~ 91 (Rev. 5/85) Crimin~~<?:?~~a~nt



               UNITED STATES OF AMERICA
                                        V.
                   JAMES HALLORAN                                                                           CRIMIN  AL  COMPLAINT

                                                                                                            CASE NUMBER:

                  (Name and Address of Defendant)                                                                              !3-  O. 2  3 0 0 3 9
                                                                                                                               "~  -  .  ..'  -                    -
            I, the undersigned complainant being duly sworn state the
            following is true and correct to the bes~MC' :

knowledge and belief.  On or about F_epruary12. 2~O2 in Alameda county,
in the
            Northern District of California defendant(s) did, (Track
            Statutory Language of Offense)

                 See Attachment A




in violation of Title 21 United States Code, Section(s) 841{~)(!)L~

I further state that I am a(n) DEA Special Agent and that this complaint
is based on the following
                                                                   Official
                                                                   Tille


                 See attached Affidavit








Continued on the attached sheet and made a part hereof: '] Yes No


Approved As To Form: f j?~ L:~Z;~~~
                                                                                            ..,
                                                                                            2
                                                                                           P(8me'SlW\B-'.
                                                                                           01
                                                                                           ~:
Sworn to before me and subscribed in my presence,


                                                                                     at


~~-- ~rJ..w~ a~ US.IM4i1J(J .'IJ'u4<
 Name & TiUe of Judicial Officer

n.s fomI was eleclnlnicaUy produced by EIIe F8der8 FWI



                       A TT ACHMENT TO COMPLAINT


COUNT ONE: 21 U.S.C. § 841(a)(1)

      On or about and between December 6,2001 and February 12,2002,
      both dates



                             JAMES HALLORAN


substance,
          to wit, more than 1,000 marijuana plants, in violation of
          Title 21, United States

Code, Section 841(a)(l).



Maximum Penalties: Life imprisonment, with a lO-year mandatory minimum,

$4 million fine, 5 years supervised release, and a $100 special
assessment.



COUNT TWO: 21 V.S.C. § 856 (a)(1

       On or about and between December 6,2001 and February 12,2002,
       both dates



                              JAMES HALLORAN

did knowingly maintain a place, to wit, the premises at 647 East 12th
Street, Oakland,

California, for the purpose of manufacturing (cultivating) marijuana,
a Schedule

controlled substance, in violation of Title 21, United States Code,
Section 856(a)(I)



Maximum Penalties: 20 years imprisonment, $500,000 fine, 3 years
supervised release,

and a $100 special assessment.



                                 N AFFIDAVIT OF JON PICKETTE
                               IN SUPPORT OF CRIMINAL COMPLAINT

            I, Special Agent Jon Pickette, Drug Enforcement

Administration, United states Department of Justice, being first

duly sworn,-hereby state as follows:
            1. I have been employed by the United states Department of
Justice, Drug Enforcement Administration (DEA) since May 1997.

Prior to employment with the DEA, I was employed at the

Bernalillo County Sheriff's Department, Albuquerque, New Mexico

from October 1993 until May 1997 as a Deputy Sheriff.  I received

approximately 500 hours of specialized narcotics related

traininq
            2. I am currently investigating the marijuana
manufacturing activities of James HALLORAN. I have conducted

surveillance on the distribution organization and reviewed

information from several sources of information regarding

HALLORAN and co-conspirators
            3. Assisting me with this investigation are multiple other
law enforcement officers including federal agents of the Internal

Revenue Service .IRS}, United States Customs Service (USCS) and

the Drug Enforcement Administration (DEA)

            4 This Affidavit is submitted in support of a criminal

complaint charging James HALLORAN I with a violation of Title 21 u.s.c. §
841(a 1 - Possession with intent to distribute and cultivation of
marijuana, a Schedule TControlled Substance; and



Title 21 U.S.C.  § 856 - Maintaining a place for the purposes of

cultivating marijuana.
          5.  The facts set forth in this&ffidavit are based on my
personal knowledge obtained during this investigation, as well as

on information provided to me other law enforcement agents,

confidential communications provided to me and other law

enforcement agents, records, documents and other evidence obtained during
this investigation, and from statements of

individuals associated with and knowledgeable about .the affairs

of the target and subjects of this investigation.  Since this

affidavit is being submitted for the limited purpose of arresting

                  I have not included each and every incriminating fact
HALLORAN,

known to me concerning their guilt of the crimes, but only what I

believe to be adequate incriminating facts to establish probable

cause to believe that each of them have been involved in a

conspiracy to distribute and to possess with intent to distribute

cocaine, ;i,nviolation of 21 U.S.C. §§ 846 and 856

                                                  Relevant Facts

          6. On February 8, 2002
                                                        ..  , u.s.
                                                        Magistrate Judge
                                                        Edward M.
Chen, Northern District of California, issued search warrants

                                        .
for the premises at 647 E.12th St., Oaklc.nd,. CA., and at 5235 Boyd St.,
Oakland, CA.  ('~:O2~30033EMC) The warrants and application and affidavit
in support of the warrants are

incorporated herein by reference, a copy of the Application and


                                                               2



Affidavit is attached.
                                        .
           ., On February 12, ~OO2, DEA agents executed the search
warrants at 647 E.12th St., Oakland, CA., and at James HALLORAN' s

residence at 5235 Boyd st., Oakland, CA.  HALLORAN was located at

the residence.  During a cursory search of the residence, agents located
a loaded .22 caliber pistol in the closet.  IRS S/A Joe

Camilucci asked HALLORAN if there were any other firearms at the

residence.  HALLORAN stated that he had a shot~.  For officer

safety, S/A Camilucci asked where the shotgun was located.  HALLORAN
responded that it was in the basement office and

motioned towards 5233 Boyd Avenue.  HALLORAN also indicated that

he had access to the office.
           8. 5235 Boyd Avenue does not have a basement.  However,
there is a basement to 5233 Boyd Avenue, the residence that

HALLORAN motioned to during the description of the location where

the shotgun was located.  A check with a commercial database

system indicates that 5233 Boyd Avenue is in HALLORAN'S name.
           9. When agents searched 647 E.12th St., they found a
sophisticated indoor marijuana grow containing in excess of 1,000

marijuana plants.  Marijuana is a Schedule!  controlled substance as
classified by Title 2.1 U.s.  Code
           10.  I advised HALLORAN of his Constitutional Rights per

Miranda, as witnessed by GIS Michael Delaney.  HALLORAN 5 tated

that he understood his rights and would answer questions.


