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INTRODUCTION AFFIDAVIT FOR SEARCH WARRANT I, Ketrin L. Oravecz, being duly sworn, declare and state: 1. I am an investigative and law enforcement officer of the United States within the meaning of Title 21, United States Code, Section 878, who is empowered to conduct investigations of, and to make arrests for, the offenses enumerated in Titles 18 and 21, United States Code. 2. I am a Special Agent ("SA") of the Drug Enforcement Administration ("DEA") and have been so employed since January 2011. I am currently assigned to the Los Angeles Field Division ("LAFD"), Los Angeles, California, Group 2, an enforcement group investigating narcotics trafficking and money laundering violations under Titles 18 and 21 of the United States Code. I have received 20 weeks of specialized training in Quantico, Virginia, pertaining to narcotics trafficking, money laundering, undercover operations, and electronic and physical surveillance procedures. I have been involved in numerous investigations dealing with the possession, manufacturing, distribution, and importation of controlled substances. 3. In narcotics and narcotics money laundering investigations, I have utilized a variety of investigative techniques and resources, including physical and electronic surveillance, the analysis of telephone records, and assisted in the use of various types of informants and cooperating sources. I have assisted in undercover operations and I have planned and executed various search warrants. I have assisted in interviewing various narcotics traffickers and debriefing informants. Through these investigations, my training and experience, and my conversations with other law enforcement investigators, I have become familiar with the methods used by narcotics traffickers to smuggle and safeguard narcotics, to distribute narcotics, and to collect and launder proceeds related to the sales of narcotics. I am familiar with the methods employed by large-scale narcotics organizations in attempts to thwart detection by law enforcement including, but not limited to, the use of cellular telephone technology, counter-surveillance techniques, elaborately planned smuggling schemes tied to legitimate businesses, false or fictitious identities, and coded communications and conversations. 4. Further, I am also familiar with California "medical marijuana" laws and attempts to distribute marijuana through storefront locations. In my current assignment with DEA, I have conducted and participated in numerous investigations of marijuana cultivation and distribution and of marijuana stores. I have also participated in the execution of numerous search warrants of these "medical marijuana" stores. During the execution of these search warrants, I have observed marijuana plants, processed marijuana, and the many derivatives of marijuana, including hashish, hash oil, and edible and topical products containing marijuana. I 1

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Page 1: AFFIDAVIT FOR SEARCH WARRANT L. Oravecz, being duly sworn ... · Oravecz, being duly sworn, declare and state: 1. I am an investigative and law enforcement officer ofthe United States

INTRODUCTION

AFFIDAVIT FOR SEARCH WARRANT

I, Ketrin L. Oravecz, being duly sworn, declare and state:

1. I am an investigative and law enforcement officer of the United States within the meaning of Title 21, United States Code, Section 878, who is empowered to conduct investigations of, and to make arrests for, the offenses enumerated in Titles 18 and 21, United States Code.

2. I am a Special Agent ("SA") of the Drug Enforcement Administration ("DEA") and have been so employed since January 2011. I am currently assigned to the Los Angeles Field Division ("LAFD"), Los Angeles, California, Group 2, an enforcement group investigating narcotics trafficking and money laundering violations under Titles 18 and 21 of the United States Code. I have received 20 weeks ofspecialized training in Quantico, Virginia, pertaining to narcotics trafficking, money laundering, undercover operations, and electronic and physical surveillance procedures. I have been involved in numerous investigations dealing with the possession, manufacturing, distribution, and importation ofcontrolled substances.

3. In narcotics and narcotics money laundering investigations, I have utilized a variety of investigative techniques and resources, including physical and electronic surveillance, the analysis of telephone records, and assisted in the use of various types of informants and cooperating sources. I have assisted in undercover operations and I have planned and executed various search warrants. I have assisted in interviewing various narcotics traffickers and debriefing informants. Through these investigations, my training and experience, and my conversations with other law enforcement investigators, I have become familiar with the methods used by narcotics traffickers to smuggle and safeguard narcotics, to distribute narcotics, and to collect and launder proceeds related to the sales ofnarcotics. I am familiar with the methods employed by large-scale narcotics organizations in attempts to thwart detection by law enforcement including, but not limited to, the use of cellular telephone technology, counter-surveillance techniques, elaborately planned smuggling schemes tied to legitimate businesses, false or fictitious identities, and coded communications and conversations.

