Case Information
*1
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
UNITED STATES OF AMERICA, | Case No. 2:16-cr-00274-KJD-GWF | | :--: | | | | | | |
This matter is before the Court on the documents submitted by the U.S. Probation Office for the Court's in camera review pursuant to the Court's Order (ECF No. 37).
After review of the documents, the Court has determined that the following documents, as redacted, are relevant to Defendant's Motion to Suppress (ECF No. 19) and will produce the same to the parties:
- Report on Search of Offender (Exhibit 1)
- Search Plan (Exhibit 2)
- Text messages between the probation officers (Exhibit 3)
- Chronological Record Entries (Exhibit 4)
The entire unredacted version of the aforementioned documents submitted by the U.S. Probation Office for in camera review have been placed in a sealed envelope and will be maintained under seal for the purposes of appeal and/or future proceedings. Accordingly,
IT IS HEREBY ORDERED that the Clerk of the Court shall provide the parties with a copy of this Order and the corresponding Exhibits.
DATED this 2nd day of March, 2017.
*2
Exhibit 1
Exhibit 1
*3
DISTRICT OF NEVADA UNITED STATES PROBATION OFFICE REPORT ON SEARCH OF OFFENDER
Name of Offender: Lazareo Jones Date & Time of Search: September 2, 2016 @ 9:45 A.M. Location of Search: 5622 Via Victoria Ave, North Las Vegas Nevada Offender's USPO: Steve M. Goldner Search Coordinator: Senior USPO Steve M. Goldner Policy Advisor: Supervising USPO Todd Fredlund
Search Team Members: Sunny Cascio, Shawn Mummey, Patrick Sumansky, Robert Aquino, Ben Johnson, Steve Goldner, Todd Fredlund
Observing Probation Officer: Donnette Johnson Other Agency (if applicable): North Las Vegas Police Department
Offender's History and Legal Status:
On October 30, 2014, Lazareo Jones was sentenced by U.S. District Judge Andrew P. Gordon to 30 months custody and three (3) years supervised release for having committed the offense of Prohibited Person in Possession of a Firearm. Jones commenced supervised release on July 14, 2016.
On July 15, 2016, into the early morning hours of July 16, 2016, Jones violated his release conditions by associating with convicted felons and documented gang members at a party he hosted at the Palms Hotel and Casino. In response, on July 20, 2016, Jones' conditions were modified to include six (6) months of home confinement with electronic monitoring. Home confinement was initiated on July 25, 2016.
Jones has prior convictions for Pandering (2013), and is a registered sex offender as a result of this conviction, and Battery Domestic Violence (2012). In addition, he has sustained several misdemeanor convictions for public nuisance, drug, and traffic related offenses.
*4
Reasons for Search:
Lazareo Jones tampered with his electronic monitoring bracelet on August 29, 2016, when Senior USPO Goldner received "Tamper Bracelet" alert at 2:02 a.m. The offender was unaccountable from 2:02 a.m until approximately 6 a.m. when another Location Monitoring bracelet was placed on Lazareo Jones' wrist. Shortly after the Tamper and Proximity alert, the North Las Vegas Police Department received reports at 02:21 a.m. indicating that a male matching the description of Jones reportedly brandished a firearm during a fight in the street near his listed residence during this same time period. This supervising probation officer received this report from North Las Vegas Police Department on September 1, 2016. The information was staffed with Supervising U.S.P.O. Johnson and a subsequent request for search of Mr. Jones was submitted to Chief U.S.P.O. Chad Boardman. Based upon this information, this search was approved.
Details of Search (to include condition of residence before and after the search; individual roles of search team members; third party management; problems encountered; and inventory of items found, where, by whom, and if seized):
Upon receipt of the North Las Vegas Police Department report, Senior USPO Goldner requested a search of the offender, the offender's residence and any vehicle he has under his control. On the same day of the bracelet tamper (August 29, 2016), Jones moved to a new residence at 5622 Via Victoria Avenue, North Las Vegas, Nevada. Chief Boardman gave permission to conduct the search on September 1, 2016. The search was scheduled for approximately 9:30 A.M. on September 2, 2016. An officer from the North Las Vegas Police Department also agreed to provide support to our agency at the scene of the search.
Prior to making contact with the offender, USPO Mummey and USPO D. Johnson parked in the vicinity of 5622 Via Victoria Avenue, North Las Vegas, Nevada to observe any activity at the home. At approximately 8:15 A.M., Mummey and Johnson observed a shirtless black male in blue shorts emerge from the property with a male child. Both officers recognized the male as Lazareo Jones from previously reviewing photographs of the offender.
