command authorization for search

DEPARTMENt OF lHE NA VV
COMMAND AUTHORIZATION FOR SEARCH AND SEIZURE
U~TITD
ST Al'ES 0 F' AMERICA
vs.
Sgt Rigo Joseph BETANCOURT. USMC.
To: Rspmentatives of the Criminallnvgtigatiop DiviJiun CCID), MCB CamP Pen.dletop. CA
Afidavit(s) having been made before me by
Agenl Lisa BRA~'\'DT, CID, MCB Camp Pendleton, CA, on 01Mayl4
th~ is reasoo to believe 'that on the pe1son of and/or on
u--4& w ~ _,.., .,~ l!w ,._.,_ w1t pw~~tw/ hi dffrtUJ
That
the premises known as:
Ddenss Section, Legal Service Suppor1 Section, 2D 4 Deck of Building #22163, MCB Camp Pendlfton, CA,
and/or in the possession of JstLtStepbanie LACOBUCCI or JstLt Thomas FRICTO~.
which ·~ under my jurisdiction,
,,....
There is now being concealed certain property, namely:
~~~
Sg1 BF.li.TANCOURT'I pcuooalrclluler telcpboue..
I am satisfied lbat there is probable cause to believe 'that the property so described is being concealed on
the person and/or premises above described and lhal groW\cls for application for issuance of a command
authorized sean:h exist as WS1ed in supporting affida~i\(s).
YOU ARE HEREBY AUTHORIZED TO SEARCH the ~nand/or plaoe named for the property
specifted &ad if~ pto~ is round to seiz.e it, }eal-ins a copyofthis aurhoriz..'lt~<m aDd receipt for me
property taken. You will provide a signed receipt to this command, containing a full description of e~ery
item sei.ud.
A.J.ty ~desired in conducting this search will be furniShed by the command
fWJ
__""'.. _/__ 20 I '-{_
Dated thi"-s_..,i....__da)' of_ _ _
APPELLATE EXHIBIT
PAGE
I0
XL
OFJ.!
DEPARTMENT OF THE NAVY
AFFIDAVIT FOR SEARCH AUTHORIZATION
UNITED STATES OF AMERICA
vs.
Sgt Rigo Joseph BETANCOURT, USMC.
Before: Col Tracy W. KING, Commanding Officer. Combat Logistics Regiment-15, 1st Marine
Logistics Group and 22 Area Commander. MCB Camp Pendleton. CA.
The undersigned, being duly sworn, requests authority to search:
1. The Defense Section, Legal Service Support Section located on the second floor of Building
#22163, MCB CPC, and/or the possession of defense trial counsels identified as 1stlt
Stephanie LACOBUCCI or 1stlt Thomas FRICTON.
2. The personal Android cellular telephone belonging to Sgt Rigo J. BETANCOURT
Believing that there is now being concealed certain property, namely:
1. Sgt Rigo J. BETANCOURT's personal cellular telephone.
2. Electronic media, communications, and data files pertaining to the kidnapping, assault, and
sexual assault of M
R
; defrauding the U.S. Marine Corps; sale and use of illegal
drugs; affiliation with an Outlaw Motorcycle Gang; and possessing a swastika tattoo on his
abdomen .
The request for authorization to search and seize is made in connection with an
investigation into the offense(s) of: Article 92, UCMJ- Failure to obey order or regulation,
Article 120- Sexual Assault, Article 128- Assault, Article 132- Frauds against the United
States, and Article 134- Kidnapping.
The facts and circumstances known to me tending to establish the foregoing grounds for
authorization to search and seize, including comments demonstrating the reliability of the
AFFIDAVIT.
information and/or informant, are as follows: SEE A
CHED syv
Camp Pendleton, CA) (Affiant)
I
Sworn to before me, and subscribed in my presence, this
~,-
d
2014
ignature of Person Ad'e;;reri~(_
COLONEL, COM
DING OFFICER, CLR-15, 1S MLG, AND 22 AREA
COMMANDER,
MP PENDLETON, CA
OPNAV 5527/10 (12-82) Computer Generated
SIN 0107-LF-055-2750
CCN: 01APR14-25PE-01 055-?KMA
ENCLOSURE (J-)
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH Al.JTHORIZATION
UNITED STATES OF AMERICA
SGT(b) (7)(C)
I, (b) (7)(C)
VS
a Criminal Investigator assigned to
the Criminal Investigation Division {CID), MCB Camp
Pendleton, CA, herin after referred to as •Affiant-, being
dually sworn have been assigned to this position since May
2013.