4. Further, I am also familiar with California "medical marijuana" laws and attempts to distribute marijuana through storefront locations. In my current assignment with DEA, I have conducted and participated in numerous investigations ofmarijuana cultivation and distribution and ofmarijuana stores. I have also participated in the execution of numerous search warrants ofthese "medical marijuana" stores. During the execution of these search warrants, I have observed marijuana plants, processed marijuana, and the many derivatives of marijuana, including hashish, hash oil, and edible and topical products containing marijuana. I

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have observed financial documents associated with the business, including but not limited to receipts, notes, ledgers, tally sheets, invoices, tax documents, bank records, and other papers, to be maintained within the business. I have also observed computers, thumb drives, external hard drives, and other data storage devices utilized to maintain business records.

5. This affidavit is submitted in support of a search warrant for the following locations (collectively, the "Premises to be Searched"):

Liberty Bell Temple II 5642 Hollywood Boulevard Hollywood, California 90028 ("Marijuana Store")

711 East Gage Avenue Los Angeles, California 90001 ("Marijuana Warehouse")

1731 North Gower Street Los Angeles, California 90028 ("Edward Forchion's Residence")

as further described below (in paragraph 18) and in Attachment A hereto, for evidence, fruits, and instrumentalities ofviolations ofTitle 21, United States Code, Sections 841(a), 846, and 856(a)(I) (possession with intent to distribute and distribution of a controlled substance, namely, marijuana, a Schedule I controlled substance; conspiracy to distribute a controlled substance, namely, marijuana; and maintaining drug-involved premises), as further described below (in paragraph 19) and in Attachment B hereto. Attachments A and B are incorporated as though fully set forth herein.

6. As set forth in this affidavit, I submit that there is probable cause to believe that Edward Forchion runs a marijuana Drug Trafficking Organization (the "Forchion DTO"). The Forchion DTO includes Liberty Bell Temple II, a company that sells marijuana, and there is probable cause to believe that marijuana, marijuana proceeds and/or pertinent documents are located. There is probable cause to believe that the Marijuana Warehouse (at 711 East Gage Avenue, Los Angeles, California) is used to cultivate marijuana for Liberty Bell Temple II and other distribution, and is a location at which marijuana, marijuana, marijuana proceeds and/or pertinent documents are located. There is also probable cause to believe that Edward Forchion's residence (I 731 North Gower Street, Los Angeles, California) is the residence ofthe primary operator of the Forchion DTO at which marijuana, marijuana proceeds and/or pertinent documents regarding the Forchion DTO are located. Marijuana is a Schedule I controlled substance, which under federal law means that it is not recognized as having any medical value,

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and any possession, distribution, or cultivation is in violation of federal law. I have continned with Assistant United States Attorney Jay Robinson, with whom I have consulted regarding this affidavit and the search warrant requested herein, my understanding that any distribution of marijuana is a violation of federal law, regardless whether it is exempt from prosecution under California or other state laws. See Gonzales v. Raich, 545 U.S. 1 (2006) (holding that Controlled Substances Act, even as applied to intrastate possession of marijuana, is within Commerce Clause powers); United States v. Oakland Cannabis Buyers Co-op., 532 U.S. 483 (2001) (holding that no medical necessity defense exists to prohibitions on manufacture and distribution ofmarijuana under the Controlled Substances Act). I am also aware that the sale of marijuana, including sales occurring inside marijuana stores, regardless of their self-identification as "collectives," is a violation ofCalifornia's "medical marijuana" laws. However, as set forth herein below, while Liberty Bell Temple II purports to operate as a marijuana store, which dispenses marijuana to individuals solely within their "collective," there is probable cause to believe that no "collective" exists and the Liberty Bell Temple II store sells marijuana to the general public in violation of California law. Liberty Bell Temple II also seeks protection under the First Amendment, specifically the incorporation of Liberty Bell Temple II as a non-profit religious organization under the Rastafari religion. Included within this requirement was the following language: "All members shall try their best to follow the laws of the State ofCalifornia, members are encouraged to have 'medical marijuana recommendations' however a medical marijuana recommendation is not required to praise at our temple."

7. This affidavit is submitted solely to establish probable cause for the requested search warrant and does not purport to set forth all of my investigation or knowledge of this matter. The facts and infonnation contained in this affidavit are based on my personal knowledge, as well as that ofother law enforcement officers involved in this investigation.