Jones was observed entering the driver side door of a dark grey Ford Mustang, and the child got into the passenger side of this vehicle. The vehicle operated by Mr. Jones exited the neighborhood. At approximately 8:45 A.M. Jones returned to 5622 Via Victoria in a dark grey Ford Mustang with a temporary license plate. Jones parked the vehicle across the street from his reported residence and walked back into the residence.
*5 At approximately 9:40 A.M. the search team and officers of the North Las Vegas Police Department arrived at 5622 Via Victoria Avenue. At approximately 9:41 A.M. Senior USPO Goldner and Supervising USPO Johnson knocked on the front door of 5622 Via Victoria and were greeted by a shirtless Lazareo Jones. He was wearing blue athletic shorts. The offender was immediately placed in handcuffs by Senior USPO Goldner and advised his search clause was being invoked. Handcuffs were applied for the safety of the offender and search team members due to Jones history of violence as well as the nature of the underlying conviction wherein he was in possession of a firearm during a shootout at a local club. Jones electronic bracelet was cut off of his body. A search was conducted of his body and a Ford Mustang key was located in the pocket of his shorts, as well as a Nevada Identification card, a small amount of U.S. Currency, a wallet, and an Apple iPhone with a shattered screen. Jones initially stated that he was home alone, but eventually admitted that there were three males in the back bedroom. The U.S. Probation Search Team entered the residence and they were told that there were multiple third parties in the back bedroom. At this time several verbal commands were made for the third parties to come out of the bedroom. The commands were not initially followed and the individuals did not come out for approximately 2 minutes. Officers of the North Las Vegas Police Department entered the home and assisted the search team with the detainment of three adult males who eventually emerged from the back bedroom.
All three individuals were placed in restraints. At approximately 9:45 a.m. the home was cleared by the U.S. Probation Search team and then photographed by USPO Patrick Sumansky prior to the execution of the search. Following the photographs the search team began searching the residence. Supervising USPO Fredlund used the Ford Mustang key that was found in Jones' pocket to gain entry into the dark grey Ford Mustang that Jones was driving earlier. Immediately upon opening the driver side door, Fredlund discovered a black semi-automatic Glock pistol with a magazine loaded into the magazine well. The firearm was located in plain view on the carpeted floor of the vehicle just underneath the forward edge of the driver seat. USPO Sumansky was summoned to the vehicle to take photographs. USPO Sumansky then found a second black semiautomatic Glock Pistol inside the passenger glove compartment.
The firearms were photographed but not touched by any member of the U.S. Probation Search team. Shortly after the discovery of the firearms the agents of the Federal Bureau of Investigation were called to the scene to assist with the recovery and processing of the weapons. The vehicle was not searched any further and it was towed away by agents of the FBI with the assistance of a commercial tow truck.
The Apple iPhone that was discovered on Mr. Jones' person was seized. No other contraband was seized from the residence. All three of the male subjects found in the back room were confirmed to be felons. Their names were as follows:
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Rolando Williams (11/23/1995) Jacquese Weathers (07/12/1994) Antonio Richardson (09/05/1990) Officers from North Las Vegas Police department questioned the three men and then released them.
Summary and Future Action:
Lazareo Jones was taken into custody by agents of the Federal Bureau of Investigation, based on probable cause that the offender was in possession of a firearm.
Revocation proceedings have also been initiated against Jones.
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Exhibit 2
Exhibit 2
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Search Plan #6544 Author: Steven M. Date Submitted By:Steven M. Summary
Goldner Submitted:9/1/2016 Goldner
Section 1 - Defendant/Offender
PACTS #:
388747 Hide Information
PACTS #: 388747
Name: Lazareo Jones Sex: Male Height & Weight: 67 inches 160 lbs
Driver License #: DOB: Address: 5336 North Padera Drive, North Las Vegas NV 89031 Case Officer: Goldner, Steve M. Case Status: Active Type of Supervision: TSR Expiration Date: 7/13/2019 Sentence: Original Sentence Date: 10/30/2014 Special Conditions:
| CategoryCode | Description | Status |
| :--: | :--: | :--: |
| LOEA | Association
Restrictions | A |
| TRCT | General
Equivalency
Diploma | A |
| LOEA | Home
Confinement
with Location
Monitoring | A |
| TRCT | Mental Health
Treatment | A |
| COMP | Search/Seizure | A |
| FINS | Special
Assessment | A |
| OTHE | No Weapons
Possession | A |
Offenses of Conviction:
| Citation | Code | Description | ClassDescription |
| :--: | :--: | :--: | :--: |
| UNLAWFUL
TRANSPORT
OF
FIREARMS -
ETC. | FC | Class C Felony | Class C Felony |
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| 6544POST | 09/02/16 | Lazareo Jones | Goldner, M. Steven | | :-- | :-- | :-- | :-- |
Defendant/Offender Risks:
Other Relevant Information:
Section 2 - Search Details
Planned Date/Time: Search Authority: Description of contraband/items sought: Anticipated risks: Was matter referred to law enforcement agency?