Collectively, I have 1 year a."'ld 3 months of law
enforcement experience and during that time I have
conducted, or participated in, investigations of crimes
including , but not limited to, Sexual Assaults, Assaults,
Narcotics, Prohibited Activities, and Larceny.
This Affiant has numerous hours of training in
interViews and interrogations, electronic forensics
training, and mobile device triage training.
This Affiant,
has attended and successfully completed .the Criminal
Investigation Division Special Agent Course, Fort
Leonardwood, MO; Mobile Triage Training, Fort Leonardwood,
MO; Cellphone Exploitation and Analysis Training and
Forensic Media Exploitation Training; National Forensic
Science Technology Center, Largo, FL.
Along with training,
this Affiant has investigated multiple crimes aboard Camp
Pendleton , CA, where electronic data extractions were
completed.
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
As a Criminal Invescigator for the Criminal
Investigation Division, this Affiant is authorized to
investigate crimes committed by ' U.S. service members on or
off the military installation.
Specifically, this Affiant
is authorized to investigate violations of Article 92
(Failure to Obey Order or Regulation - Prohibited
Activities), Article 120 (Sexual Assault ), Article 128
(Assault}, Article 132 (Frauds against the united States),
and Article 134 (Kidnapping) of the Uniform Code of
Military Justice.
As
a Criminal Investigator, this Affiant has
previously assisted in electronics related investigations
that included the search of electronic devices.
Affiant has
cow~leted
electronic devices.
This
the proper training in the seizure of
During the course of several
investigations where electronic devices such as cellular
telephones were utilized. this Affiant was successful in
the seizure of those devices and successfully extracting
the data from within.
FACTS AND CIRCUMSTANCES
The facts and circu.-nstances provided in this affida.vi t
in support of a command authorized search are limited 'to
the scope and nature of the request.
Other investigative
endeavors completed not relevant to the nature of the
Page 2 of 12
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AlJTHORIZATlON
request have been omitted due to the irrelevancy in regards
to the search of Sgt
cellular telephone.
(b) (7)(C)
On 27Janl4, an investigation was initiated by this
office into Sgt
(b) (?)(C)
suspected use of cocaine after
a command urinalysis revealed the presence of cocaine in
Sgt
(b) (7)(C)
urine.
On 01Aprl4, two additional and separate investigations
were initiated by this office after the San Diego County
Sheriff · s Departmer.t (SDCSD) a."ld the San Diego District
Attorney ' s Office (SDDAO) declined investigative and
prosecutorial jurisdiction over allegations made on
12Mar14
I
by Ms.
Ci v, that Sgt (b) (?)(C)
(b) (7)(C)
committed the following
off~"lses:
1) kidnapped, assaulted,
a."ld sexually assaulted her on 12Marl4; 2) intentionally
withheld his divorce status to wrongfully obtain Basic
Allowance for Housing (BAH) from the
u.s. Marine Corps for
approximately one yeari 3) sold and used illegal drugs
(cocaine and methamphetamine); 4) was a member of an Outlaw
Motorcycle Gang (OMG), the Devils Diciples; 5) and
was interviewed by Agents of
the Criminal Investigation Division, MCB Camp Pendleton,
CA
(CPC), during which she provided a statement detailing her
knowledge of the aforementioned allegations.
I
I
l
possessed a swastika tattoo on his abdomen.
On 18Mar14, Ms. (b) (?)(C)
I
During her
Page 3 of 12
,_ _
--··-~y-"·-····,.---"-····
1
I
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
interviews ,
Ms. (b) (7)(C)
s/b) (7)(C)
related on 12Mar14, her and
had been texting throughout tne day about
their past relationship.
