SEARCH WARRANT OPERATIONAL PLAN

SEARCH

WARRANT

OPERATIONAL PLAN

CASE MANAGER:

Stanislaus County District Attorney's Criminal Investigator, Kirk B. Bunch Office # (209) 525-4069 or Cell (209) MIMS

ASSISTING INVESTIGATORS:

Stanislaus County Sheriff's Department Deputy, Tim McKinsey Office# (209) 525-7092 or Cell (209) UM=

Franchise Tax Board Investigator, Joyce Baral Cell# (916) MEM

Sacramento Valley Hi-Tech Crimes Task Force, Sgt. Adam Christianson Cell # (209)

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MISSION CONTROL:

Stanislaus County District Attorney's Office Secretary, Kim Fullbright Office# (209) 525-5582 or Cell (209)

DATE OF WARRANT SERVICE: Tuesday 2/18/2003 2:00 p.m.

BRIEFING:

Tuesday 2/18/2003 11:00 a.m.

BRIEFING LOCATION:

Stanislaus County District Attorney's Office CAU, 817 Tenth Street, Modesto, CA MISSION BACKGROUND:

The Mayor of Modesto, Carmen SABATINO is the focus of this investigation. I began my investigation after 10/08/2002, when a private attorney, Roger Brown forwarded a copy of a formal request to conduct a criminal investigation. Brown outlined the following suspected crimes committed by SABATINO: Possible Acceptance of Illegal Gifts, Potential Conflict of Interest, Failure to Disclose the Identities an Sources of Income on Statements of Economic Interest (Form 700), and Failure to Disclose Investments and Perjury.

During the course of my investigation, I learned of additional crimes committed by SABATINO: Grand Theft from the Modesto Joe's Restaurant P.C. 487, Payroll Theft from the Employees at the Mediterranean Market and Grill Restaurant P.C. 487 & 504, Personal Use

504, Government Code 1090 Violations regarding: Cable One and Mid-Valley Engineering,

False Information on Application for a Loan P.C., 532, Writing checks on Insufficient Funds P.C. 476a, and Wilful Filing of False Tax Return R&T 19706.

MISSION OBJECTIVES:

Serve the issued warrant at the listed locations. Recover the following items: bank statements and records, payroll records, checks, account numbers and computers and other items listed on the warrant. We should attempt to accomplish these objectives in a low profile manner.

NOTIFICATIONS:

SCDA, James Brazelton Notified Sheriff, Les Weidman Notified Chief, Roy Wasden Notified

SCDA Investigator, Mark Smith Scott Notified Stanislaus County Regional 911

MPD Watch Commander Notified Hi-Tech Sacramento Task Force Notified

Franchise Tax Board, Sacramento Office Notified Modesto City Attorney

At 1:00 by McK At 1:00 by McK X X X SEARCH LOCATIONS TEAM ASSIGNMENTS LOCATION NO. #1

RESIDENCE OF CARMEN SABATINO: 1.111.11111.1

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NAME / DEPARTMENT Supervising DA Inv. Mark Smith Stan DA Inv. Richard Balentine Stan Da Inv. Rick Dodge Hi-Tech Detective Rick Collins

MEDITERRANEAN MARKET & GRILL RESTAURANT

1222 H Street, Modesto, CA

NAME / DEPARTMENT

Supervising DA Inv. Aaron Gallagher Hi-Tech Det. Dennis Reynolds

Hi-Tech Det. DeMar Stan DA Inv. Ken Reid Stan DA Inv. Al Neep FTB Joyce Baral FTB Slue Railsback

Team Leader

LOCATION NO. #3

MODESTO CITY HALL / SABATINO'S OFFICE

1010 Tenth Street, Modesto, CA

NAME / DEPARTMENT

Stan DA Inv. Kevin Bertalotto Stan DA Inv. George Papadopoulos Stan DA Inv. Bill Andrews

Hi-Tech Detective Mussotto

City of Modesto Computer Tech., Larry Chavez City of Modesto Contact: Mike Milich

CELL (209)111111111111M (209) AMON (209) 0111111111Mli (209) SIMINNIII (209) 411111611/1 (209) 4111111111101 Team Leader LOCATION NO. #4

MODESTO CITY HALL / KATHY ESPINOSA'S OFFICE

1010 Tenth Street, Modesto, CA

NAME / DEPARTMENT

Stan DA Inv. Kevin Bertalotto Stan DA Inv. George Papadopoulos Stan DA Inv. Bill Andrews

Hi-Tech Detective Mussotto

City of Modesto Computer Tech., Larry Chavez City of Modesto Contact: Mike Milich

CELL (209) 4111111.11t (209) 1011011111. (209) (209) AMP. (209) 0111111111110P (209).1111011111116 Team Leader

LOCATION NO. #5

MODESTO CITY HALL / DEPARTMENT OF INFORMATION TECHNOLOGY Sth Floor, Room 5500

1010 Tenth Street, Modesto, CA

NAME / DEPARTMENT Stan DA Inv. Kevin Bertalotto Stan DA Inv. George Papadopoulos Stan DA Inv. Bill Andrews

Stan DA inv. Kirk Bunch Hi-Tech Detective Lydell Wall

City of Modesto Computer Tech., Larry Chavez City of Modesto Contact: Mike Milich

CELL (209)41/11/5M1 (209)111116111111. (209)

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At location #5 a review team consisting of myself, DDA Nix, City Attorney Milich, Hi-Tech Detective Wall, and Modesto Computer Hi-Tech Chavez will review the City of Modesto computer network while the searches proceed.