Training and Experience Regarding Medical Marijuana Stores

8. . Based on my training and experience and my conversations with other law enforcement officers, I am aware that "medical marijuana" stores are retail establishments selling marijuana to customers, purportedly for medical reasons. Further, based on my training and experience, I know that many of these stores seek protection under California's "medical marijuana" laws but, in fact, operate entirely to sell marijuana for profit. However, California law does not authorize "any individual or group to cultivate or distribute marijuana for profit;" rather, I am aware that California state law prohibits the sale ofmarijuana for profit. Based on my investigation, I believe that Liberty Bell Temple II operates to make a profit and attempts to disguise the breadth of their criminal activity by claiming that they cater exclusively to persons suffering from medical illnesses, when in fact persons without any medical condition can purchase marijuana at these retail establishments.

9. Based on my training and experience and my conversations with other law

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enforcement officers, I know that many marijuana stores have used the term "caregivers" in their business names or refer to themselves as "caregivers." I believe the use of the term "caregivers" is intended to reference a provision of California state law that in certain circumstances creates a defense to marijuana-related criminal charges for a "primary caregiver" who provides marijuana to a patient. However, it is my understanding that for purposes of this defense, California Health and Safety Code Section 11362.5 defines a "primary caregiver" as a person who consistently assumes "responsibility for the housing, health or safety" of the person to whom the caregiver provides marijuana. The California Supreme Court has also held that a primary caregiver must establish this responsibility independent of the administration ofmedical marijuana. (See People v. Mentch, 45 CalAth 274, 283-86 2008). Based on my investigation, I believe Liberty Bell Temple II engages in the sale of marijuana to individuals without assuming responsibility for the housing, health, or safety of the persons to whom they sell marijuana, as defined under California state law.

10. Also based on my training and experience and my conversations with other law enforcement officers, I know that residents of California can cultivate and possess certain amounts of marijuana by themselves or they can participate in "collectives." Webster's Dictionary defines "collective" as "an undertaking or business set up on the principle of control and ownership of the means of production and distribution by the workers involved." Currently, Liberty Bell Temple II requires a customer to sign paperwork designating that customer as a member of the religious "collective" in order to make the customer eligible to purchase marijuana. However, I know that the customer does nothing to participate in the "collective" other than to purchase marijuana, and is not involved in any aspect of the cultivation of that marijuana.

11. Also based on my training and experience and my conversations with other law enforcement officers, I know the following regarding the operation of "medical marijuana" stores:

a. Proprietors ofmarijuana stores often invest in several different stores at once to maximize profits;

b. Proprietors ofmarijuana stores often buy their marijuana from several different vendors to obtain different varieties of marijuana and marijuana edibles;

c. Proprietors ofmarijuana stores hide their association with the store to shield themselves from criminal prosecution or civil litigation. Proprietors of marijuana stores will use either fictitious identities or the names of lower-level members of the organization when subscribing to utilities or establishing rental agreements related to the store;

d. Marijuana stores often sell several different varieties ofmarijuana products including marijuana plants, both mature and immature (clones); hash; hash oil; kief (concentrated cannabis); topica1lotions and ointments; marijuana edibles, including baked goods, candies, drinks, ice cream, soups, and the like;

e. Marijuana stores coordinate with several cultivators and will often have an

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abundance ofprocessed marijuana. This abundance leads stores to not only sell marijuana to retail customers at the store, but to sell wholesale to other stores or distributors, including ones across state lines;

f. .Marijuana stores often use armed security guards to protect their marijuana and marijuana proceeds from robbery and theft. They will also keep all doors locked to restrict free access to the store, and often have video surveillance cameras installed inside and outside of the premises;

g. Marijuana stores will purposely not display the name of their store, so as to not draw attention by law enforcement officials and the general public;

h. Marijuana stores conduct most of their transactions with cash and large amounts ofcash are maintained at the stores and at the owners' places of residence;

i. Proprietors of marijuana stores often make purchases of high-value items with cash, in order to conceal their amassed wealth;

j. Marijuana stores use computers to conduct business, including maintaining customer records, sales figures, and product availability.

k. Marijuana stores keep records of their sales and supply transactions in the store as well as at other locations associated with the operation such as the residence of the principal operators. Often marijuana stores have multiple versions of their fmancial books to help conceal their profits or taxable income; For example one version of books for taxing authorities containing artificially reduced figures and information, and one version with actual figures and information for use by the store operators and owners. The true, accurate books and records are often kept at the residences of the owners and operators rather than the store itself since the residences are considered more "safe" from detection from law enforcement.

12. Based on my training and experience and my conversations with other law enforcement officers, I know marijuana store owners acquire, through leasing or purchasing, other properties at which they cultivate marijuana,.which they sell through their stores to. generate greater profits. I believe the Forchion DTO uses the Marijuana Warehouse at 711 East Gage Avenue, Los Angeles, California as a location in which to cultivate marijuana for his store.

