While in the residence, I observed Hogan utilize a black LG cellular telephone (bearing SN 911 KPFX363699) to make and receive telephone calls. Based upon my training and experience, I know that persons who buy and sell stolen property often use cellular devices to negotiate via telephone calls, email, and/or text message. I also know that the continued use of the phone would likely overwrite and destroy evidence that currently exists on the phone. Based upon the above facts and the fact that the cellular device was in plain view, I seized the phone as evidence and to prevent any further destruction of the digital evidence.
But then Warner seems pretty sketchy:
A records check through County Communications revealed two (2) outstanding misdemeanor warrants for Suspect Warner. Warner was subsequently arrested and handcuffed by Deputy Jim Goulart of the Sheriff's Office for the outstanding warrants only. While seated in the back of a patrol car, Warner made a spontaneous statement to Det. Josh McFall that he knew where the missing flash drive was located. Det. McFall read a Miranda Advisement to Warner and Warner waived his rights. Warner subsequently directed us to a bush located on the north side of Harding Ave at the intersection of Lancaster Way, Redwood City. In the bush, I located a 512 MB Memorex thumb drive and a 1GB Lexar Media compact flash card. The Lexar 1GB flash card appeared to be of the same type that would be utilized by the previously mentioned and seized Canon SLR camera.
At approximately 0230 hours, I went to the Chevron Gas Station located at 585 Whipple Avenue in Redwood City. I conducted a search of the premises and located the missing Apple prototype sticker in the parking lot near the entrance
And this line was another odd one.
I therefore pray that a search warrant be issued.