that a felony has been committed or that a particular person has committed a felony, It tends to show that a sexual exploitation of a child in violation of Section 311.3, or depiction of sexual conduct of a person under the age of 18 years, in violation of Section 311.11, has occurred or is occurring, There is a warrant for the person's arrest; YOU ARE THEREFORE COMMANDED TO SEARCH (premises, vehicles, persons): See ATTACHMENT "A" FOR THE FOLLOWING PROPERTY/PERSON: See ATTACHMENT "B" SEALING ORDER: Pending further order of the Court, this Search Warrant and all accompanying documents shall not become a public record and shall be sealed and delivered into the custody of the Clerk of the Superior Court. Grounds for sealing: Z Official Information (Ca. Evidence Code § 1040) q Informant Protection (Ca. Evidence Code § 1041) Based upon the aforementioned facts and circumstances, I have reasonable cause to believe that grounds for the issuance of a Search Warrant exist, as set forth in Section 1524 and 1546 of the California Penal Code as well as 18 USC § 2703(c), 2703(d), 3122, and 3123). I ask that a Search Warrant be issued based upon the aforementioned facts, for the seizure of said property, or any part thereof, good cause being shown thereof, and the same be brought Page 1 SEARCH WARRANT AND AFFIDAVIT before this Magistrate or retained subject to the order of the court, or of any court in which the offense(s) in respect to which the property of things taken, pursuant to Section 1536 of the Penal Code. AND TO SEIZE IT IF FOUND and bring it forthwith before me or to the appropriate courthouse within the County of Riverside. This Search Warrant an incorporated Affidavit was sworn to true and subscribed before me this 2 - day of Ax"--luk- I I , t 1 ,Timedo!s-3 or-Pibl]. Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it. NIGHT SERVICE REQUESTED: q YES Z NO HOBBS SEALING REQUESTED: q YES El NO SEALING REQUESTED — EVIDENCE CODE 1040-1042: [El YES q NO DELAYED NOTIFICATION — PENAL CODE 1546.2(b)(1) PC: Li YES [21 NO ELECTRONIC ONITORING: q YES NO (Signatu of Magish-ate) Judge Steven G. Counelis (Printed Name of Magistrate) Judge of the Superior Court of California, County of Riverside. Department 419 Reviewed telephonically for legal sufficiency by DDA Hightower. Page 2 SEAR' 11 WARRAN AND AF AIIDAV11 ATTACHMEN i A You are therefore COMMANDED to SEARCH: Motel 6 (G6 Hospitality LLC) 660 S Palm Canyon Drive Palm Springs, CA 92264 PH: (760) 327-4200 Palle 3 SEARCH WARRANT AND AFFIDAVIT ATTACHMENT B For the FOLLOWING PROPERTY or PERSON(s): (to he Seized) 1. Video surveillance system and associated video from Motel 6 (G6 LLC) to cover all cameras from 8/8/19 from 1600-1700 hours. SERVICE OF WARRANT authorization is given to serve this search warrant via fax or email to the designated representative of Motel 6 (66 LLC). CERTIFICATION/CUSTODIAN OF RECORDS CA EVIDENCE CODE 1560(f) It is ordered that Motel 6 (G6 LLC) shall certify and verify the authenticity of electronic information that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the California Evidence Code. This requirement is mandated by the provisions contained in Penal Code section 1546(d)(3). UNRELATED EVIDENCE: As required by California Penal Code § 1546.1 (d), any electronic information obtained through the execution of this warrant that is unrelated to the objective of the warrant shall be sealed and shall not be subject further review, use, or disclosure absent an order from the Court. If no evidence of criminal activity is discovered relating to the seized property and associated peripherals, the system will be returned promptly. Page 4 SEARCH WARRANT AND AFFIDAVIT CALECPA ELECTRONIC MEDIA REQUIREMENTS: Surveillance camera system(s) determined to belong to Motel 6 (G6 LLC) and/or determined to have evidence related to this incident. Investigators are authorized if necessary to seize the aforementioned surveillance camera system if Motel 6 fails to produce the actual video surveillance footage requested. FOR THE FOLLOWING: All data that constitute evidence and instrumentalities relevant to this assault on a peace officer investigation between the dates of August 8, 2019 1600 hours through ,August 8, 2019 1700 hours. Surveillance Camera System: 1. All video files from the above date and times. Investigating officers are authorized, at their discretion, to conduct an offsite search of the seized items for the property described. Investigating officers and those agents acting under the direction of the investigating officers are authorized to access all data on the device to determine if the data contains the items as described above. If necessary, investigating officers are authorized to employ the use of outside experts, acting under the direction of the investigating officers, to access and preserve data on the device. Those items that are within the scope of this warrant may be copied and retained by investigative officers. Page 5 R 19 220 0009 ATTACHMENT # C (1 page) Search warrant return. N THE SURE CCU R A_TY OF RWERSDE OR COURT OF CAUFORMA RETURN TO SEA it? WARRANT NO. RI082120199 CH WARRANT The following property was obtained pursuant to a search warrant issued by the Honorable Counelis, Judge of the above-entitled court on August 21 2019. The search warrant authorized the collection of surveillance video from the Motel 6 located at 660 S Palm Canyon Drive in Palm Springs CA for the date of 8/8/19 for the hours bwteen 1600-1700. The warrant was executed on 8/27/19 and the property listed below was seized during the execution of the warrant. EVIDENCE: ITEM QUANTITY DESCRIPTION 01 01 Surveillance video I, Investigator James R, Dickey, by whom this warrant was executed, do swear that the inventory of property taken is true and accurate. J. Dickey, Investigator Riverside Coun Sheriff's Department t' Subscribed and sworn to before me on the day ofS te 2(1 at,2 * Judge of the above entitled Court