(b) (7)(C)
texted her a t approximately 1800 informing her
that he was outside her residence.
and
rela t ed Sgt
Ms . (b) (7)(C)
Sgt (b) (7)(C)
She alleged that she
drove to specific areas in California
i ncluding a gas station in Fallbrook, CA, and the Air Park
located in Carlsbad, CA.
incident, Sgt
(b) (7)(C)
She further alleged during the
strangled her; grabbed and
squeezed her vagina; threw her and pushed her against the
wall and floor; struck her multiple times; threatened her
with a baton and knife; and used duct t ape to bind her
wrists.
She added that on 14Mar14, and 17Mar14, she sought
medical treatment at the Veteran Affairs Hospital in San
Diego, CA.
Mrs . (b) (7)(C)
she had with
also provided t ext mes s age communication
Sgt (b) (?)(C)
listed screen name
.. (b) (7)(C)
(b) (7)(C)
,
who was identified
.(b) (?)(C)
•
the
and telephone number
During a previous interview with Sgt
his cellular telephone number was provided a s
listed above.
During Sgt (b) (7)(C)
Diego Sheriff's Office on 12Mar14, Sgt
his telephone number as (b) (?)(C)
Page 4 of 12
.....'
by
ar rest by the San
(b) (?)(C)
listed
····- ·· - -·- ·-
- - -- --- - -- - - - --
- --···-- - ··· ·-------······-···
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
The text message communication provided by Mrs.
(b) (7)(C)
discuss the reported assault and kidnapping and
depicts both Mrs.
(b) (?)(C)
and Sgt
(b) (7)(C)
communications about the reported assault.
Ms .
(b) (7)(C)
related Sgt
(b) (?)(C)
was introduced to
the Devils Diciples and became a Devils Diciples prospect
in June 2013, and later became a full patched member in
January 2014.
(b) (?)(C)
Ms.
related she had seen Sgt
(b) (7)(C)
possessing and using cocaine and crystal
methamphetamine on numerous occasions, as well as weighing
and packaging the illegal drugs in preparation to sell them
to other members of the Devils Diciples and unknown active
duty Marines.
Ms.
(b)
(?)(C)
further related Sgt (b) (?)(C)
_had a swastika tattoo on his abdomen and subsequently
provided digital images depicting Sgt (b) (?)(C)
wearing
the Devils Diciples symbol, title, and other symbols
affiliated with the Devi ls Diciples.
Ms.
(b)
(?)(C)
provided
a digi t al image of the aforementioned s was tika tattoo on
Sgt
(b) (7)(C)
abdomen .
On 27Febl4, Mrs .
(b)(7)(C)
Civ, Criminal
Intell igence Analyst, Criminal Inves tigation Divi sion, MCB
Camp Pendleton , CA, conducted an open-source internet
search on "facebook. c om" wh erein screen shot images
depi cting Sgt (b) (?)(C)
and a unnamed Mari ne wearing
Page 5 of 12
L _ __ __
_
_
.. ... --·· -
--- ·__ ...J __ _______ ___ ___
-·····-----···-·-···-·····--- - - - - - - - - - - - - -
--------------··-~··----·····--
AFFIDAVIT IN SUPPORT OF APPLICATTON FOR SEARCH AL"THORIZATlON
clothing attire displaying various symbols associated with
the Devils Diciples. Conferral with the 2013 National
G~~g
Report, produced by the Federal Bureau of Investigation,
listed the Devils Diciples as an Outlaw Motorcycle Gang
(OMG) . Further internet research identified symbolic
numbers and acronyms used by the Devils Diciples for gang
member i dentification.
On 2 6Marl~,
MCB
MSgt
(b)
(?)(C)
USMC 1 Brig Supervisor,
Pendleton, CA, provided a scars and marks physical
Camp
assessment report pertaining to Sgt
(b)
(?)(C)
in-
processing at the Camp Pendleton Brig on l4Marl4. The scars
and marks physical assessment report depicts Sgt
(7)(C)
(b)
tattoos, unique physical marks, observed
injuries, and contained a photograph depicting a swastika
tattoo on Sgt
On
(b)
(?)(C)
left abdomen.
04Aprl4, lstLt
(b)
(?)(C)
USMC, Defense
Counsel, Legal Service Support Secti on West, MCB CPC, filed
a defense motion for appropriate relief to compel release
from pretrial confinement wherein she provided various
images text message cmnmu..··lication she obtained from Sgt
(b)
(7)(C)
cellular telephone.