Anticipated Third Parties at Search Site: Section 3 - Reasonable Suspicion
| Source | Reasonable Suspicion | Name | Agency | Phone | Details |
| :--: | :--: | :--: | :--: | :--: | :--: |
| Law
Enforcement
Information | Location Monitoring
Reports, Criminal
Associations, Other | Alex
Ochoa | NLVPD |
| Officer Ochoa provided a CAD report that offender was brandhiring a firearm after he broke his RF bracelet...Time stamps coombimate time of alleged offense. Clothing on the offender coomborates clothing that USPO found on Offender 4 hours later |
Section 4 - Object of Search
| Object Type | Additional Information | | Address Information |
| :--: | :--: | :--: | :--: |
| Offender Residence Private Residence | Occupancy Type: Staying with family Home Phone #: 702-831-1999
Call Phone #: | | Object: 5622 Villa Victoria Drive North Las Vegas, NV 89031 |
| Vehicle(s) | Make: Mercedes
Model #:
Color: Black
License Plate #: VSD?
VIN #:
Ownership Type: Borrowed | | Object: 5622 Villa Victoria Ave North Las Vegas, NV 89031 |
Section 5 - Search Members
| Name | Office Phone # | Govt. Call Phone # | Trained as First-Aid Responder? | Trained in CFR? | Assignments |
| :--: | :--: | :--: | :--: | :--: | :--: |
| Steven M. Goldner | 702-527-7336 | | Yes | Yes | Search Coordinator |
| Todd J. Frodlund | 702-527-7313 | | Yes | No | Evidence Collector |
| Benjamin Johnson | 702-527-7325 | | Yes | No | Offender Control, General Search |
| Joy Gabonia | 702-527-7308 | | Yes | No | Photographer |
| Robert G. Aquino | 702-527-7318 | | No | No | Offender Control, General Search, Supervisor |
| Steven Ryan
Mummery | 702-527-7292 | | No | No | General Search |
Section 6 - Other Agency Assistance
| Name | Type | Phone | Assignment Types | Assignment Type
Other | Additional Info |
| :--: | :--: | :--: | :--: | :--: | :--: |
| North Las Vegas
PD | City or County Law
Enforcement | | Manage third parties, New criminal charges, Seize contraband | | |
Section 7 - Safety/Other Info
*10 http://sirs.gtwy.dcn/Search/SearchPlan/printSearchRpt.aspx?SeaRptID=6544 2/13/2017
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Exhibit 3
Exhibit 3
*12
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Fri, Sep 2, 8:13 AM Mummey No vehicles parked at the house.
He just got into a mustang with his kid
Ok he knows he has to be back so he's probably just dropping the kid off at school
Mummey You just want me to stay on the house?
Not a bad idea, as long as you can be discreet
*13
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
This is actually good... We know the kid will be gone and now we have another car we spotted him in
Donnette
*14
Messages (14) Group
Details
To: Ben, Robert, Sunny & 4 more...
Mummey He got out too quick for me to follow him. I'll just wait for him To come back. He wasn't wearing a shirt so I don't think he's gonna do much more than drop the
*15
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Don't follow him Don't flood the street. Just one car off in the distance is enough Thanks
Robert... Ben is leaving the car keys in the g ride on the seat
Mummey Can someone make sure we have extra gloves?
Robert Hernandez Yes Sunny Cascio For Todd? Haha! Jk.
*16
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
???
Mummey Last time Todd went barehanded and got more than he was expecting
Robert Hernandez Why for Todd?
Sunny Cascio
Mummey Got an unknown male in the house
*17
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Donnette
Red shirt, blue jeans
Mummey He's returned
Alone?