                                                         3



HALLORAN stated that the marijuana cultivation site located at
             12th street, Oakland, California was his operation.  After
647 E.  I asked who his partner jn the marij~ana cultivation operation

        HALLORAN invoked his right to remain silent and questioning
was,

was terminated

        I d$clare under penalty of perjury that t;he above Affidavit

is true and correct to the best of my knowledqe and belief.




                                                      ~...~tc~:~~~-)
                                                   S.  PICKETTE
                                          Special Agent Drug Enforcement
                                          Administration


                       SUBSCRIBED BEFORE
                    DAY OF FEBRUARY 2002


EDWARD
             M.  CHEN -
United states Magistrate Judge Northern District of California














                                                       4



                                                   AFFIDAVIT OF JON
                                                   PICKETTE
                                       IN SUPPORT OF CRIMINAL COMPLAINT

                     Special Agent Jon P1ckette, Drug Enforcement
            I,
                                      United states Department of Ju8tic~,
                                      being first
Administration, duly sworn, hereby state a$ follows
                       I have been employed by the United States
                       Department Of
            1;.

Justice, Drug Enforcement Administration (DEA) since May 1997

Ptior to employment with the DEA, I was employed at the Bernalillo County
Sheriff's Department, Albuquerque, New Mexico

from October 1993 until May 1997 as a Deputy Sheriff.  I received

approximately 500 hours of specialized narcotics related

training.
            2.  I am currently investiqatinq the marijuana
manufacturing activities of James HALLORAN. I have conducted

surveillance on the distribution organization and reviewed

information from several sources of information regarding

HALLORAN and co-conspirators.

                       Assisting me with this investigation are multiple
                       other
            3.
law enforcement officers including federal agents of the Internal

Revenue Service IRS) , United states Customs Service (USCS) and the Drug
Enforcement Administration (DEA) .

             r1 .  'rh !i J\ffir)iJvi ~itJhmi tt:ed in stJpport of
             a criminal
complaint charging James HALLORAN, with a violation of Title 21
                                                   - Possession with
                                                   intent to distribute
                                                   and
u. s.c.  § 841 (a) 1 cultivation of marijuana, a Schedule 1 Controlled
Substance; and



            ?  On February 12, 2002, DEA agents executed the search

warrants at 647 E.12th St., Oakland, CA., and at James HALLORAN's

residence at 5235 Boyd St., Oakland, CA.  HALLORAN was located at

the residence.  During a cursory search of the residence, agents located
a loaded .22 caliber pistol in the closet.  IRS S/A Joe

Camilucci asked HALLORAN if there were any other firearms at the

residence.  HALLORAN stated that he had a shotgun.  For officer

safety, S/A Camilucci asked where the shotgun was located.  HALLORAN
responded that it was in the basement office and
                          .
motioned towards 5233 Boyd Avenue.  HALLORAN also indicated that

he had access to the office

            8.  5235 Boyd Avenue does not have a basement However,

there is a basement to 5233 Boyd Avenue, the residence that

HALLORAN motioned to during the description of the location where

the shotgun was located.  A check with a commercial database

system indicates that 5233 Boyd Avenue is in HALLORAN'S name.

            9.  When agents searched 647 E.12th St., they found a

sophisticated indoor marijuana grow containing in excess of 1,000

marijuana plants.  Marijuana is a Schedule I controlled substance as
classified by Title 21 U.S.  Code

            10.  I advised HALLORAN of his Constitutional Rights per

1-11 r 'Irl<I.I, as wi l.nes:ied by G/~ Hi <:hae Delaney HALLORAN stated

that he understood his rights and would answer questions.

HALLORAN stated that the marijuana cultivation site located at


                                                                3



647 E. 12th street, Oakland, California was his operation.  After I
asked who his partner in the marijuana cultivation operation

was, HALLORAN invoked his right to remain silent and questioning

was terminated.

        I declare under penalty of perjury that the above Affidavit

is true and correct to the best of my knowledge and belief.





                                               ~-- .  ~
                                       JON S.  PICKETTE Special Agent
                                      Drug Enforcement Administration

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF FEBRUARY 2002


EDWARD M.  CHEN United states Magistrate Judge Northern District of
California
















                                                       4



AO 106 (Rev. 7/87) Aff~ayft for_Searm Warrant $--- -- .~
                                                                                                                                                                                   .
                                                                                                                                                                                   -
                                                                                                                                                                   8"
                                                                                                                                                                   COURT
                                                                                                                                                                   ORDER
                                                                                                                                     .
                                                                                                                                     ,
                                                                                                                         tllic
                                      NORTHERN DISTRJCT OF ;i" ,:,
                                      CALIFORNIA :"

                            In the Matter of the Search of
           (N8III8.  ~- w brief de.-ilicWl ~ P8f5CIII.
                                                         ~ w po-"*- 10
                                                         be 1e8rdI8d)
                                                         APPLICA TION
                                                         AND AFFIDAVIT
   647 East 12th Street, Oakland, California; FOR SEARCH WARRANT 5235 Boyd
   Avenue, Oakland, California; 1999 Ford Van, California License 5Z38993.
   See CASE NUMBER: EM C
     - 0_00
   Attachment --
                                A.  1.Q2.~
                                                                                                                                                .
                                                                                                                                                .':1.
                                                                                                                                                ~
                                                                                                                                                OO33
      I Soecial Aaent Jon Pickette !:.~ '~being d'ury-swdm
                                                                                                                                                                                           depose
                                                                                                                                                                                           and
                                                                                                                                                                                           say:
      am a(n) S ent for the Dru Enforcement Administration DEA and have
      reason to believe
                                       -





 that 0 on the person of or [XJ on th~ property or premises known as I-.
 ~ wIdQ ~) See Attachment A










which is '81-.  - g!rUe
                                      b8MS - ~ 8fId '-"- AlAe
                                                                                            411b1
                                                                                                d
                                                                                                lie
                                                                                                F"'"
                                                                                                ~
                                                                                                d
                                                                                                c-.
                                                                                                ~
Property that constitutes evidence of a criminal offense; contraband,
fruits of a crime, things criminally possessed; or property designed
or intended for the use of an offense concernlno a violation of Titl~
21 United States Code, Sectlon(s) 841 (a) (~).  846,
 The facts to support a finding of Probable Cause are as follows:










Continued on the attached sheet and made a part thereof:

                                                                 .
   Sworn to before me, and subscribed in my presence.