13. Based on my training and experience and my conversations with other law enforcement officers, I also know that marijuana store owners use their residences as a place to store and safeguard pertinent documents, marijuana proceeds, and even maintain their surplus marijuana. I believe Edward Forchion is the primary owner/operator of the Forchion DTO and that the 1731 North Gower Street, Los Angeles, California contains pertinent documents and other evidence related to the operation ofLiberty Bell Temple II and the overall operations of the Forchion DTO.

Training and Experience Regarding Indoor Marijuana Grows

14. Based on my training and experience and my conversations with other law

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enforcement officers, I know the following regarding the indoor cultivation ofmarijuana: a. Persons who are involved in the indoor cultivation ofmarijuana become

involved in the process over an extended period of time because the indoor cultivation and distribution ofmarijuana is an ongoing process.

b. Indoor marijuana cultivation primarily requires the use ofhydroponic equipment, such as lava rock, in lieu of traditional soil methods. The term "hydroponic" refers to the cultivation ofplants by placing the roots in liquid nutrient solutions rather than soil. To conduct this type ofcultivation, the following equipment is usually required: rockwool, also known as Grodan (a fibrous material used as a growing medium and substituted for soil), high intensity lights, nutrients, fertilizers, various types of fans, tables, and trays that are specifically designed to facilitate the irrigation of plants, C02 enrichment systems, electrical timers, and other items that allow for optimum growing conditions.

c. Indoor cultivators generally utilize a technique known as "cloning" to produce additional plants from clippings from a "mother plant." These clippings are genetically identical to the mother plants. This allows the cultivator to take cuttings from a female plant and ensure the cuttings will develop identical female plants. This type of cultivation produces a seedless marijuana plant known as "Sinsemilla," which has a very high street value and is worthy of this expensive investment. In addition, this allows for what is normally an annual plant to be grown year round (three to four crops per year indoors). The cloning process allows for the cultivator to operate on an ongoing basis, c;apable ofproducing very high quality marijuana throughout the year. This is further made possible by the utilization of indoor lighting, which by adjusting the light cycle, allows the cultivator to extend the growing cycle of"mother plants" indefinitely.

d. The most common method ofgrowing marijuana indoors is by utilizing hydroponics which refers to the growing ofplants in a nutrient solution with or without an inert medium, to provide mechanical support. This growing medium is often referred to as Grodan or rockwool and is commercially available. Cultivators will take small cuttings (known as clones) from large female marijuana plants and place them into small cubes or rockwool. These clones will be placed in various specially made tables or trays where water, containing all ofthe vital nutrients that soil normally contains, will saturate the clones. The water is stored in a reservoir and pumped into the trays containing the plants and automatically drains back into the reservoir.

e. The clones are then placed under high intensity lights ranging from 150 to 400 watts. The lights are generally placed on a timer for 18 hours in a 24-hour period to allow for the plants to acquire a vegetable growth. In approximately seven to ten days the clones will begin to form roots. As the plants continue to grow, a higher intensity light is required to obtain optimum light conditions. Cultivators will use 400-watt and up to 1000-watt lights to provide the plants with enough light to grow as if they were outside. These lights use large quantities of electricity .

f. These lights are often-mounted on a mechanical track which allows the lights to slowly move across the plants providing an equal amount of light to all of the plants.

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Cultivators have been known to mount a multitude of these lights into an enclosed room. This creates tremendous amounts of heat. In some cases, additional equipment is required such as oscillating fans to circulate the air around the plants. C02 (carbon dioxide) systems are installed to create optimum growth conditions for the plants. The C02 systems allow for optimum plant development; and when properly installed, cultivators can achieve a significant yield increase from their plants. Ultimately, the cultivators are striving to produce colas, the flowering tops of the marijuana plants where the tetrahydrocannabinol ("THC") is mostly concentrated.

g. In approximately ten weeks the cultivator will program the lights to be on 12 hours a day, allowing for Ii hours of darkness. The plants are once again tricked into sensing a seasonal change and they will spend 70 percent of their energy into producing colas for the reproduction. Since the plants are never being exposed to male plants, they will not be pollinated and will not produce seeds (hence the term sinsemilla which means "wi~out seeds"). The flowering tops of the marijuana plants are known to cultivators as "buds" and are extremely potent in their THC content. The cultivation of indoor marijuana is a very unique process in that it allows for the cultivator to operate on an ongoing basis that yields a very high quality product.