The text message
conununication in the aforementioned motion is between Sgt
(b)
(7)(C)
number
and a contact listed as
(b)
(?}(C)
(b)
(7)(C)
with telephone
During this text message
Page 6 of 12
- '- -
---·---·-···--··--···-- - - - : - - - - L - - " - - - - - - - - - '
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
commu."'l.ication, Sgt (b) (7)(C)
the alleged assault.
and Mrs .
(b)
(7)(C)
discussed
The text message communication
provided by lstLt (b) (?)(C)
is only limited to portions
deemed appropriate by lstLt(b) (?)(C)
There is a high
likelihood additional text message communications are
available with evidentiary value to this investigation.
Additionally, on 14Apr14, MSgt (b) (?)(C)
USMC,
Brig Supervisor, MCB CPC, and lstLt (b) (?)(C)
USMC , Legal Officer, 3rdAABn, lstMarDiv, confirmed that
neither parties had possession of Sgt(b) (?)(C)
cellular
telephone.
On 27Aprl4 and
affiant that Sgt
of lstLt
(b) (?)(C)
3 0Apr14,
(b) (?)(C)
or lstLt
Capt
(b) (?)(C)
notified this
phone was in the possession
USMC, Defer.se
(b) (?)(C)
Counsel, Legal Service Support Section West, MCB CPC , or
located in Building #22163, MCB CPC.
and lstLt
(b)
(7)(C)
Both l stLt (b) (?)(C)
refused to turn over Sgt
(b) (?)(C)
cellular telephone without proper authorization.
TRAl:NJ:NG AND EXPERIENCE
This Affiant knows from training and experience
person(s) associated with the aforementioned criminal
activities typically store evidence of those act i vities on
digital media and storage devices.
Specifically, this
affiant knows from training and experience that person(s)
_
,
.
-
:
_
_
_
.
~
.
.
.
.
.
..._
.
____________ _________
.
--··
.
....__
;
__ __ -
.
Page 7 of 12
______
- --- ---·------ - - --
... ·-·-·- -·------ ...
..
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
associated with the use and sale of illegal drugs typically
negotiate prices, set up meetings to conduct buys, and
exchange photographs and/or videos of products.
This Affiant knows from training and experience
communication between two or more people can be done
utilizing various methods.
However, from training and
experience, this Affiant knows cellular telephones are one
of t he most commonly utilized devices for communication.
This Affiant knows from training and experience ,
utilizing cellular telephones have many options for
communications such as text messaging , instant messagi ng,
emails, and various other applications which can be
purchased or downloaded for free.
Thi s Affiant knows from training and experi ence,
individuals engaged in a personal and / or sexual
I
relationships and gang affiliated activities communicate
II
regularly via cellular telephone, exchange messages,
!i
photographs and videos.
!I
I
:
Cellular telephones have the
i
capability to store digital media such as videos,
photographs and messages within the internal hard drive of
the cel lul ar tel ephone or on a r emovable device such as a
Sim Card or other similar memory cards.
This Af fiant knows from training and experience
images , messages, photos, videos, and ema ils can be
Page 8 of 12
_ ___L _ -
-
·--
- --
- -- -
i
'
-
··------·---- --------·· - - ----
-
-------------------------------------~
. ...... ·- -·--·-··-- --- ·
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
deleted.
However, this Affiant knows from training and
experience deleted digital media can be recovered and
viewed partially or in its entirety.
This Affiant knows from training and experience that
searching some electronic devices requires experience in
the computer field and a properly controlled environment in
order to protect the integrity of the evidence and recover
even hidden, erased, compressed , password-protected or
encrypted files.
Therefore , the search may be completed
aboard MCB Camp Pendleton, CA, or may need to be sent to an
o f f-base site to ass i st in completing the search.
CONCLUSION
This investigation contains a statement from Ms.
I
(b) (7)(C)
al leging she was kidnapped and assaulted by Sgt
(b) (7)(C)
I
This investigation contains Ms. (b) (?)(C)
medical records which recorded the injuries she sustained
\
I
f rom the a lleged a s sault and treatment she rece ived from
I
the Department of Veteran's Affairs He alth Care Sys t em, San
I
Diego, CA .