                                                                                                         at
   bate 2{et~2-



                    AFFIDAVIT IN SUPPORT OF SEARCH WARRANTS

                Special Agent Jon Pickette, Drug Enforcement
         I,

                                            United States Department
                                            of Justice,
Administration (DEA), being first duly sworn, hereby state as follows:

                                            A.  Introduction

                   I make this Affidavit in support of an
         1.

application for multiple search warrants in con~ec~ion with

the investigation of James HALLORAN and the manufacture and
                    ,
possession of marijuana for sale.  The locations to be

searched are:

                                                James HALLORAN

                              647 East 12tb Street, Oakland, California

                              (commercial property)

                   (2) 5235 Boyd Avenue, Oakland, Californial

                               residence

                              1999 Ford Van, California License Plate

                              5Z38993

                         am currently investigating the marijuana
         2. 1
manufacturing and distribution organization of James

                   I have conducted surveillance on the distribution
HALLORAN.

organization and reviewed information from several sources

of information regarding HALLORAN and co-conspirators.




I All locations are in OakJand,
                                California, unJess otherwise noted.


                                                      1



                        Assisting me with this investigation are multiple
               3.
other law enforcement officers including federal agents of

the Internal Revenue Service (IRS), United States Customs

                                    and the Drug Enforcement
                                    Administration
Service (USCS)
                     There is probable cause to believe that at these
(DBA).  locations there' will be found evidence of violations of

                                                                         Sections
                                                                         841(a)
                                                                         and
                                                                         846.
                                                                         The
Title 21, United States Code, - -

evidence to be seized is more specifically described in

Attachment B to this affidavit.  The statements contained

in this affidavit are based upon my own personal knowledge,

as well as 'information provided to me other law enforcement

                          Because this affidavit is written for the
officers.  limited purpose of setting forth probable cause for the

                                                               I have not
                                                               included
                                                               every fact
requested s~arch warrants,
                                                                                                 I
                                                                                                 have
                                                                                                 set
                                                                                                 forth
known to me through this investigation.

the facts that I deem necessary to establish probable cause

                                                         or
                                                         instrumentalities
                                                         of the
that evidence, fruits, narcotics offenses will be found at the locations
to be

searched.

                                                Affiant's Backgroun4

                        I have been employed by DEA since May 1997
               4.
Prior to employment with DEA, I was employed at the Bernalillo County
Sheriff's Department, Albuquerque, New
                                    .

Mexico from October 1993 until May 1997 as a Deputy


                                                                        2



 Sheriff.  During this time I accumulated the following

 training and experience:

  (a) I graduated from the DEA Academy located at the FBI

 Academy, Quantico, Virginia.  I received approximately 500

 hours of specialized narcotics related training-

 training included controlled substances identification,

 narcotics related investigative techniques, interview and

 interrogation training,
                     .  preparation of search warrant
 tactical application of narcotics enforcement, surveillance

and electronic monitoring techniques, money laundering

investigations and various forensic subjects including

latent fingerprint collection and analysis.

 (b) As a DEA agent, I have participated in the execution

of approximately eighty search warrants of the residences

of illegal drug traffickers, safe houses, crack houses and

have participated in over 250 arrests for the drug related

offenses.  I have drafted in excess of 15 DEA search

warrants, and have participated in the seizure and/or

eradication of more that 85,000 growing marijuana plants

being cultivated either indoors or outdoors.  During these

activities, I have personally viewed, touched, examined and

detected the odor of marijuana plants.

(c) As a DEA a~ent, I have participated in investigations

targeting individuals and organizations trafficking heroin

                                                          3



 cocaine, cocaine base ( "crack" , marijuana, methamphetamine

 and other controlled substances as defined in 21 U.S.C.

 Section 801.  I know that marijuana is a controlled

 substance under 21 U.S.C. Section 801.

              Prior to being a DEA agent, I graduated from the

 Bernalillo County Regional Training Academy.  I received

twenty (20) weeks of general police investigation and

 techniques including controlled substance identification
                         ~
and investigation.

 (e) As Deputy Sheriff, I drafted and/or participated in

over thirty (30) search warrants'of residences, including

those of narcotics traffickers, safe houses, and crack

houses, and I participated in over 100 arrests for drug

related offenses.

         I also received training conducted by the Bernalillo

County Sheriff's Department regarding advanced criminal

investigations.  I also received forty 40) hours of

trailling conducted by the Rio Rancho Department of Public

Safety regarding advanced criminal investigations,

including controlled substance investigations and

techniques.








                                                           4



                                                        B.  Relevant Facts


 A.  PROBABLE CAUSE TO SEARCH
              5. In November 2001, a DEA confidential source,

 herein referred to as CS, told me that an individual named

 "Jimmy" was operating a marijuana cultivation site at 647

 East 12tb Street.  This CS has provided information to

 in the past that resulted in the seizure of narcotics and

 is providing information for monetary gain.  The CS has an

 extensive criminal history including narcotics violations.2
            6.  On December 6, 2001, agents conducted

 surveiliance at 647 E.  12th St.  Agents obtained permission

 from a neighbor to access his/her rooftop, which is next to

 647 E. 12th St Once on the roof I immediately smelled

strong odor of marijuana.  I noticed several large vents on

the roof of 647 E. 12th St.  When I was parallel with these

vents, the odor became stronger.  During this surveillance,

neither I or any other agent left the neighbor's roof

did anyone go onto the roof of 647 E. 12th St.




2This CS has an extensive criminal history including narcotics violations,
property crimes, weapons violations, driving while under the influence and
battery.  The CS has been convicted of burglary, possession of dang.rous
drugs, receiving stolen property, possession of a sawed off shotgun,
possession of marijuana, driving while under the influence and theft.
The most recent conviction, accordinq to NCIC, is in 1985 for driving
while under the influence.


                                                               5



            '7.  A check with PG&E indicated that service at 647

 E. 12th Street was in the name of Jim HALLORAN. According to PG&E,
 the mailing address for the bill is 5235 Boyd Ave.

On the bill there is a note regarding service at

                        The bill lists the business at the location as
location.  plant rentals.  6.'  t. 12th St.  is a commercial building
with a sign and marquee above the door and roll-up door

that says "Teatro".  The building appears to be an old
                       .
theatre.  There is also writing on the "marquee that is

indicative of a hardware store.  This writing is faded and

                       The traditional door to the structure is wooden
worn off.

with three locks on it.