Other Training and Experience Regarding Drug Traffickers

15. I have had experience, training, and communications with law enforcement personnel who specialize in the area ofdocumentation and detection ofproceeds from drug trafficking. I also have experience assisting in debriefing defendants and informants as witnesses who have personal knowledge ofdrug trafficking organizations. Such individuals often have knowledge regarding the methods of transportation and distribution ofthe drugs and money in large-scale controlled substance distribution operations.

16. Based on my training and experience and conversations with law enforcement officers, I know the following:

a. That drug traffickers use various locations to serve different functions so that customers, thieves, and law enforcement personnel do not learn about anyone location where large quantities of narcotics, money, and/or other drug-related assets are stored. Therefore, one or more locations are often used to store lesser amounts of narcotics, money, and/or drug related assets, and additional locations are used to meet customers;

b. That persons involved in large-scale drug trafficking conceal, in various locations, caches of drugs, drug paraphernalia, jewelry, automobiles, automobile titles, deeds to property, and other items ofvalue and/or proceeds ofdrug transactions and evidence offmancial transactions relating to obtaining, transferring, secreting, or spending large sums ofmoney acquired from engaging in narcotics trafficking activities;

c. That drug traffickers have maintained at their locations, including the residences where they live, money, ledgers, harcotic supplier lists, correspondence, notations,

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logs, receipts, journals, books, records and other documents noting the price, quantity, and/or times when narcotics were obtained, transferred, sold, distributed, and/or concealed; that drug traffickers also maintain drug paraphernalia such as cutting materials, weighing devices, miscellaneous containers, and measuring devices which are used to facilitate the distribution of narcotics;

d. That when drug traffickers amass large quantities ofcash from the sale of drugs, they often attempt to legitimize these profits through the use of banks and financial institutions and their attendant services that include accounts, securities, travelers checks, cashier's checks, money orders, wire transfers, stock certificates, bonds, certificates ofdeposit, and safety deposit boxes;

e. That drug traffickers often place assets in names ofrelatives and close friends in order to avoid detection of those assets by law enforcement agencies; and that even though these assets are in other persons' names, the drug dealers retain records, documents, and deeds reflecting the purchase of those assets while continuing to use those assets and exercise dominion and control over them;

f. That it is common practice for large-scale narcotic traffickers to travel to their purchase and distribution areas to facilitate their trafficking; that after purchasing drugs, narcotic traffickers will transport or cause to be transported narcotics to areas in which they will distribute the drugs; and that methods of transportation include commercial airlines, private airplanes, trains, vessels, rental and private automobiles, and government and contract mail carners;

g. That drug dealers use telephones, portable cellular telephones, pagers and other communication devices and maintain telephone and address books, telephone bills and other books and papers which reflect names, addresses, and/or telephone numbers of their associates in the narcotic trafficking organization and customers ofnarcotics;

h. That drug traffickers take or cause to be taken photographs of themselves, their associates, their property and their product; and that these traffickers usually maintain these photographs at their premises;

i. That drug dealers commonly have in their possessions, that is on their persons, at their residence and/or at their stash houses, firearms, including handguns, pistols, revolvers, rifles, shotguns, machine guns and other weapons, that are used to protect and secure the drug trafficker's property, including narcotics, narcotic paraphernalia, currency, jewelry, and records.

Training and Experience on Digital Devices

17. As used below, the term "digital device" includes any electronic system or device capable of storing and/or processing data in digital form, including: central processing units; laptop or notebook computers; personal digital assistants; wireless communication devices such as telephone paging devices, beepers, and mobile telephones; peripheral input/output devices such as keyboards, printers, scanners, plotters, monitors, and drives intended for removable

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media; related communications devices such as modems, cables, and connections; storage media such as hard disk drives, floppy disks, compact disks, magnetic tapes used to store digital data (excluding analog tapes such as VHS), and memory chips; and security devices. Based on my knowledge, training, and experience, as well as information related to me by agents and others involved in the forensic examination of digital devices, I know that data in digital form can be stored on a variety of digital devices and that during the search of the premises it is not always possible to search digital devices for digital data for a number of reasons, including the following:

a. Searching digital devices can be a highly technical process that requires specific expertise and specialized equipment. There are so many types ofdigital devices and software in use today that it is impossible to bring to the search site all of the necessary technical manuals and specialized equipment necessary to conduct a thorough search. In addition, it may also be necessary to consult with specially trained personnel who have specific expertise in the type of digital device, software application or operating system that is being searched.

b. Digital data is particularly vulnerable to inadvertent or intentional modification or destruction. Searching digital devices can require the use of precise, scientii,ic procedures that are designed to maintain the integrity of digital data and to recover "hidden," erased, compressed, encrypted or password-protected data. As a result, a controlled environment, such as a law enforcement laboratory or similar facility, is essential to conducting a complete and accurate analysis ofdata stored on digital devices.

