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5:17-Mj-00047-JLT Bakersfield, California 12/7/17 Case 5:17-mj-00047-JLT Document 1 Filed 12/07/17 Page 1 of 264 5:17-mj-00047-JLT 12/7/17 Bakersfield, California Case 5:17-mj-00047-JLT Document 1 Filed 12/07/17 Page 2 of 264 1 AFFIDAVIT IN SUPPORT OF COMPLAINTS AND SEARCH WARRANTS 2 I, Brian Myers, being duly sworn, declare as follows: 3 I. TRAINING AND EXPERIENCE 4 1. I am a Special Agent with the Federal Bureau of Investigation (FBI), and have been 5 since 2010. I am currently assigned to the Bakersfield Resident Agency (BRA) in Bakersfield, 6 California. As such, I am an investigator or law enforcement officer of the United States, within the 7 meaning of Title 18, United States Code, Section 2510(7), and I am empowered by law to conduct 8 investigations of, and to make arrests for, the offenses enumerated in Title 18, United States Code, 9 Section 2516. 10 2. I have attended twenty-one weeks of new agents’ training at the FBI Academy in 11 Quantico Virginia. During my training at the FBI Academy, I received instruction entitled Enterprise 12 Drug Investigations, which provided training regarding United States narcotics law, drug 13 identification, financial investigations, enterprise drug organizations, and the techniques which have 14 been successfully used in the past for dismantling them. I also received instruction on large and small 15 scale street gangs and the methods they utilize in furtherance of their criminal activity. Additionally, 16 I have attended specialized training in wire, oral, and electronic interceptions and the use of wire, 17 oral, and electronic interception equipment. I have successfully completed the State of California 18 Department of Justice Electronic Surveillance Course and I am certified to participate in the lawful 19 interception of wire, electronic digital pager, or electronic cellular telephone communications in the 20 State of California. 21 3. During my experience in law enforcement, I have received training and experience 22 identifying illegal drugs, and learned common trends and concealment methods of narcotics 23 traffickers, physical indicators of narcotics trafficking, and identification of human behavioral 24 indicators of narcotics traffickers. I have also conducted and participated in numerous narcotics- 25 related investigations and arrests, those investigations or arrests have involved unlawful importation, 26 transportation, possession, or distribution of controlled substances, including but not limited to 27 1 28 Case 5:17-mj-00047-JLT Document 1 Filed 12/07/17 Page 3 of 264 1 cocaine, crack cocaine, and methamphetamine, as well as investigations involving narcotics 2 conspiracies, the laundering of narcotics proceeds and monetary instruments derived from narcotics 3 activities, and the conducting of monetary transactions involving the proceeds of specified unlawful 4 activities. 5 4. In conducting these investigations, I have debriefed defendants, informants, and 6 witnesses who had personal knowledge regarding major narcotics trafficking organizations. I have 7 also participated in various aspects of these investigations, including conducting physical and 8 electronic surveillance, using informants and cooperating sources, executing search warrants, and 9 making arrests. In particular, I have participated in several large investigations that have involved the 10 court-authorized interception of wire and electronic communications of specified unlawful activities 11 and conspiracies associated with criminal narcotics. I have also assisted in investigations targeting 12 gang members who were involved in a pattern of racketeering activities. 13 5. In addition, during my employment with the FBI, I have worked with both Federal, 14 local and state law enforcement agencies to include the DEA, the ATF, HSI, the Bakersfield Police 15 Department (“BPD”), the Kern County Sheriff’s Office, and the California Highway Patrol. Working 16 with these different agencies has allowed me to learn from law enforcement officers with a wide 17 range of experience in drug law enforcement as well as units focused on violent gang activities. 18 6. For approximately four years, I have worked as the coordinator for the Kern County 19 Violent Crimes Gang Task Force (KCVCGTF). During this time, I have debriefed numerous current 20 and former gang members from Mexican Mafia related Sureno gangs, Crips criminal street gangs, 21 and outlaw motorcycle gangs. I know that gangs will often use a hierarchy to assert the direction of 22 the gang. These gangs will often use violence to establish a specific area to operate their enterprise, 23 and in that area and elsewhere, members of the gang will sell narcotics, commit robberies, burglaries, 24 shootings, and murders to fund the furtherance of the gang. I know that certain gangs have to pay for 25 the right to sell drugs in a certain area, and in some instances this is in the form of “taxes” to higher 26 ranking gang members. I have learned that Crips in Bakersfield and Kern County will conduct home 27 2 28 Case 5:17-mj-00047-JLT Document 1 Filed 12/07/17 Page 4 of 264 1 burglaries in an attempt to obtain firearms, jewelry, money, and other valuable items. 