                      PG&E usage records for 647 E. 12th St.  are as
            8.
follows:

                                  June-July, 2001- 22,062 kw hours

                            August-September, 2001- 40,781 kw hours

                                      October, 2001- 2,089 kw hours

                                  November, 2001- 14,445 kw hours

From my training and experience I know that the lighting

systems and other electrical equipment utilized to

cultivate marijuana use a significant amount of

                             Based on my observations at 647 E.
electricity.

Street, I belieye that the high energy usage reported by



                                                      ~



  PG&E can be attributed to a marijuana cultivation

 operation.

              9(a) .  On January 11, 2002, surveillance was

 established at 5235 Boyd Ave.  HALLORAN was observed

 leaving the residence driving the gold 1999 Ford van

 5Z38993).  I recognized HALLORAN via a DMV photograph.

 After stopping and meeting with a group of individuals at a

 coffee shop, HALLORAN drove to 647 E. 12th St.  HALLORAN
                          ,

 parked his vehicle directly in front of the building

 exited his van.  HALLORAN met with an unidentified adult

male and both entered the location.  HALLORAN used a key to

 gain entX'y.
             9 (b) .  A female adult arrived at 647 E.  12th Street

and knocked.  HALLORAN answered the door and let her

After approximately 15 minutes, the female exited.  At this

time, surveillance agents observed that the female was

wearing a PG&E uniform and was reading meters.  The meters

are located under a metal cover on the sidewalk.

            9 (c) .  HALLORAN was observed on several occasions

opening the door and stepping outside.  He would then go

back inside the building.  Approximately 45 minutes after

the PG&E employee left, she returned and met with HALLORAN.

This time anoth~r adult male joined them outside the

location.  HALLORAN and the adult male entered the


                                                         .,



 locations and the female walked away.  The door was left

 open and IRS S/A Dan Daley walked by the location.  Inside

 the building he saw HALLORAN standing in a small room b~ilt

 inside the door with the walls made out of plywood.

 Shortly thereafter the unknown adult male left on foot

 carrying a briefcase, a box and wearing work gloves.  The

male then walked to a PG&E truck parked down the street

 from the location, entered it and left
                         .
            9 (d) .  An unidentified male was observed entering

the structure carrying a back pack.  Approximately six

minutes later he was observed exiting the structure

carrying his back pack.  He entered a pick-up truck and

left.

            lO(a).  On January 15, 2002, surveillance was

conducted at 647 E.  12th St.  HALLORAN'S van, CA license

                 was parked in front of the building- I observed
51.38993, HALLORAN exit the building and the roll-up door open.

HALLORAN entered his vehicle and pulled it forward allowing

a cream colored Chevrolet pick-up, bearing California

registration 5820214 (registered to Roland O'Brien), to

pullout of the building.  There was a blue tarp over the

bed of the truck.  The truck was being driven by an adult

male.  HALLORAN.backed his vehicle into its original

parking spot.  The roll up door was closed and HALLORAN re-


                                                      R



 entered the building- An additional adult male came from

 the area of 647 E. 12th St. and entered the passenger side

 of the Chevrolet pick-up.  I contacted the Oakland Police

 Department via telephone to request a marked patrol car to

 assist.  During this time Officer Tim Sanchez observed the

driver of the vehicle make a traffic violation and stopped

the vehicle.  The driver was identified as Myagrnarjav

BINIEE and the passenger as Tserenpil ERPENEBILEG. Both
                          .
stated they were from Mongolia, and BINEE produced an

international driver's license.  BINEE stated they worked

for the individual that the vehicle was registered to

 (0' BRIEN) .  BINIEE stated that there was soil in the bed of

the truck and gave consent to search.  The potting soil

contained root balls3 and some marijuana leaves.  There were

also small plastic pots in the back of the truck.

           10 (b) .'  From my training and experience, I know that

persons who cultivate marijuana often discard used potting

soil and replace it with fresh soil to help maintain an

optimum growing environment and chemical balance.  This

discarded potting soil often contains root balls and rock

woo14.  I also know that plastic pots are used to cultivate

marijuana indoors.  3 A root ball is what .
                          remains after marijuana plants are harvested. It
                          includes a portion of stalk and the root
strocrure of the plant.  4 Rock wool is a commonly used growing medium
in marijuana cultivation.



                                                               9



                              BINIEE was cited and released.  A few hours
            lO(c).

 later BINIEE returned to 647 E.  12th St.  arriving in an

 unknown vehicle.  BINIEE used a key to enter the location

 Approximately four minutes later both HALLORAN and BINIEE

 exited the building and talked on the sidewalk.  BINEE then

            on foot.  HALLORAN went back inside the vehicle

            10 (d) .  HALLORAN exited the(building and entered his

van.  HALLORAN then departed.  Due to heavy traffic, agents

            surveillance on HALLORAN. Approximately 45 minutes

after contact with HALLORAN was lost, I drove by 5235 Boyd

Ave.  and observed HALLORAN'S van parked next to the rear

residence

B.  DESCRIPTION OF PROPERTY TO BE SEARCHED

          11 (a) .  647 East 12th Street, is described as a two-

story, commercial structure attached to other commercial

structures.  The structure is brown brick and tan stucco.

There is a brown, wood entry door with a small window in

the center of it.  The numbers 647 are affixed to the left

side of the door frame.  To the right of the wood door,

there is a metal, roll-up garage door.

          11 (b) .  Above the doors is a marquee sign with faded

writing on it.  Above the marquee sign is a white sign with

brown lettering .with the word "Teatro" written on it.



                                                    10






           to the rear residence I saw a gold Ford van, bearing

California license 5Z38993.  This' vehicle is registered to

HALLORAN at 5235 Boyd Ave.  A check of HALLORAN'S criminal

history indicated that he had a previous arrest for battery

and hit and run.

                     A check with PG&E indicates that service at 5235
           15.