c. The volume ofdata stored on many digital devices will typically be so large that it will be highly impractical to search for data during the execution of the physical search of the premises. A single megabyte of storage space is the equivalent of 500 double-spaced pages of text. A single gigabyte of storage space, or 1,000 megabytes, is the equivalent of 500,000 double-spaced pages of text. Storage devices capable of storing 500 gigabytes (GB) ofdata are now commonplace in desktop computers. Consequently, each non-networked, desktop computer found during a search can easily contain the equivalent of240 million pages ofdata, that, ifprinted out, would completely fill three 35' x 35' x 10' rooms to the ceiling. Further, a 500 GB drive could contain as many as approximately 450 full run movies or 450,000 songs.

d. Electronic files or remnants of such files can be recovered months or even years after they have been downloaded onto a hard drive, deleted or viewed via the Internet. Electronic files saved to a hard drive can be stored for years with little or no cost. Even when such files have been deleted, they can be recovered months or years later using readily-available forensics tools. Normally, when a person deletes a file on a computer, the data contained in the file does not actually disappear; rather, that data remains on the hard drive until it is overwritten by new data. Therefore, deleted files, or remnants of deleted files, may reside in free space or slack space, i.e., space on the hard drive that is not allocated to an active file or that is unused after a file has been allocated to a set block of storage space for long periods of time before they are overwritten. In addition, a computer's, operating system may also keep a record ofdeleted data in a swap or recovery file. Similarly, files that have been viewed via the Internet are

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automatically downloaded into a temporary Internet directory or cache. The browser typically maintains a fixed amount ofhard drive space devoted to these files, and the files are only overwritten as they are replaced with more recently viewed Internet pages. Thus, the ability to retrieve residue of an electronic file from a hard drive depends less on when the file was downloaded or viewed than on a particular user's operating system, storage capacity, and computer habits. Recovery of residue ofelectronic files from a hard drive requires specialized tools and a controlled laboratory environment.

e. Although some of the records called for by this warrant might be found in the form of user-generated documents (such as word processor, picture, and movie files), digital devices can contain other forms ofelectronic evidence as well. In particular, records ofhow a digital device has been used, what it has been used for, who has used it, and who has been responsible for creating or maintaining records, documents, programs, applications and materials contained on the digital devices are, as described further in the attachments, called for by this warrant. Those records will not always be found in digital data that is neatly segregable from the hard drive image as a whole. Digital data on the hard drive not currently associated with any file can provide evidence of a file that was once on the hard drive but has since been deleted or edited, or of a deleted portion of a file (such as a paragraph that has been deleted from a word processing file). Virtual memory paging systems can leave digital data on the hard drive that show what tasks and processes on the computer were recently used. Web browsers, e-mail programs, and chat programs store configuration data on the hard drive that can reveal information such as online nicknames and passwords. Operating systems can record additional data, such as the attachment ofperipherals, the attachment of USB flash storage devices, and the times the computer was in use. Computer file systems can record data about the dates files were created and the sequence in which they were created. . This data can be evidence of a crime, indicate the identity of the user of the digital device, or point toward the existence ofevidence in other locations. Recovery of this data requires specialized tools and a controlled laboratory environment.

f. Further, evidence of how a digital device has been used, what it has been used for, and who has used it, may be the absence of particular data on a digital device. For example, to rebut a claim that the owner of a digital device was not responsible for a particular use because the device was being controlled remotely by malicious software, it may be necessary to show that malicious software that allows someone else to control the digital device remotely is not present on the digital de~ice. Evidence of the absence of particular data on a digital device is not segregable from the digital device. Analysis of the digital device as a whole to demo~trate the absence ofparticular data requires specialized tools and a controlled laboratory environment.

g. The United States has not attempted to obtain this data by other means. III III 11/