\
This investigation contains a statement f rom
the Doctor who t reated Ms. (b) (?)(C)
were con sis tent wi th the as sault.
who op i ned h er in juri e s
This i n vest igation
contai ns the aforementioned defense motion that contains
d igi tal images o f text message communica t ion betwe en Sgt
(b) (7)(C)
and Ms . (b) (?)(C)
which was obtained from Sgt
Page 9 of 1 2
L___L-~-~---------
- - -- - ---- -·- ·- · ·-· -· · ·~-·-··· .. - .. ·-- - --·-- ·----- --· _ _.___; _ __l. _ __
_
_ _ __,
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
(b) (7)(C)
telephone.
This investigation also contains
text message provided by Mrs. (b) (?)(C)
with the
conversations she had with Sgt (b) (7)(C)
before and after
the alleged assault.
This investigation contains the positive urinalysis
results depicting Sgt(~(n(C)
for cocaine.
urine tested positive
This investigation contains photographs of
Sgt(b)(?)(C)
with a swastika tattoo on his abdomen and
also contains photographs of Sgt (b) (?)(C)
wearing attire
associated with the Outlaw Motorcycle Gang identified as
the Devil's Disciples.
This, based upon the above information, information
gleamed from this investigation, and from this Affiant's
tra i ning and experience, there is probable cause to believe
that Sgt (b) (?)(C)
cellular telephone is currently
located within the second floor of Building #22163, which
is identified as the Defense Section, Legal Service Support
Section, Camp Pendleton, CA, and/or in the possession of
Defense Counsel identified as 1stLt (b) (?)(C)
(b) (?)(C)
and 1stLt
There is also probabl e cause to believe there
are text messages and text mes sage conversations between
Sgt (b) (7)(C)
assault.
and Mrs. (b) (?)(C)
regarding the reported
Due to the stat ements provided by Mrs. (b) (?)(C)
and from informa tion obt a ined showing Sgt (b) (?)(C)
Page 10 of 12
_j ___ -
- --- · · - · _
_____,__
_ __
_
_
_
___j
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH AUTHORIZATION
involvement in illegal drugs, there is probable cause to
believe evidence of his use, possession, manufacture or
sale of illegal drugs is contained on his cellular
telephone.
(b) (7)(C)
There is also probable cause to believe Sgt
is affiliated with the outlaw Motorcycle
Devil ' s Disciples.
G~~g.
Due to digital images being emailed,
text messaged and taken with cellular telephones , there is
probable cause to believe Sgt
(b) (?)(C)
telephone will contain evidence of his
cellular
involv~~ent
with
illegal activities and an Outlaw Motorcycle Gang.
There is also probable cause to believe Sgt (b) (?)(C)
1 . ) kidnapped, as saul ted, and sexually as saul ted Ms.
(b) (7)(C)
2. ) intentionally defrauded the U.S. Marine
Corps; 3.) sold and used illegal drugs (cocaine and
methamphetamine); 4.) is a member of an Outlaw Motorcycle
Gang (OMG), the Devils Diciples ; and 5 .} possess a swastika
tattoo on his abdomen in di r ect violations of Articles 92,
1 20, 1 2 8 , 132 ,
~~d
Article 134 of the Uniform Code of
Military Justice.
Therefore, this Affi ant respectfully requests that a
co~~d
authorized search be granted, authorization agents
from the Criminal Investigation Division and/or forensic
examiners tasked by the Criminal Investigation Division to
search S g -:(b) (?)(C)
Page 11 of 12
personal Android type model
AFFIDAVIT IN SUPPORT OF APPLICATIO~ FOR SEARCH At:THORlZATION
cellt.:la!" :eJepio:1e .:or violations of A:-:icles 92, 120 , 128 ,
132, and 134 o: the Uniform Code of Mil.:ta:-y Jt.:s:i ce.
(b) (7)(C)
(b) (7)(C)
c r~m:nal
:~vestigato~
Criminal Investigation Division
MCB Ca~p Pendleton , CA
S•...ror:: to be:ore me, a::;.d subscribed in mv o.::-esenr:e. rh'\<:
(b) (7)(C)
:.
5
~
day o!
!>Iay _,
2014
/'COIIL'llanding O!:icer
CLR -15, lST!-ILG
Page :2 of 12