Mummey Yes
No Child. Third party is still in the home.
Robert Hernandez Who's calling dispatch to let them know we are searching?
*18
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Can we get the north Las Vegas guys to do that at when we meet at Sean Patrick's?
Robert Hernandez Steve?
Of course. Driving right now we're almost there
We tried calling dispatch but they're experiencing a high call volume and would not pick up
Mummey Friday at 9 am is a high Crime time
*19
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Donut time. I'd be eating donuts right now if I were a cop. 点点
Shameful there's no donut emoji.
We are here with Ochoa now... He is telling dispatch
Ben Johnson Ochoa calling dispatch.
His crew is running a little late.... They will be here at 9:30
Mummey Oon I not ammannan
*20
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Can I get someone to take my place for 5 minutes. I drank too much coffee this morning apparently
Who else has an inconspicuous car? I don't want a lot of traffic on that street it's a cul-de-sac.
Robert Hernandez Where are the car keys
Ben Johnson Front seat of car
Robert Hernandez Ok
*21
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Patrick Burns PB I'm in route now
What is Patrick driving?
Patrick Burns PB Gray impala
Mummey can you tell us where exactly you are parked... We can try to quickly scoop you up
Mummey Up by the second culdesac behind a old ford pickup. Opposite side of the street of the house
*22
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Ok let's have Donnette stay in the car... Sunny will grab you really quick
Mummey Right where the street bends
Ok I'll jump out and walk back away from The house when she passes
Robert Hernandez On our way
*23
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more... Mummey No change. Still the unknown 3rd party in the house.
Unknown if the female is present as we haven't seen her yet
The mustang is parked on the first street across from the house. Has a paper registration
Ok I confirmed the BI website... He is home
So he is ridin in a brand new mustang?
Mummey
*24
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Mummey
Yeah.
And he has it parked in such a way that we wouldn't think it was his?
Mummey
Yep
If you see a silver Nissan Sentra with Texas plates we got a problem...
Black male just drove into the pub and was eyeballing us
Mummey No sign of that
*25
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Hopefully he was just a patron... Keep an eye out for him
Fri, Sep 2, 12:08 PM Robert Hernandez Where we going for lunch?
Farmer brothers on centenial - per Steve.
Ben Johnson Farmer brothers. Ann west to Centenial, right Centenial winds around to Tropical on corner
Fri, Sep 2, 1:44 PM
*26
Messages (14) Group Details
To: Ben, Robert, Sunny & 4 more...
Patrick or any one else who photographed the guns... Please send me pies
Patrick Burns Will do. How soon do you need them? They're on the search camera.
Todd watson Did you get mine yet?
Fri, Sep 2, 5:22 PM Got nothin from Todd
Todd watson I tried twice, will try again
*27
Exhibit 4
Exhibit 4
*28
Date Description
Post Conviction: SEARCH Entry in chronos by Cascio, Sunny: Assisted in search of the offender's residence. SUSPO Johnson and SrUSPO Goldner, At first, Jones only reported one other male was present in the residence. Ultimately he told the controlling officers there were three males in the back bedroom. As noted in SUSPO Fredlund's chronological entry,
After clearing the main front room,
The 38MAs were turned over to NLVPD as they wanted to question them, as it was discovered they are all felons, confirmed gang members, and suspects in recent shootings.
Once the 3 black males were turned over to NLVPD Officers,
Regarding the search, Located several rolls of tinfoil, several small squares of tinfoil, and a small digital scale in the master bedroom. The scale was hidden in a plastic bin of clothing, and appeared to have marijuana residue on it. Photographed foil and scale, but did not confiscate the items. Nothing found in baby's room, living room, or kitchen.
09/01/2016 Post Conviction: Assignment and submission of investigation regarding Violation by Officer Goldner, Steve on the same day. It was conducted under the jurisdictional authority of the Court. The offender was convicted of a Class C Felony under the Criminal Citation 18:922G.F. (UNLAWFUL TRANSPORT OF FIREARMS - ETC.). 12C Warrant Request.
09/01/2016 Post Conviction: C-LE, C-CEC Entry in chronos by Nilo, Joe: Received an email from Det. Ochoa with more detail information regarding the incident on Monday August 29, 2016. The incident report was forwarded to Sr.USPO Goldner on this date.
09/01/2016 Post Conviction: GEN-STAFF Entry in chronos by Goldner, Steve: Staffed case with Chief Boardman and SUSPO Johnson. Permission was obtained to conduct a search on Jones on September 1, 2016.