Boyd Ave.  is in the name of HALLORAN The service

indicates "rear"
                     .
           16.  On January 11, 2002, I observed HALLORAN'S Ford

           California license plate 5Z38993, parked at this
van, address.  I observed HALLORAN leave 5235 Boyd Avenue and

drive .to 647 E. 12th Street

                     On January 15, 2002, I observed HALLORAN and his
           17.

vehicle at 647 E. 12tb Street.  Later that day, I observed

HALLORAN'S vehicle parked next to the rear residence at

           Boyd Avenue.

B.  DESCRIPTION OF PREMISES

                               5235 Boyd Avenue is described as a small,
           18(a).
single family residence.  The structure is comprised of wood paneling
painted red in color with green trim.  The

roof of the structure is slanted.

           18 (b) .  The mailbox for 5235 Boyd Avenue is affixed

to 5233 Boyd Av~. The numbers 5235 are attached to the

black mailbox next to the driveway.


                                                     12



             18 (c) .  5235 Boyd Avenue is accessed via a driveway

 directly to the right of 5233 Boyd Avenue.



                                              PLATE SZ38993

 A.  PROBABLE CAUSE TO SEARCH

                   Evidence establishes that HALLORAN drives this

 vehicle.  As noted below, illegal drug traffickers often

 store and transport illegal drugs in vehicles.

                   On January 07, 2002, HALLORAN was observed

 driving this vehicle to 647 East 12tb Street

        21.  On January 15, 2002, this vehicle was observed at

 647 East 12th Street.  HALLORAN was observed leaving the

location and driving the vehicle.  Later that day, I

observed the vehicle parked at HALLORAN'S residence at 5235

Boyd Avenue.

B.  DESCRIPTION OF VEHICLE

        22.  Vehicle bearing California license plate 5Z38993

is described as a 1999, gold, Ford Van, registered to James

HALLORAN, 5235 Boyd Avenue

                                  Statement of Expertise

        23.  Based on my training and experience, and on my

consultation with other law enforcement o~ficers

experienced in investigations regarding conspiracy to

manufacture, distribute and possession with intent to


                                                       11



 distribute controlled substances, I have learned the

 following:

           a.  Individuals involved in illegal trafficking of

controlled substances often conceal evidence of their drug

trafficking in their residences and businesses, or

residences of friends or relatives, and in surrounding

areas to which they have ready access such as garages, car
                                                                                                               ~

ports and outbuildings.  They also conceal evidence in
                            ,
vehicles, including vehicles outside of their residences,

so that they have ready access to it and so that they can

hide it from law enforcement, including law enforcement

officers executing search warrants at their residences or

businesses.  Evidence also may be found in other areas to

which drug dealer has ready access, such as rented storage

areas and safety deposit boxes.  This evidence, which is

discussed in detail in the following paragraphs, includes

                  paraphernalia for weighing, packaging, and
drugs, distributing drugs, other contraband, records and evidence of
drug transactions, proceeds from drug sales, and

valuables obtained from proceeds.

          b.  Individuals involved in illegal drug trafficking

often keep quantities of controlled substances on their

person, in thei~ residences, garages, outbuildings, storage areas,
carports and yards, in their businesses, in

                                                                        14



 residences of friends or relatives, in their vehicles, and

 in other areas to which they have ready access.
           c.  Individuals involved in drug dealing commonly use

 certain paraphernalia to package and prepare controlled

 substances for distribution.  The paraphernalia includes

 packaging materials such as plastic baggies, wrapping

 paper, cellophane, condoms, and film canisters) and scales

 to weigh controlled substances.  Drug dealers commonly
                    .
 store these items on their person, in their residences, in

their businesses, in the residences of friends or

relatives, in their vehicles, and in other areas to which

they have ready access.
           d. Drug dealers often maintain records of their
transactions in a manner similar to the record keeping

procedures of legitimate businesses.  Even after the drugs

are sold, documentary records often remain for long periods

of time, even years, to memorialize past transactions, the

status of accounts receivable and accounts payable, and the

names and tel,ephone numbers of suppliers, customers, and

co-conspirators.  These records can be maintained on paper

in the form of business and personal ledgers and diaries,

calendars, memoranda, pay-owe sheets, IOU's, miscellaneous

notes, money or~ers, customer lists, and telephone address

books.


                                                        15



            24.  These records can reflect names, addresses and/or

 telephone numbers of associates and co-conspirators, the

 sale and purchase of cant-rolled substances, customer lists

 and amounts of money owed to the trafficker by his

customers, and by the trafficker to his suppliers

            25.  Records often indicate locations and distribution

points of controlled substances, and the purchase of

materials, .supplies and articles used by the trafficker,

and co-conspirators in the distribution of controlled

substances.

           26.  Records frequently include the identification of

properties such as real property or vehicles owned, rented,

leased, controlled, or otherwise utilized by the trafficker

and his co-conspirators in the distribution of controlled

substances.  These records include property rental and

ownership records such as deed of trust and lease and

purchase agreements, and vehicle registration, rental and

ownership information

       27.  These items are stored by drug dealers on their

person, in their businesses, residences and surrounding

garages, outbuildings, carports, and yards, the residences

of friends or relatives, and cars.

       a.  These.same types of records also can exist in

electronic form on computers and in computer software and


                                                         1/\



 in computer disks stored outside of the computer.  Further

 data that is process~d by a computer may be written to the

 computer hard drive or other storage medium even if the

 user does not intentionally save the information.  For

                     a computer operating system may take random data
 example, out of working memory and use it to "pad" files on a

 computer hard drive during the storage process.

             28.  Electronic information can remain on computer
                        .
storage media, such as hard drives, for indefinite period

of time.  Even when a computer user attempts to delete

records from a computer storage medium, the records may

still exist and be recovered through computer forensic

techniques.

                       Based on information provided to me by other DEA

Special Agents and computer forensic specialists, I know

that computer users sometimes encrypt files, and that such

users may keep the encryption passwords or encryption keys

separately written in their residences or on a separate

computer file.