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PREMISES TO BE SEARCHED

18. The premises to be searched is describes as follows, also set forth in Attachment A hereto, includes all rooms, attics, basements, and other parts therein, the surrounding grounds, any garages, storage rooms, out buildings, and trash containers associated with this location, and all vehicles, specifically connected to occupants or permanent residents of the location and parked directly on/or nearby to the above identified locations, be.included in this warrant:

a. Liberty Bell Temple II, 5642 Hollywood Boulevard Hollywood, California 90028 is contained within a one story commercial structure painted white, red, green and yellow. This building is located on the southside of Hollywood Boulevard in between Wilton Place (to the west) and North Saint Andrew Place (to the east). To the east of this building is a black, metal security gate, with a door embedded within the gate, blocking the entrance to an alleyway. To the west of this building is a Chinese restaurant identified as Chuan Chim. The words "LIBERTY BELL TEMPLE II" is painted in red, yellow, and green blocks above the main entrance. Directly above the "LIBERTY BELL TEMPLE II" words, is a yellow, green and black sign with the words "Prop 215", "S.BA20", and "Jah Rastafari". The main entrance of this building consists oftwo doors, both labeled 5642. The door to the west is painted yellow and the door to the east is painted white. In between the two doors is a pillar with the painted numbers "5642". The front of this building consists ofseveral windows made out ofmirror-reflected glass. Two of the windows have gold six-pointed stars painted on them with a male face painted within it in red, yellow and green. The words "LIBERTY BELL TEMPLE" and "LIBERTY BELL LOUNGE" are written above the faces.

b. 711 East Gage Avenue Los Angeles, California 90001 is contained within a one story commercial structure containing addresses 711 - 717 East Gage Avenue. This building is located on the north side ofEast Gage Avenue in between McKinley Avenue (to the east) and Stanford Avenue (to the west). This building has a brown and white brick facade with a white sign above the main entrance reading "JJ Trim. Inc 711-717". Directly left of the "JJ Trim" sign is a white "For Sale" sign attached to the front of this building. A white, metal mailbox is attached to the facade of this building just left of the main entrance to 711 East Gage Avenue. The mail box has the words "TEMPLE" written across the top, the numbers "711" written in the center, and the words "Guillermo Studios" written across the bottom. The main entrance of this building consists of two green, metal security doors and green, metal security windows above the doors. The doors and windows are covered, which allowed no visible access inside.

c. 1731 North Gower Street, Los Angeles, California 90028 is a single family residence located on the west side ofNorth Gower Street between Carlos Avenue (to the north) and Hollywood Boulevard (to the south). The exterior is comprised ofbrown siding with dark brown trim around the windows. The black' numbers"1731" on white backing are located

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on the mail box attached to the residence to the left of the front door. The roofis comprised of black shingles. The front door faces north.

ITEMS TO BE SEIZED

19. At each of the Subject Premises I am requesting authorization to search for evidence, fruits, and instrumentalities of violations of Title 21, United States Code, Sections 841 (a), 846, and 856( a)(l) (possession with intent to distribute and distribution of a controlled substance, namely, marijuana, a Schedule I controlled substance; conspiracy to distribute a controlled substance, namely, marijuana; and maintaining drug-involved premises), by Liberty Bell Temple II, Forchion, and any owner(s) and/or employee(s) of those entities, as further described below and in Attachment B hereto:

a. Controlled substances, including marijuana, derivatives thereof, and edible products containing marijuana;

b. Controlled substances paraphernalia, including but not limited to, equipment used for the cultivation ofmarijuana (including, but not limited to, rockwool, also known as Grodan (a fibrous material used as a growing medium and substituted for soil), high intensity lights, nutrients, fertilizers, various types of fans, tables, and trays that are specifically designed to facilitate the irrigation of plants, C02 emichment systems, electrical timers, and other items that allow for optimum growing conditions), packaging materials and/or equipment, scales, and other instrumentalities ofnarcotics activities;

c. United States currency in amounts of $2,000 or more; d. High value assets, including but not limited to vehicles, boats, trailers,

jewelry, electronic equipment, stocks, bonds, or any other security; e. Receipts, notes, ledgers, tally sheets, and other papers relating to the

cultivation, transportation, ordering, purchasing, and/or distribution ofcontrolled substances or reflecting the proceeds of those activities;

f. Records, invoices, receipts, records of real estate transactions, bank statements and related bank records including check registers and all offsets such as deposit and withdrawal items, passports, money drafts, money orders, bank drafts, wire transfers, cashiers' checks, safe deposit box keys, all loan documents including applications with attachments, contracts, UCC filings, amortizations, disbursements, and evidence ofrepayments, insurance policies including applications and evidence of premium payments and annuity payments to owner ofpolicy and/or beneficiary, and other items which demonstrate the obtaining, secreting, transfer, and/or concealment of narcotics proceeds and any assets derived from narcotics proceeds;

g. Photographs, including still photos, negatives, video tapes, films, undeveloped film, and the contents therein, depicting controlled substances or any entities or individuals involved in the cultivation, transportation, ordering, purchasing, and/or distribution ofcontrolled substances;

h. Address and/or telephone books,.telephones, pagers, answering machines,

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customer lists, and any papers reflecting names, addresses, telephone numbers, pager numbers, fax numbers and/or telex numbers of source(s) of supply or customer(s) of controlled substances;

i. Indicia of occupancy, rental, and/or ownership ofthe Premises to be Searched, including, but not limited to, utility and telephone bills, cancelled envelopes, rental, purchase, or lease agreements, and keys;

j. Documents and/or notes which purport to be recommendations and/or prescriptions for the use of marijuana;

k. Records, documents, programs, applications, or materials evidencing the cultivation, possession with intent to distribute, or distribution of marijuana; and

