IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA

APPLICATION AND AFFIDAVIT
FOR SEARCH WARRANT

THE STATE OF FLORIDA )

COUNTY-OF-SAINT LUCIE)
BEFORE ME,
/i,tJ.(Y ~ y, a Judge in and for the 19th Judicial
Circuit, personally came State Attorney I~estigator Jeff Hamrick, herein referred to as Affiant,
who being first duly sworn, deposes and says,
That Affiant is a citizen and resident of the State of Florida, and he has good reason to
believe that a certain business records located at 8144 Walnut Hill Lane, Suite 800, Dallas TX
75231, known and described as follows :
TO WIT:

Sprint Spectrum, L.P.

6480 Sprint Parkway
Overland Park, KS 66251

Being the records requested are under control of a Sprint Spectrum, L.P., and kept and
maintained at Sprint Spectrum, L.P ., their peripheral components, other electronic equipment and
devices, and storage media for full content of text messages received by or transmitted from
cellular phone assigned number 772-204-3894. These records being kept which are needed for
the investigation of crimes in violation of laws of the State of Florida prohibiting Aggravated
Battery of Law Enforcement Officer, Florida Statute Section 784.071, and Resisting an Officer
with Violence, Florida Statute Section 843.0ls.
APPLICABLE LAWS:
This search warrant is issued pursuant to Florida Statute 92.605. A response is due
within 20 business days of receipt of this search warrant unless a longer period is
stated herein.

The following provisions apply to any subpoena, court order, or search warrant issued in
compliance with the Electronic Communications Privacy Act in chapter 121
(commencing with s. 2701) of part I of Title 18 of the United States Code and that is
subject to this chapter, which allows a search for records that are in the actual or
constructive possession of an out-of-state corporation that provides electronic
communication services or remote computing services to the public, when those records
would reveal the identity of the customers using those services; data stored by, or on
behalf of, the customers; the customers' usage of those services; or the recipients or
destinations of communications sent to or from those customers.

\
Page 1of5

000 035

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA
APPLICATION AND AFFIDAVIT
FOR SEARCH WARRANT

Property Sought:

"

Address book or contact list and all data associated with the entries therein.
Call logs between the dates of April 20, 2016 through April 25, 2016.
Contents of messages concerning communications between the dates of April 20,
2016 through April 25, 20116. Also, any passwords for the account.
Location inf01mation stored on the phone revealing the phone' s whereabouts
during the time associated with the communications.
Electronic file images or encrypted files .
Any conversation, though, texting, instant messaging, e-mails, or any other forms
of communication.
Meta Data contained within any media file to include but not limited to, pictures
or video. This Meta Data location information OPS, longitude and latitude may be
imbedded with the location of where the image was produced

Grounds for Issuance:

F.S. 933.02: Property constitutes evidence relevant to proving that a felony has
been committed.

Experience and Basis of Knowledge of Affidavit:

Affiant is a certified law enforcement officer in the State of Florida and is currently
employed as an Investigator for the State Attorney in the 19th Judicial Circuit of Florida
serving Indian River, Martin, Okeechobee and St. Lucie Counties with full powers of
arrest in accordance with the laws of the State of Florida. Affiant has been a State
ce1tified law enforcement officer in the State of Florida since 1994.
Through experience and training, your affiant has learned the following facts:
Over the span of my career, your Affiant has executed numerous search warrants for
contraband and/or evidence of crimes and invariably this Affiant has uncovered evidence
relating to those particular crimes through cellular telephones and text messaging data.
Furthermore, you affiant has learned that Sprint Spectrum, L.P. maintains all text
messages for a period of sixty days. Furthermore, those text messages will tend to
identify individuals with whom Demarcus Semer was in contact with at or around the
time of his contact with law enforcement. This information will provide your affiant with
invaluable investigative information and will assist in reconstructing the activities of
Demarcus Semer during the time leading up to his interaction with law enforcement.
Fmthermore, this information will assist in developing leads and identifying all
individuals whom may have information relative to this investigation.

Page 2 of5

0000 36

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA
APPLICATION AND AFFIDAVIT
FOR SEARCH WARRANT

Individuals who are involved in criminal activities, will often utilize

communication methods such as phone calls, text messages, email (via cell
phone) to plan, aid in, and complete their criminal activities.

Cell phones can be used to store and send data, such as names, phone numbers,
text messages, photographs, videos, etc.
Cell phones are often equipped with global positioning system (GPS) hardware
and software which can be used to identify and record the physical location of the
phone.
Cell phones will frequently log the physical location of the phone using GPS
information with and without the user's knowledge.
Cell phones are often equipped with the hardware and software needed to connect
with the internet via a Wi-Fi connection. Also any passwords for the account.
Individuals will utilize calls, text messages, and email to communicate meeting
times, places, amounts, and other details pertaining to their criminal activities.
Cell phones have the capability to store data, such as names, phone numbers, text
messages, pictures, etc.

The facts tending to establish the grounds for this application and the probable
cause to believe that such facts exist are as follows:
784.071 Aggravated Battery of Law enforcement Officer:
1.

The Office of the State Attorney and the Saint Lucie County Sheriffs Office, 4700 West
Midway Road, Fort Pierce, Saint Lucie County, FL are involved in an ongoing
investigation into the Use of Deadly Force by Sergeant Brian MacNaught of the Ft.
Pierce Police Department, resulting in the death of Demarcus Serner. The following
information was by obtained by this affiant through interviews with Officer Keith
Holmes, Sergeant Brian MacNaught, and Rhashad Owens.

2.