                     Based upon my knowledge, training and experience,

and consultation with other Special Agents and computer

specialists, I know that in order to completely and

accurately retr~eve data maintained in computer hardware or

software, to insure accuracy and completeness of such data,


                                                     17



and to prevent the loss of the data from accidental or

                                         it is often necessary that
                                         some of
programmed destruction,

the computer equipment, related instructions
                                         peripherals,

in the form of manuals and notes, as well as the software

utilized to operate such a computer be seized

subsequently processed by a qualified computer specialist

in a laboratory setting.  This is true because of the

following:

        a.  Computer storage devices (like hard disks,

       diskettes and CD-ROMS) can store the equivalent of

       thousands of pages of information.  Additionally, a

       user may try to conceal criminal evidence by storing

       it in random order with deceptive file names.  This

       may require searching authorities to examine all the

       stored data to determine which particular files are

       evidence or instrumentalities of a crime.  This

       sorting process can take weeks or months, depending on

       the volume of data stored, and it would be impractical

       to attempt this kind of data search on site;

       b.  Searching computer systems for criminal evidence

       is a highly technical process requiring expert skill

       and a properly controlled environment.  The vast array

       of compute~ hardware and software available requires

       even computer experts to specialize in some systems


                                                18



            and applications, so it is difficult to know before a

            search which expert is qualified to analyze the system

            and its data; c.  Data search protocols are exacting
            scientific

            procedures designed to protect the integrity of the

            evidence and to recover even "hidden", erased,

            compressed, password-protected, or encrypted files

        Since computer evidence is extremely vulnerable to

        inadvertent or intentional modification or destruction

            (both from external sources or from destructive code

       embedded in the system as a "booby trap"), a

       controlled environment is essential to its complete

       and accurate analysis

       31.  Because of the potential volume of the data at

issue and the technical requirements set forth above, it is

usually necessary for the above-referenced equipment,

software, data, and related instructions to be seized and

subsequently processed by a qualified computer specialist

in a laboratory setting-

       32.  Based upon my knowledge, training and experience

and the experience of other law enforcement personnel I

know that searches and seizures of evidence from computers

taken from the ~ubject premises commonly require agents to

seize most or all of a computer system's input/output


                                                      19



 peripheral devices for a qualified expert to accurately

 retrieve the system's data in a laboratory or other

 controlled environment.  Therefore, in those instances

 where computers are removed from the subject premisesf and

 in order to fully retrieve data from a computer system,

 investigators must seize all magnetic storage devices as

 well as the central processing units (CPOs) and applicable

 keyboards and monitors which are an integral part of the

processing unit.  It is important that the analyst be able

to properly re-configure the system as it now operates and

in order to accurately retrieve the evidence listed above.

In addition, the analyst needs all the system software

 (operating systems or interfaces, and hardware drivers) and

any applications software which may have been used to

create the data (whether stored on hard drives or on

external media), as well as all related instruction manuals

or other documentation.  Without these items, it may be

difficult to recreate the computer environment in which the

seized data was created.  This is important both for

thorough analysis and for establishing the ultimate

integrity of the seized data.  If after the input/output

devices, system software and pertinent computer related

documentation a~e inspected it becomes apparent that these

items are no longer necessary to retrieve and preserve the


                                                   ?n



  data evidence, such materials and/or equipment will be

  returned within a reasonable time

             33.  The analysis of electronically stored data,

  whether performed on site or in a laboratory or other

  controlled environment, may entail any or all of several

 different techniques.  Such techniques may include,

 shall not be limited to, surveying various file

 "directories" and the individual files they contain
                        .
  (analogous to looking at the outside of a file cabinet for

 the markings it contains and opening a drawer believed to

 contain pertinent files); "opening" or reading the first few "pages"
 of such files in order to determine their precise contents; " scanning"
 storage areas to discover and

 possibly recover recently deleted data; scanning storage

 areas to discover and possibly recover recently deleted

data; scanning storage areas for deliberately hidden files;

or performing e]ectronic "key-word" searches through

electronic storage areas to determine whether occurrences

of language contained in such storage areas exist that are

intimately related to the subject matter of the

investigation.

           34.  Based upon my training and experience, as well a~

the training anq experience of other DEA Special Agents, I

believe that it is likely that contemporaneous analysis of


                                                           21



 hard drives, diskettes, CD-ROMS and other computer data

 storage media will be impractical and extremely time

 consuming.  For that reason, it will be necessary to remove these items
 so as to facilitate an off-site analysis to

 locate evidence authorized to be seized by this search

 warrant.  Thus, I request authorization to seize such items

         off-site analysis to locate evidence authorized to be

 seized by the search warrant.
                            .
             35. Drug dealers often travel domestically and

internationally to facilitate their trafficking.  Evidence

of foreign and domestic travel by persons engaged" in

illegal drug trafficking includes travel itineraries,

airline tickets, receipts related to travel such as rental

         receipts, fuel receipts and hotel receipts, and

passports and visas and their contents.  These items are

stored by drug dealers on their person or in their

busir.e:sses I residences and surrounding garages

outbuildings, carports, and yards, the residences of

relatives, and cars

            36.  Drug traffickers often use storage facilities for

drugs and other items related to trafficking that are at a

location away from their residences and businesses.  These

off-site storag~ facilities are often commercial storage

lockers and rooms.  These locations are often used to store


                                                                  22



   or hide drugs, contraband, money, and other valuables.

   Drug traffickers often keep documents and other items

  tending to show the existence of other stored drugs,

  contraband, money, and other valuables in areas such as

  storage.  Those documents and other items include rental

  agreements, receipts, keys, notes, and maps specifically

  concerning off-site storage rooms, lockers, and safety

 deposit boxes.  This evidence may be found on their person
                       #
 or in their businesses, residences ad surrounding garages,

 outbuildings, carports, and yards, the residences of

 friends or relatives, and cars

            37.  Other evidence of transportation, ordering,
 possession, and sale of drugs can include the following:

telephone bills to show numbers called by the drug dealers

 (and hence potential associates), overnight mail receipts

bank statements, deposit and withdrawal slips, savings books, investment
statements, loan statements, other

financial institution statements, and federal and state tax

returns.

          38.  The above items are stored by drug dealers on

their person or in their businesses, residences and

surrounding garages, outbuildings, carports, and yards, the residences
of friends or relatives,
                               .  and cars.



                                                          23



                     Drug dealers usually sell their product for cash

  Because pound quantities can sell for thousands of dollars

  even at the wholesale level, dealers typically may have

  thousands of dollars in cash on hand both as proceeds of

  sales and to purchase their own supplies.  In addition

  drug dealers often have other assets generated by their

 drug business, or purchased with cash earned, such as

 precious metals and stones,
                      , jewelry, real estate, vehicles
 and other valuables

                   Individuals involved in drug dealing often try to

 legitimize these profits from the sale of drugs.  To

 accomplish these goals, drug traffickers utilize foreign

 and/or domestic banking institutions and their attendant

 services, real estate and businesses, both real and

fictitious.  They also try to secrete, transfer, and conceal the money,
by (a) placing assets in names other

than their own to avoid detection while maintaining

control, (b) laundering money hrough what appears to be a

legitimate business or businesses, fc) hiding the money in their homes,
safes, and safety deposit boxes, or: Cd} using the money to buy assets
which are difficult to trace.  This evidence is useful in a criminal
prosecution, and it also is useful in identifying real and personal
property that
                             .