*29 Date
Post Conviction: C-LE Entry in chronos by Goldner, Steve: Received report from NLVPD officer Ochoa indicating that Jones was involved in a fight in front of his residene during the same time period that his bracelet was broken off.
The report also indicated that Jones brandished a firearm. 09/01/2016 Post Conviction: CT-12C Entry in chronos by Stegman, Laura: 12C filed: JA, CD, and AUSA notified. 08/31/2016 Post Conviction: WC-NEG Entry in chronos by Dickinson, Diane: UA Negative. 08/30/2016 Start of new Residence address for this client - valid up to today. Via Victoria Street North Las Vegas, Nevada 89031 702-541-4411 (Phone Mobile)
08/30/2016 Post Conviction: LMP-KA, PT Entry in chronos by Goldner, Steve: Contacted Jones on this evening atfter received an unauthorized leave. O answered the phone and went on Facetime to show me the receiver. O was out for 36 minutes before he returned.
*30
All Entries Redacted
*31
08/29/2016
- Post Conviction: PH, CEP, LMP-KA, BA
Flags: Noncompliance Entry in chronos at 02:07 by Goldner, Steve: Strap tamper and proximity tamper at 2 AM today. Goldner received a phone call back from Mr. Jones at approximately 4:30 AM. He claimed that his son was wrestling with him and broke the bracelet. I spoke with him briefly and then told him somebody would be at the house very soon.
I went to the home at about 6 AM. Mr. Jones was sitting on the front porch with about five females and a little boy about 10 years old
I obtained the broken bracelet from his mother. The bracelet had a busted clip and it appeared that it was yanked and broken from the transmitter. I cannot possibly see how a child could've done that. There was no visible injury to his leg either. It was my believes that he was tampering with the bracelet
Mr. Jones smelled heavily of alcohol. I conducted a breathalyzer on him and he registered 181 alcohol content He admitted to taking three shots of a hard apple apple flavored liquor I installed the bracelet back onto his wrist, because he complained of being shot in both legs. I asked him several times and he kept saying yes that's where he wanted it installed. Jones then told me that his mother's boyfriend will not let him stay at the home anymore. He introduced me to one of his baby mother's named Trolise. I obtained her address at 5622 Villa Victoria Ave. in North Las Vegas. I told him an officer would get by there today to check it out. Right now he needed to sober up before he did anything
I spoke with him his mother and Trolise a while about his alcohol issues. I told him we were not done talking about this and I will get back in touch with him soon. Officer was leaving town so had to get out of the house rather quickly. It is my believe that Mr. Jones has a severe alcohol issue. This is the second time catching up drinking early in the morning and his history shows quite a bit of alcohol abuse
Case was thoroughly staffed with supervisor Johnson. He will be returning to the home today to meet with Mr. Jones The offender was challenged on the absurdity of the story. I asked him how his child could possibly have been awake at two in the morning the night before the first day of school. He stuck by his story and said it was his son. His mother and girlfriend corroborated the story
*32
Date
Description
08/29/2016 Post Conviction: C-LE, CT, GEN-STAFF Entry in chronos by Nilo, Joe: Spoke with Det. Ochoa regarding O. PO requested additional information regarding the incident. Det. Ochoa was able to check the police logs and notice several 911 calls received by police regarding loud music and a fight that happen near O's residence. PO requested a copy of the police log for the investigation. Det. Ochoa indicated he would be able to generate a report regarding the incident. Case was staff with SUSPO Johnson once again and provided him with the latest news regarding .
08/29/2016 Post Conviction: C-LE, CT, GEN-STAFF Entry in chronos by Nilo, Joe: Received a phone call from Det. Ochoa on this date. He stated he received a phone call from his Cl at 4:08 am stating was involved in a fight with another gang member and he cut his LM equipment. PO called BI to confirmed the time. According to BI, they received a tamper strap alert at approximately 2:02 am. PO spoke with SUSPO Johnson regarding the offender. SUSPO Johnson informed PO that Sr.USPO Goldner had re-installed his LM equipment around 6:00 am. No further information is known at this time.
*33
Date
Description
08/28/2016 Post Conviction: LMP-KA, P-VM-PO Flags: Noncompliance Entry in chronos at 10:14 by Goldner, Steve: Did not enter alert. Tried calling the offender six times. He did not answer left several voicemails I staffed it with Ben Johnson. He said he would go by in the morning if he never shows back up