LOGISTICS:

VIDEOTAPING / PHOTOGRAPHING:

At each location, digital photographs need to be taken before starting the search and after the search is completed, to show that the search was carefully done and did cause a major

disruption. This is particularly critical at the restaurant and City Office. At the restaurant and at the residence, videotaping will be done as well to show that, and the timing of the searches is timed so that the restaurant is closed, at least at the start of the search. The SO will provide two CSO's to videotape the restaurant and residence.

COMMUNICATIONS:

Due to the lack of a common radio platform, cellular telephones will be the practical communication of choice.

COMPUTER SEARCH PROCEDURE:

The opinion section of the affidavit provides a careful detailed process for searching the computers at the restaurant, the two city offices, the city network drives, and at the residence. It

is critical that the described procedures be followed. Call me if you have any questions, if I am not available, Dennis Reynolds is also familiar with the procedure.

HOSPITAL LOCATIONS:

Modesto: Doctors Medical Center: 1441 Florida, Modesto (See attached) Modesto: Memorial Medical Center: 1700 Coffee Road, Modesto (See attached)

EMERGENCY CONTACT: CELL

James Brazelton _{61760.14.1111W} Les Weidman (1111111011ftilet Supervising DA Inv. Aaron Gallagher _{(209)4.111180} Supervising DA Inv. Mark Smith (209) 1111.11111116 Criminal Investigator Kirk Bunch (209)1aliall1 Deputy Tim McKinsey (209)

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Sgt. Adam Christianson (209)110111110

SAFETY ISSUES:

* This is a low-key service of a search warrant. Officer safety shall be adhered to at all times. This is a knock and notice type of service. There is no information that would indicate any type of violence at the listed locations. There is information that Carmen SABATINO has a temper and could be confrontational. I learned SABATINO has recently applied for a concealed weapons permit (not issued as of date) and will probably have some type of handgun in his possession at one of the locations most likely at his residence Location #1.*

I will attempt to interview SABATINO (DDA Brad Nix in attendance) before the service of this warrant. The length of the interview will not dictate the time of the service on the listed above locations, it is to proceed at 2:00 p.m.

I will serve the warrant for SABATINO'S person and vehicle personally following my interview of him. At that time I will attempt to get a consent to search, keys to the residence, business, and car, and

Should SABATINO show up at any location, the scene team leader should call me or DDA Nix asap.

PRESS RELEASE SCDA:

A press release has been prepared for release if and when the press asks about the search. If a member of the press asks any of you about the search please refer the questioner to the District Attorney at 525-5550.

NAME / DEPARTMENT CELL OFFICE

DA James Brazelton 111010111iiinri (209) 525-5524 DDA John Gould Pilig=3 (209) 525-5525 DDA Brad Nix 311/1//0/111, (209) 525-5570

ITEMS TO BE SEARCHED FOR LOCATION

Each location has specific items to be searched for . Please refer to me for the list for your location.

Search Locations

A. PERSON(s) described as:

Carmen SABATINO DOB 10/08/1937

B. VEHICLES described as:

A 2000 Chrysler Sebring, California License Plate # 4GVK899

C. RESIDENCE:

Location #1 617 W. Granger Road #33, City of Modesto, County of Stanislaus, California.

D. BUSINESS SITES/OFFICES:

Location #2 Mediterranean Market and Grill Restaurant 1222 H Street, Modesto, County of

Stanislaus, California.

Location #3 Modesto City Hall-1010 Tenth Street, room #6204 Modesto, County of Stanislaus,

California.

Location #4

Modesto City Hall-1010 Tenth Street room # 6205, Modesto, County of Stanislaus, California.

E. BUSINESS CUSTODIANS OF RECORDS:

Location #5

Modesto City Hall-1010 Tenth Street, 5 th Floor, Room 5500, Department of Information Technology, Modesto, County of Stanislaus, California.

Location #6

County Bank-1003 12th Street, Modesto, County of Stanislaus, California,

Location #7

MOCSE Federal Credit Union-3600 Coffee Road, Modesto, County of Stanislaus, California.

Location #8

Advanced Payroll System-1500 Standiford Avenue, Building C-2, Modesto, County of Stanislaus, California.

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Location #9

Brenda's Bookkeeping & Taxes-243 N. Maple Avenue in the City of Manteca, San Joaquin

County, California.

Location #10

Location #11

Clendenin Bird & Company 1300 Tenth Street #C Modesto, Stanislaus County, California

Location #12

ComCast (AT&T)-1639 Princeton in the City of Modesto, County of Stanislaus, California.

Location #13

ComCast Cable Company-CT Cooperation, 818 W. 7t h Street 2' Floor, county of Los Angeles, California.

Location #14

Fidelity National Title-3425 Coffee Road, Modesto, county of Stanislaus, California.

Location #15

Bank of The West (formerly Sanwa Bank)-3600 McHenry Avenue, Modesto, County of Stanislaus, California.

Location #16

Way and Associates Appraisal Consulting Services- 4248 Tully Road, Hughson, County of Stanislaus, California.

Location #17

California Mortgage Associates-1217 Standiford Avenue, in the City of Modesto, in the County of Stanislaus, in the State of California

Location #18

Ellman and Nickerson, LLP, Certified Public Accountants- 015 14th Street, in the City of Modesto, in the County of Stanislaus, California.