                                                      24



  can be seized and forfeited by the government under

  existing laws

             41.  Evidence of significant, unexplained income of

  drug dealers, or for the acquisition and concealment of

  money and assets of drug sales, can be found on banking and

  investment account statements, credit card account

  statements, canceled checks, money orders, deposit slips,
 check and savings books,
                         I business and personal ledgers,
 accounting records, safe deposit box records and keys,

 federal and state tax records, rental receipts, rental

 agreements, utility bills, overnight mail receipts,

 telephone bills, loan statements records reflecting

 ownership of real or personal property such as deeds of

 trust or vehicle registration, insurance, and ownership

 information), vehicle and property rental records, lease
and purchase agreements, and cancelled mail.  These records

can be maintained on paper, but also can be maintained as

computer data on computers and in computer software and

computer disks.  Also, records can be maintained in

electronic organizers.

           42.  The above items are typically kept by drug

dealers on their person or in their businesses, residences and
surrounding.garages, outbuildings, carports, and yards,

the residences of friends or relatives, and cars.


                                                              ?~



             43.  Drug dealers typically use telephones, pagers,

  two-way radios systems, fax machines, other communication

  systems, counter surveillance devices, and related devices

 in their drug trafficking activities.  These items are

 stored by drug dealers on their person or in their

 businesses, residences or cars, or the residences of

 friends or relatives.

            44.  Information stored in electronic form on all of
                         #
 the above devices can provide evidence of drug trafficking

 and the identity of associates.  For example, numbers

 stored in the telephones (such as Caller ID lists

 reflecting recently received calls, speed dial lists of

names and/or telephone numbers, and logs of outgoing and

incoming calls) can provide evidence of who the drug dealer

is calling, and thus the identity of potential associates.

Pagers, cellular telephones, and other communication

devices can contain similar information.  Also, logs from

fax machines can be evidence of messages sent and received,

and the corresponding telephone numbers of possib~e

associates and co-conspirators.

        45.  Often, telephone answering machines are used to

take messages.  The incoming messages can provide evidence

of drug trafficking and the identity of associates while
                               .



                                                           .",



  the outgoing message can provide evidence of who controle

             telephone line

              46. Documents showing who owns, occupies, or controls

  the location being searched also show who is responsible

  for the items found on the premises, including contraband

 and other evidence seized.  Documents and items showing the

 identity of the persons owning, residing in, or controlling

          area being searched include, but are not limited to,
                         .
 utility and telephone bills, canceled envelopes and

 correspondence, outgoing answering machine messages, tax

 returns, keys, deeds, and mortgage receipts

             47.  Drug dealers often take, or cause to be taken,

photographs and/or videos of themselves, their associates,

their property, and their drugs.  They usually maintain

these photographs and/or videos on their person or in their

businesses, residences or cars, or the residences of

friends or relatives.

             48.  Drug dealers often maintain firearms and

anununition on their person or in their homes, businesses,

or cars to protect themselves and their drugs and their

drug profits.  They also may maintain indicia of firearms

such as receipts for firearms and ammunition, boxes for

firearms and ammunition,
                                 .  and instruction manuals and other
documentation for firearms and ammunition


                                                                27



              49.  As discussed above, drug dealers often conceal

  evidence of drug dealing in vehicles outside of their

  residences for ready access and to prevent detection and

  seizure by officers executing search warrants at their

  residences.  This evidence, which is discussed in detail in

  the preceding paragraphs, includes controlled substances,

  indicia such as packaging, documents and electronic storage




 ledgers, lists of names and numbers, telephone address

 books, et cetera), digital pagers (and their contents),

 cellular/mobile telephones (and their contents), and

 counter surveillance devices.

            50.  Marijuana conspirators can utilize an assortment

 of equipment to plant and maintain the product.  Included,
but not limited to this equipment are: irrigation devices

garden hoses, five gallon buckets, ground time devices

elc?ctronic watering devices, ael-ators, PVC pipe, water

storage devices, lights, timers, power cords, generators shovels, rakes,
pruning shears, hand-held sprayers, herbicides, starter pots, planter
pots, grow pots, paper bags, burlap bags and plastic storage containers.
This equipment is coJtUnonly kept on the property where marijuana

is cultivated.


                                                            28



                     Marijuana cultivation operations are a

  continuous, ongoing endeavor.  Due to this fact, even if

  the cultivator is between cycles, there will be evidence of

  a marijuana cultivation operation.  Those that cultivate

  marijuana tend to operate all hours of the day and night

  and often tend to the cultivation sites at night, under the

  cover of darkness, to avoid detection of law enforcement.

                     I know that marijuana cultivation sites utilize

 high intensity discharge grow lights.  These lighting

 systems usually are 400, 600 ot: lOOO-watt lights.

 Marijuana cultivation sites that I have encountered are

 generally on 12-hour cycles.  Meaning, that the lights in

 the room in a marijuana cultivation operation, the room

 will alternate their cycles so while one is on the other is

off.  There is the possibility that if there is two rooms

or more that there will be some overlap in the cycles.  I

know that a lOOO-watt light the largest will use

approximately 360 kilo\o/atts per month (based on a twelve-

hour cycle).  Based on this formula, 20, 1000 watt lights will us 7,200
kilowatts per month.  In addition to the

lighting systems there is auxiliary equipment that is

utilized in an indoor marijuana cultivation site.  This additional
equiement will increase the overall usage.  This additional usage is
small in comparison to the amount of


                                                        29



        energy needed for the light systems.

