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_________________________________________________________________

IN THE FOURTH DISTRICT COURT - ALL DEPARTMENT

IN AND FOR JUAB COUNTY, STATE OF UTAH

_________________________________________________

AFFIDAVIT FOR SEARCH WARRANT

STATE OF UTAH )
:ss
County of Juab )

The undersigned affiant, Detective TYLER A JOHNSON of Sanpete/Juab Major


Crimes TF, upon an oath or written affidavit subscribed under criminal penalty,
declares:

That your affiant has reason to believe:

THAT

On the premises known as Verizon Wireless, and Tracfone, further described


as CELLCO PARTNERSHIP, LLP DBA VERIZON WIRELESS, 180 Washington
Valley Rd, Bedminster, NJ 7921 Court order compliance team, and Tracfone Court
order compliance office;

In the City of N/A, County of Juab, State of Utah, there is now certain property or
evidence described as:

Any and all of the following requested information for phone numbers
(435)660-1419, (435)610-6049, (435)841-7657. From 11/01/2017 to
01/18/2018.

1. All customer/subscriber information, including any listed addresses,


telephone numbers, social security numbers, dates of birth, names, addresses,
any other customer identifying information, mobile handset or device
identifiers/serial numbers (MEID, ESN, IMSI, IMEI), activation date and
deactivation date, and location device was purchased if applicable.

2.Device Purchase Information. This is specifically to include the Date, Time


and Location of where the device or any pre-paid refill cards were purchased.

3. Any email addresses associated with the account. This is to specifically

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include Google Gmail addresses associated with any Android device
associated
with this device or any email associated with an iPhone and/or iTunes
account associated with this device that is currently on file and stored in the
normal course of business of CELLCO PARTNERSHIP, LLP DBA VERIZON
WIRELESS.

4. Call detail records, including detailed information in reference to all known


outgoing and incoming calls associated with the account, dates and times
calls were made, and duration of all calls made or received. This is to include
any other pertinent call detail records including special features codes, or
any other codes that are maintained in the normal course of business for
CELLCO PARTNERSHIP, LLP DBA VERIZON WIRELESS, of any CELLCO
PARTNERSHIP, LLP DBA VERIZON WIRELESS cellular numbers identified in
the course of the investigation. In addition to voice calls, this would also include
any detail records showing text messages, MMS messages, or data activity.
In the event the requested Call Detail Records contain other CELLCO
PARTNERSHIP, LLP DBA VERIZON WIRELESS customer numbers, identified
as either incoming or outgoing calls, CELLCO PARTNERSHIP, LLP DBA
VERIZON WIRELESS will provide subscriber information to the specific
numbers identified, if requested.

5. Cell site information, to include all known cell towers associated with
outgoing
and incoming calls (Call Detail Records). This information is to include any
sector information, if known, cell site location, and any other related material
that would be necessary to identify the location and sector in reference to the
cell site information associated with the call detail records. In the event text
messages, MMS messages, and Data activity are also available with cell site
information, this information would be included in this request.

6. Cell Site locations for all CELLCO PARTNERSHIP, LLP DBA VERIZON
WIRELESS Cell Sites, sector information, including Azimuth headings, in the
regional market associated with the requested cell site information.

7. Location information, to include any estimated or known Longitude and


Latitude of the cellular device’s current location, or approximate location,
information received by cell tower(s) in reference to direction and distance
from the tower a device may be located (timing and triangulation information).
Radio Frequency signal strengths, direction, and transmission information. The
geographical constraints of location information will be limited to the United
States.
Location information can be in the form of historical records. Specific to
CELLCO PARTNERSHIP, LLP DBA VERIZON WIRELESS, this would include
any reports of device activity that would include the approximate latitude and

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longitude of the device at the time of the activity, direction and distance from
the tower, and other location related information commonly referred to as an
RTT, EVDO, ALULTE, and Levdort report.This further includes any other report
similar in nature.

8. All text message and/or MMS messages currently stored in the normal
course of business for CELLCO PARTNERSHIP, LLP DBA VERIZON
WIRELESS, to include any cloud services which allow for the long term storage
of both voicemails and SMS/MMS messages.