L All retained copies of federal and state income tax returns and attachments, all retained copies of California Board of Equalization sales tax returns and applications, all copies of federal, state, county or municipal licenses and/or permits required by law to conduct business including applications for same, copies of any personal or business liability insurance policies including applications and premium payment records, copies of IRS Form 8300 Report of Cash Payments Over $10,000 Received in a Trade or Business,

m. Computers, thumb drives, external hard drives, cds, dvds, memory cards, or any other data storage devices containing any of the foregoing items to be seized.

n. With respect to any digital devices containing evidence falling within the scope ofthe foregoing search categories, records, documents, programs, applications or materials, or evidence of the absence of same, sufficient to show the actual user(s) ofthe digital device during the time period between March 1, 2011 and the present.

20. As used above in paragraph 17, the terms records, documents, programs, applications or materials include records, documents, programs, applications or materials created, modified or stored in any form, including in digital form on any digital device and any forensic copies thereof. As used both above and below, the term "digital device" includes any electronic system or device capable of storing and/or processing data in digital form, including: central processing units; laptop or notebook computers; personal digital assistants; wireless communication devices such as telephone paging devices, beepers, and mobile telephones; peripheral input/output devices such as keyboards, printers, scanners, plotters, monitors, and drives intended for removable media; related communications devices such as modems, cables, and connections; storage media such as hard disk drives, floppy disks, compact disks, magnetic tapes used to store digital data (excluding analog tapes such as VHS), and memory chips; and security devices.

21. In searching digital data stored on digital devices, law enforcement personnel executing this search warrant will employ the following procedure:

a. Law enforcement personnel or other individuals assisting law enforcement personnel will, in their discretion, either search the digital device(s) on~site or seize and transport

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the device(s) to an appropriate law enforcement laboratory or similar facility to be searched at that location. The team of law enforcement personnel, which may include the investigating agent(s), and/or individuals assisting law enforcement personnel searching the digital device(s) shall complete the search as soon as is practicable but not to exceed 60 days from the date of the execution of the warrant. If additional time is needed, the government may seek an extension of this time period from the Court within the original 60 day period from the date of execution of the warrant.

b. The team searching the digital devices will do so only by using search protocols specifically chosen to identify only the specific items to be seized under this warrant.

i. The team may subject all of the data contained in the digital device capable ofcontaining items to be seized as specified in this warrant to the protocols to determine whether the digital device and any data falls within the items to be seized as set forth herein. The team searching the digital device may also search for and attempt to recover "deleted," "hidden" or encrypted data to determine, pursuant to the protocols, whether the data falls within the list of items to be seized as set forth herein.

ii. The team searching the digital device also may use tools to exclude normal operating system files and standard third-party software that do not need to be searched.

c. When searching a digital device pursuant to the specific protocols selected, the team searching the digital device shall make and retain notes regarding how the search was conducted pursuant to the selected protocols.

d. If the team searching a digital device pursuant to the selected protocols encounters immediately apparent contraband or other evidence of a crime outside the scope of the items to be seized, the team shall immediately discontinue its search of that digital device pending further order of Court and shall make and retain notes detailing how the contraband or other evidence ofa crime was encountered, including how it was immediately apparent contraband or evidence of a crime.

e. If the search determines that a digital device does not contain any data falling within the list of items to be seized pursuant to this warrant, the government will as soon as practicable return the device and delete or destroy all the forensic copies thereof.

f. If the search determines that the digital device does contain data falling within the list of the items to be seized pursuant to this warrant, the government will either (i) within the time period authorized by the Court for completing the search, return to the Court for an order authorizing retention of the digital device; or (ii) retain only a copy of the data found to fall within the list of the items to be seized pursuant to this warrant and return the digital device and delete or destroy all the forensic copies thereof.

22. In order to search for data that is capable of being read or interpreted by a digital device, law enforcement personnel are authorized to seize the following items, subject to the procedures set forth above:

a. Any digital device capable of being used to commit, further or store evidence of the offense listed above; .

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