                                                    c. Conclusion
                Based upon the totality of the facts set forth in this

       Affidavit, there is probable cause to believe that James

       HALLORAN is manufacturing marijuana and possessing

      marijuana for sale, and that evidence of the crimes of

      manufacture of marijuana and possession for sales of




      will be found at the locations for which search warrants

      are being sought, as fully described in Attachment A to

      this Affidavit.  I respectfully request therefore that

      search warrants be issued for the locations, more

 particularly described in Atta~hment A, authorizing any agent of the DEA,
 with the assistance of other law

 enforcement agencies, to enter and search the premises for

 items more particularly described in Atta<;!l_rnent B, all of which
 isre <:vidc:nce of and fruits and instrumentalities of

violations of Title 21, United States Code, Sections 841(8) 1 and 846.

II

II

II

II

                                                        30



 I declare under penalty of perjury that the statements

above are true and correct to the best of my knowledge and

belief

                                    dŁ!:e~~~' c Special Agent Drug
                                    Enforcement Administration




Sw s ribed to before me th da of February, 2002.


United States Magistrate Judge





















                                        l'



                                              Attachment A

                               Premises to be Searched

             Location: 647 East 12~ Street, Oakland, California

             647 East 12th Street, is described as a two-story,
 commercial structure attached to other commercial structures.
 The structure is brown brick and tan stucco.  There is a brown, wood
 entry door with a small window in the center of it.  The numbers 647
 are affixed to the left side of the door~frame.  To the right of the
 wood door, there is a metal, roll-up garage door.

             Above the doors is a marquee sign with faded writing
 on it.  Above the marquee sign is a white sign with brown lettering
 with the word "Teatro" written on it.

               Location: 5235 Boyd Avenue, Oakland, California

             5235 Boyd Avenue is described as a small, single
 family residence.  The structure is comprised of wood
paneling painted red in color with green trim.  The roof of the structure
is slanted.

            The mailbox for 5235 Boyd Avenue is affixed to 5233
Boyd Ave.  The numbers 5235 are attached to the black mailbox next to
the driveway.

            5235 Boyd Avenue js accessed via a driveway directly
to the right of 5233 Boyd Avenue.

       Vehicle: 1999 Ford Van, California License SZ38993

                   Vehjcle bearjng California license plate 5Z38993
is d~s~rib~d as a 1999, gold, Ford Van, registered to James HALLORAN,
5235 Boyd Avenue, Oakland, California.

       Also to be searched is any other vehicle located at,
and deemed to be associated with, the premises to be searched.



                                                        ATTAC}n-!ENT B:

                      DESCRIPTION OF PROPERTY TO BE SEIZED

 A.  Controlled substances, in particular, marijuana, in various forms,
 including drying, dried, or processed;

 B.  Marijuana seeds; and/or marijuana plant clones;

 C.  Equipment and tools associated with and used for the cultivation,
 and/or use, and/or storage, and/or processing of
marijuana, and the areas associated with the cultivation, and/or
 storage, and/or processing of marijuana, such as:

             1.  Irrigation devices, garden hoses, water buckets, five
 (5) gallon buckets, ground timing devices, electronic watering
devices, aerators, PVC pipe, water storage drums, water tanks,
hose, filter fittings, valves, water pumps, lights, timers, power
cords, extension cords, generators, air conditioning units, fans,
heat pumps, shovels, rakes, pruning shears, hand- held sprayers,
in-line fertilizer/water tanks, herbicides, starter pots, planter pots,
grow pots, alligator clips, baggies, rolling papers, cigarette packs,
small medicine containers, glass and plastic vials, rolled up papers
for holding seeds, sifters, scales and other weighing devices, drying
screens, paper bags, pouches, backpacks, burlap bags, plastic bags,
and plastic storage containers.

            2.  Books and/or magazines for growing marijuana, such as:
High Times, Marijuana Growers Guide, Sinsemilla Tips, Marijuana Potency,
Marij\1ana Botany, Marjj\1ana, and other marijuana publications;

D.  United States and foreign currency derived from the sale of controlled
substances in violation of 21 U.S.C.  Sections 841 and 846;

E.  Narcotics or money ledgers, narcotic distribution or customer lists,
narcotics supplier lists, correspondence, notation logs, receipts,
journals, books, pay and owe sheets, records and other documents noting
the price, quantity, date and/or times when narcotics were purchased,
possessed, transferred, distributed, sold or concealed; computer disks,
computer printouts, computer codes, and computer programs in
                                      .
addition to computer hard disks, computer screens, computer keyboards
directory disks, all computer components which operate



   computers and which would reveal the receipt of proceeds from
                                                                                                          ~
  narcotic distribution and the transfer, investment, trol' and disposi
  tion of those ~roceeds; (t..( ~ ~Ia~ '" ~ r A.U.DrIL ~
        sD ~" A rotfJlr .c~ \,.t P"~dU .f.  ~ ttc~ ~.;.;..  a-~ .!;.It
                                                                                                                                      p~~
  F.  Bank account records, wire transfer records, bank lb S~bu)j
  statements and records, money drafts, letters of credit, safety
  deposit keys and records, money wrappers, money containers, income tax
  returns, or other tax related documents such as W-2 wage information,
  1099-other Income information, financial transfers which reflect the
  money generated from the sale of narcotics in violation of 21 U.S.C.
  Sections 841 and 846.

  G.  Telephone paging devices, beepers, mobile phones, car
 phones, answering machines and tapes; and other communication devices
 which evidence participation in a conspiracy to distribute controlled
 substances in violation of 21 U.S.C.  Sections 841 and 846;

 H.  Personal telephone and address books and listings, letters, cables,
 telegrams, telephone bills, photographs, audio and video tapes, personal
 notes and other items reflecting names, addresses, telephone numbers,
 communications, and illegal activities of associates in narcotic
 trafficking activities;

 I.  Financial instruments purchased with large amounts of currency
 derived from the sale of controlled substances, including travelers
 checks, bonds, stock certificates, money orders and cashiers checks,
 passbooks, bank checks, bank deposit tick'ets, certificates of deposit,
 and memoranda and other items
evidencing the obtaining, secreting, transfer, concealment, and/or
expenditure of money; money counting machines, money wrappers and bags
used to carry controlled substances;

J.  Records, documents and deeds reflecting the purchase or lease of real
estate, vehicles, precious metals, jewelry, or other items obtained with
the proceeds of the sales of controlled substances;

K.  Records, items, and documents reflecting travel for the purpose
of participating in narcotics trafficking, including airline tickets,
credit card receipts, .travel vouchers, hotel and restaurant receipts,
cancelled checks, maps and written directions to locations;

L.  Indicia of occupancy, residency, control and/or ownership of the
premises and the things described in this warrant, such