11. Non Disclosure- Due to the sensitivity of this on-going criminal investigation,
the notification to the listed subscribers by CELLCO PARTNERSHIP, LLP
DBA VERIZON WIRELESS or Tracfone that these records have been released
to a law enforcement agency could compromise this investigation as well as the
safety
of law enforcement officers participating in the investigation. Furthermore
notification of the customer/subscriber may lead to further property damage
stemming from sabotage or similar criminal activity, and Based on these facts,
it is further ordered that the customer/subscriber is not to be notified of the
release
of this information, as it could jeopardize an on-going criminal investigation.

and that said property or evidence:

Was unlawfully acquired or is unlawfully possessed;

has been used or is possessed for the purpose of being used to commit or
conceal the commission of an offense; or

is evidence of illegal conduct.

Affiant believes the property and evidence described above is evidence of the crime
or crimes of Obstruction of Justice
Desecration of a dead human body
Homicide..

The facts to establish the grounds for issuance of a Search Warrant are:

I Detective Tyler Johnson have attended the Utah Peace Officer Standards and
Training Law enforcement officer and Corrections Officer Academy. I have a
Bachelor's Degree in criminal justice with a specialty in forensic investigation. I
worked in Sanpete county Jail from October 2009 to August 2011. I have worked
in the patrol division since August 2011. I was assigned as a Detective to the
Sanpete/juab Major Crimes Taskforce in December 2015. During which time I
have received training and experience in investigating multiple types of crimes.
Those crimes include homicide, domestic violence, assault, rape, child abuse,

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theft, DUI, possession and distribution of controlled substances, possession
of Illegal Weapons, possession of stolen property, fraud, and traffic related
crimes. I also have training and experience in obtaining and using social media,
cell phone's, and phone records during investigations. I have attend the ZETX
cellphone investigations 40 hour basic Course and 40 hour Subject Matter Expert
course.

1. On 01/02/2018 Riley Powell DOB 04/28/1999 and Brelynne Otteson DOB


01/27/2000 were reported missing.

2. It was reported that they were last heard from on 12/30/2017 traveling home to
Eureka. No contact has been made with either party as of 01/18/18.

3. The two parties were reported to be driving a Dark Blue 1999 Jeep Cherokee
Sport.

4. On 01/11/2018 the jeep was located in the Cherry Creek area. It had two flat
tires on the passenger side and a camouflage tie down strap stuck in the drivers
side rear leaf spring.

5. Upon further inspection the rear passenger tire had a puncture in the side
wall that appeared to be straight in with a smaller flat shaped object. The front
passenger tire had two punctures identical to the rear tire. There was no tear in
the side wall that would indicate that the tires where moving when punctured.

6. Both parties have been listed as missing on the National Crime Information
Center data base. As of 01/18/18 no hits have been made.

7. An extensive search was conducted in Tooele and Juab counties for the
subjects. The search included ground and aviation assets. The search has been
unsuccessful as of 01/18/18.

8. It was reported to investigators that a witness had seen a truck described as


a blue two wheel drive Chevy with a Chevy emblem decal on the left side of the
tailgate that frequents the property that Mistie Carlson and Lee shepherd live on.
she saw the truck puling a Jeep described as "the one Riley is always driving"
on the 01/02/2018 south bound from Tooele county Lofgreen area. investigators
learned that the description of the truck matched that of a truck drive by Lee
Shepard . Lee is the boyfriend of Mistie Carlson who is Riley's Mother. The
reporting party is a close neighbor to Mistie and Lee who live on the above
listed property with Linda Powell (Riley's Grandma), and William "Clubby" Larson
(Linda's Boy Friend).

9. On 01/15/2018 Tooele county and Sanpete Juab Major crimes Task Force
detectives went to Mistie and Lee's residence. The driveway to the residence is

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at approximately Latitude 40.019380° Longitude -112.279809° on the west side
of HWY 36 near Lofgreen Utah to ask the four to come talk with investigators at
the Tooele Coutny Sheriff's Office.

10. I observed a tie down strap that was identical in camouflage pattern to the
one stuck in the jeep leaf spring in the bed of the truck matching the description
of the truck that was described by the witness as pulling Riley's Jeep. the truck
had a Utah plate of Y863T

11. I also observed a similar truck with Utah plate F382BF in the same dirt drive
way. however no decal was observed.

12. Mistie, Linda, and Clubby came willingly to the sheriff's office. Lee refused to
come and stayed at the property.

13. I observed Lee entering an enclosed camp trailer to the north of the modular
home above described.

14. During the interviews Clubby was asked if Lee and Mistie were at his house
on New Years Eve. He stated that they were not and that they had previous plans.
he was not sure where they were.

15. In Mistie's interview she claimed that she was at Linda's and Clubby's all night
New Years Eve.

16. Prior to the interviews Investigator spoke to a Gus Atherley who was at the
party according to himself and "Clubby" . Mistie was asked who was at the party
and failed to mention Gus.