2 7. Through these investigations, my training and experience, and conversations with 3 other more experienced agents and law enforcement personnel, I have become familiar with the 4 methods used by individuals involved in criminal street gangs and in drug trafficking organizations to 5 conduct various criminal activities, including drug manufacture and distribution, money laundering, 6 and firearms offenses, among others. I have also become familiar with the methods used by such 7 individuals to avoid detection by law enforcement, including the frequent use of: multiple cellular 8 telephones, including those that are subscribed to in the names of other persons; prepaid cellular 9 telephones; counter surveillance techniques; coded and ambiguous language; multiple vehicles; 10 vehicles equipped with concealed compartments; and false identities. 11 8. Furthermore, having previously assisted in wiretap investigations, and having 12 discussed the use of wiretaps with more experienced agents, I am aware of a variety of investigative 13 techniques and resources that should be utilized during a wiretap investigation, including but not 14 limited to such techniques as surveillance, the use of confidential sources, the execution of search 15 warrants, the analysis of telephone toll records, and the analysis of wire intercept communications in 16 other Title III and California state wiretap investigations. Through my prior experiences and 17 speaking with other law enforcement officers, I have become particularly familiar with methods 18 employed by large narcotics organizations and criminal street gangs, and the sophisticated tactics that 19 they routinely use to attempt to thwart investigation of their narcotics organizations, such as the 20 frequent changing of cell phones, the use of pre-paid calling cards, counter-surveillance, elaborately 21 planned smuggling schemes tied to legitimate businesses, the use of false or fictitious identities, and 22 coded communications and conversations, including coded language related to narcotics trafficking 23 and firearms. 24 9. The FBI and the BPD are jointly investigating the case described below. I have 25 worked closely with BPD Detective Robert Pair during this investigation. Throughout this affidavit, I 26 have drawn various conclusions based on my training and experience, and my knowledge of this 27 3 28 Case 5:17-mj-00047-JLT Document 1 Filed 12/07/17 Page 5 of 264 1 investigation. Det. Pair has reviewed this affidavit and agrees with the conclusions I have drawn 2 herein. Det. Pair’s training and experience is as follows: 3 a. Det. Pair has been a police officer for the BPD for the past 15 years. He is 4 currently a detective assigned to the Robbery/Homicide Detail. He has previously been assigned to 5 5 cumulative years in the BPD Special Enforcement Unit as a gang investigator. He has also been 6 assigned as a Task Force Officer with the Federal Bureau of Investigations (FBI) as a member of the 7 Kern County Violent Crime Gang Task Force (KCVCGTF). 8 b. Det. Pair has completed over one hundred hours of formal training related to 9 gangs, including gang culture, changing trends, internal structure and crimes. He has discussed 10 criminal gang activity with current and former members of the BPD and KCSD Gang Units in order 11 to stay current and increase his level of knowledge and expertise regarding gangs and their criminal 12 activities. He regularly consults with other officers, detectives, deputies and agents of the BPD, Kern 13 County Sheriff’s Department (KCSD), Bureau of Prisons (BOP), FBI and Drug Enforcement 14 Administration (DEA) with respect to criminal street gangs and their methods of operation as it 15 relates to the crimes of violence. 16 c. Det. Pair has testified in the Kern County Superior Court as a qualified expert 17 on gangs at least ten times. He has presented gang training as an instructor to the California Juvenile 18 Officers Association, regarding current gang trends. He routinely presents informational lectures to 19 Bakersfield community members regarding gang trends in Kern County. 20 d. Det. Pair has been involved either as the case agent or in a supporting role in 21 more than 50 investigations involving homicide, weapons violations, and criminal street gang-related 22 offenses. He has patrolled the territories within the City of Bakersfield and County of Kern that are 23 known gang strongholds claimed by various criminal street gangs (“gangs”), and has conducted 24 surveillance of criminal street gang members (“gang members”). He has personally contacted more 25 than one hundred gang members under casual, confrontational and investigative circumstances. He 26 has had in excess of one hundred conversations with both active and former gang members regarding 27 4 28 Case 5:17-mj-00047-JLT Document 1 Filed 12/07/17 Page 6 of 264 1 how these gangs operate, the changing gang trends and cultures and gang-related criminal activities.
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