17. Based on the above facts it is suspected that the blue Chevy truck described
above was used to transport, conceal, hide, and plant the victims vehicle in cherry
creek at the location it was discovered, to give the illusion that the victims where
indeed stranded.

18. While serving search warrant 1775591 on Mistie’s phone I recovered Riley’s
phone number 435-610-6049, Brelynne’s phone Number (435)660-1419, and
Mistie’s phone number 435-841-7657 . I have verified that these numbers
and the requested records are maintained and are in the custody of CELLCO
PARTNERSHIP, LLP DBA VERIZON WIRELESS, a private business entity that
is not a party to the offense. Verizon also informed me that Rileys number is a
Tracfone number. They stated that Verizon would have the records but Tracfone
keeps the subscriber information.

19. In my training and experience it is common for people to use their cell phones
in the planning, committing, and covering up of criminal activity.

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20. On 01/16/2018 while serving search warrant 1775411 at the residence in
Lofgreen William Larson told us that Linda, Mistie, and Lee left and were sposed
to be in Wendover for two days. We had the Rocky Mountain Rescue cadaver
dog’s help search the residence. According to their report the dogs showed a lot
of interest in the lee’s truck that was seen towing Riley’s jeep but were unable to
pinpoint where the odor was coming from. We then impounded Lee’s blue Chevy
as evidence.

21. On 01/18/2018 we were informed by West Wendover PD that Mistie had tried
to commit suicide in Wendover and was being transported to the university of
Utah hospital. They stated that Lee had refused to give them any identification.
They spoek to Linda who stated that Lee has been acting weird ever since law
enforcement impounded his vehicle.

22. In your affiant’s training and experience, the ability to establish call patterns
and frequency reports can be exculpatory to the defendant. In this case, this
information is exculpatory in the fact that location information and call patterns
are being looked at. In the event the defendant is regularly at a location identified,
the significance of the defendant at that location may be diminished. Furthermore,
the ability for the defendant to justify this type of information would/could be
exculpatory to this case and your affiant does have a duty to preserve such
information. These records are systematically purged by the cellular provide and
do have a “shelf life”. Failure to preserve these records at this time could cause
them to be destroyed in the very near future. It is for these reasons your affiant is
requesting a total of 79 days’ worth of records to establish an accurate and reliable
frequency report in reference to call patterns and location information.

WHEREFORE, your affiant prays that a Search Warrant be issued for the seizure of
said items.

I declare under criminal penalty of the State of Utah that the foregoing is true
and correct.

Executed on: 18th day of January, 2018 @ 10:19 AM by /s/ TYLER A JOHNSON

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_________________________________________________________________

IN THE FOURTH DISTRICT COURT - ALL DEPARTMENT

IN AND FOR JUAB COUNTY, STATE OF UTAH

_________________________________________________

SEARCH WARRANT

No. 1776601

COUNTY OF JUAB, STATE OF UTAH

To any peace officer in the State of Utah:

Proof by Affidavit made upon oath or written affirmation subscribed under criminal
penalty of the State of Utah having been made to me by Detective TYLER A JOHNSON
of Sanpete/Juab Major Crimes TF, this day, I am satisfied that there is probable cause
to believe

THAT

On the premises known as Verizon Wireless, and Tracfone, further described


as CELLCO PARTNERSHIP, LLP DBA VERIZON WIRELESS, 180 Washington
Valley Rd, Bedminster, NJ 7921 Court order compliance team, and Tracfone Court
order compliance office;

In the City of N/A, County of Juab, State of Utah, there is now certain property or
evidence described as:

Any and all of the following requested information for phone numbers
(435)660-1419, (435)610-6049, (435)841-7657. From 11/01/2017 to
01/18/2018.

1. All customer/subscriber information, including any listed addresses,


telephone numbers, social security numbers, dates of birth, names, addresses,
any other customer identifying information, mobile handset or device
identifiers/serial numbers (MEID, ESN, IMSI, IMEI), activation date and
deactivation date, and location device was purchased if applicable.

2.Device Purchase Information. This is specifically to include the Date, Time


and Location of where the device or any pre-paid refill cards were purchased.

3. Any email addresses associated with the account. This is to specifically

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include Google Gmail addresses associated with any Android device
associated
with this device or any email associated with an iPhone and/or iTunes
account associated with this device that is currently on file and stored in the
normal course of business of CELLCO PARTNERSHIP, LLP DBA VERIZON
WIRELESS.

4. Call detail records, including detailed information in reference to all known


outgoing and incoming calls associated with the account, dates and times
calls were made, and duration of all calls made or received. This is to include
any other pertinent call detail records including special features codes, or
any other codes that are maintained in the normal course of business for
CELLCO PARTNERSHIP, LLP DBA VERIZON WIRELESS, of any CELLCO
PARTNERSHIP, LLP DBA VERIZON WIRELESS cellular numbers identified in
the course of the investigation. In addition to voice calls, this would also include
any detail records showing text messages, MMS messages, or data activity.
In the event the requested Call Detail Records contain other CELLCO
PARTNERSHIP, LLP DBA VERIZON WIRELESS customer numbers, identified
as either incoming or outgoing calls, CELLCO PARTNERSHIP, LLP DBA
VERIZON WIRELESS will provide subscriber information to the specific
numbers identified, if requested.

5. Cell site information, to include all known cell towers associated with
outgoing
and incoming calls (Call Detail Records). This information is to include any
sector information, if known, cell site location, and any other related material
that would be necessary to identify the location and sector in reference to the
cell site information associated with the call detail records. In the event text
messages, MMS messages, and Data activity are also available with cell site
information, this information would be included in this request.

6. Cell Site locations for all CELLCO PARTNERSHIP, LLP DBA VERIZON
WIRELESS Cell Sites, sector information, including Azimuth headings, in the
regional market associated with the requested cell site information.

7. Location information, to include any estimated or known Longitude and


Latitude of the cellular device’s current location, or approximate location,
information received by cell tower(s) in reference to direction and distance
from the tower a device may be located (timing and triangulation information).
Radio Frequency signal strengths, direction, and transmission information. The
geographical constraints of location information will be limited to the United
States.
Location information can be in the form of historical records. Specific to
CELLCO PARTNERSHIP, LLP DBA VERIZON WIRELESS, this would include
any reports of device activity that would include the approximate latitude and

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longitude of the device at the time of the activity, direction and distance from
the tower, and other location related information commonly referred to as an
RTT, EVDO, ALULTE, and Levdort report.This further includes any other report
similar in nature.

8. All text message and/or MMS messages currently stored in the normal
course of business for CELLCO PARTNERSHIP, LLP DBA VERIZON
WIRELESS, to include any cloud services which allow for the long term storage
of both voicemails and SMS/MMS messages.

11. Non Disclosure- Due to the sensitivity of this on-going criminal investigation,
the notification to the listed subscribers by CELLCO PARTNERSHIP, LLP
DBA VERIZON WIRELESS or Tracfone that these records have been released
to a law enforcement agency could compromise this investigation as well as the
safety
of law enforcement officers participating in the investigation. Furthermore
notification of the customer/subscriber may lead to further property damage
stemming from sabotage or similar criminal activity, and Based on these facts,
it is further ordered that the customer/subscriber is not to be notified of the
release
of this information, as it could jeopardize an on-going criminal investigation.

and that said property or evidence:

Was unlawfully acquired or is unlawfully possessed;

has been used or is possessed for the purpose of being used to commit or
conceal the commission of an offense; or

is evidence of illegal conduct.

Affiant believes the property and evidence described above is evidence of the crime
or crimes of Obstruction of Justice
Desecration of a dead human body
Homicide..

YOU ARE THEREFORE COMMANDED:

to make a search of the above-named or described person, vehicle, item, and/or


premises for the herein-above described property or evidence and if you find the same
or any part thereof, retain such property in your custody subject to the direction of a
prosecutor or an order of this Court.

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Dated: 18th day of January, 2018 @ 10:26 AM /s/

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RETURN TO SEARCH WARRANT

NO. 1776601

The personal property listed below or set out on the inventory attached hereto was
taken from the person of Verizon, by virtue of a search warrant dated the 18th day of
January, 2018, and issued by Magistrate THOMAS LOW of the FOURTH DISTRICT
COURT - ALL DEPARTMENT:

file "SW_Results"

I, Detective TYLER A JOHNSON of Sanpete/Juab Major Crimes TF, by whom this


warrant was executed, do swear that the above listed or below attached inventory
contains a true and detailed account of all the property taken by me under the warrant,
on the 18th day of January, 2018.

All of the property taken by virtue of said warrant will be retained in my custody subject
to the order of this Court or of any other court in which the offense in respect to which
the property, or things taken, is triable.

I declare under criminal penalty of the State of Utah that the foregoing is true
and correct.

Executed on: 2nd day of February, 2018 @ 10:24 AM by /s/ TYLER A JOHNSON

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