This Affiant has learned from statements given by both Holmes and MacNaught, that on
Friday April 23, 2016 Officer Keith Holmes of the Fort Pierce Police Department
conducted a traffic stof on a vehicle being driven by Demarcus Serner in the area of the
700 block of North 19t Street Fort Pierce, Florida. During his interaction with Demarcus
Serner Officer Holmes stated that he noticed a strong odor of marijuana corning from Mr.
Semer's vehicle. Office Holmes advised that he requested Mr. Serner to step out of the
vehicle in order for Mr. Holmes to further his investigation. Officer Holmes stated that
Mr. Serner repeatedly refused to come out of the vehicle. Sergeant Brian MacNaught
stated that he arrived on the scene of the traffic stop as a routine back up officer. Officer
Holmes requested several more times for Mr. Serner to exit the vehicle. Mr. Serner
refused. It appeared to Officer Holmes that the phone was activated possibly indicating
Mr. Serner was recording or attempting to record the encounter with Officer Holmes.
Officer Holmes stated that he tried to open the vehicle door; however Mr. Serner locked
the door in an effort to prevent Officer Holmes from arresting him. Officer Holmes
Page 3 of5

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA
APPLICATION AND AFFIDAVIT
FOR SEARCH WARRANT

reached through the open car window and unlocked the door; Mr. Semer again locked the
door preventing Officer Holmes from accessing the vehicle or arresting Mr. Semer.
Officer Holmes stated that after several attempts Officer Holmes was able to gain access
to the vehicle by reaching into the vehicle and unlocking the door. While this was
occurring Sergeant MacNaught opened the passenger side door of the vehicle to see if
any other persons were inside the vehicle. According to Sergeant MacN aught, the
window tint on the vehicle prevented the Sergeant from seeing inside the vehicle.
3.

Sergeant MacNaught further stated that he entered the vehicle to assist Officer Holmes in
placing Mr. Semer under arrest. Sergeant MacNaught stated that Mr. Semer shifted the
vehicle into drive and accelerated trapping Sergeant MacNaught inside the fleeing
vehicle being driven by Mr. Semer. Officer Holmes stated that as Mr. Semer shifted the
vehicle into drive and accelerated officer Holmes was struck by the open door of the
vehicle causing him to fall to the pavement. Officer Holmes advised that he saw
Sergeant MacNaught in the doorway area of the vehicle as the vehicle accelerated at a
high rate of speed southbound on North 19 Street. Officer Holmes stated that it appeared
to Officer Holmes that Sergeant MacNaught was being dragged by the vehicle. Officer
Holmes stated that he fired several rounds into the fleeing vehicle in an effort to stop of
the vehicle. Sergeant MacNaught stated that while Mr. Semer was driving the vehicle
Southbound on North 19 Street, Mr. Semer pushed and punched Sergeant MacNaught
several times in the face. During the struggle it appeared to Sergeant MacNaught that
Mr. Semer was trying to push him out of the vehicle which was traveling at a high rate of
speed. Sergeant MacNaught stated that during the struggle Sergeant MacNaught heard
several gunshots which he believed were being fired by Mr. Semer.

4.

The vehicle stopped approximately 618 feet from the location of the original traffic stop.
As the vehicle came to a stop Mr. Semer fled from the vehicle he was driving and crossed
in front of the vehicle, running towards a residence located at 515 North 19th Street.
Sergeant MacNaught stated that, as Mr. Semer reached the front yard Sergeant
MacNaught saw something in Mr. Semer's hand as Mr. Semer was running away.
Sergeant MacNaught described seeing Mr. Semer twist his body towards the direction of
Sergeant MacN aught and lifting both arms, which he recognized as an unnatural posture
for someone running. Sergeant MacNaught stated that after just hearing gunshots, seeing
an unknown item in Mr. Semer's hand, and the observing Mr. Semer twist his body
towards while lifting both arms Sergeant MacNaught believed Mr. Semer possessed a
firearm and was an imminent deadly threat to himself and/or Officer Holmes. Sergeant
MacNaught stated that he fired his service handgun striking Mr. Semer. First responding
medical personnel arrived shortly afterwards and confirmed that Mr. Semer died at the
scene. A cell phone was found near Mr. Semer's body.

5.

During the course of the investigation, your affiant learned from Mr. Rhashad Owens that
Owens received a text message from Mr. Semer from telephone number 772-204-3894
within minutes before Mr. Semer's interaction with the law enforcement officers.
Page 4 of5

'

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA
APPLICATION AND AFFIDAVIT
FOR SEARCH WARRANT

6.

Officer Holmes was transported by ambulance to Lawnwood Hospital for treatment of

several injuries to his right leg. Currently Officer Holmes is unable to walk without the
use of crutches.

WHEREFORE, affiant makes this affidavit and prays the issuance of a search warrant in
due form of law for the search of the above described place, Sprint Spectrum, L.P ., their
peripheral components, other electronic equipment and devices, and storage media for full
content of:

Address book or contact list and all data associated with the entries therein.
Call logs between the dates of March 1st, 2014 and March 26, 2014.
Contents of messages concerning communications between March 1st, 2014 and
March27th, 2014. Including any passwords for the phone.
Location information stored on the phone revealing the phone's whereabouts
during the time associated with the communications.
Electronic file images or encrypted files
Any conversation, though, texting, instant messaging, e-mails, or any other forms
of communication
Meta Data contained within any media file to include but not limited to, pictures
or video. This Meta Data location information GPS, longitude and latitude may be
imbedded with the location of where the image was produced text messages,
presently in their possession, received by or transmitted by cellular phone
assigned number 772-204-3894, which are needed for the investigation of crimes
in violation of laws of the State of Florida prohibiting Aggravated Battery of Law
Enforcement Officer 784.071.

Aff~
SWORN to and subscribed before me this

t1

day of May, 2016.

JUDGEiJlal1d for the 19th Judicial Circuit

of Florida

Page 5 of5

0000 39

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA
SEARCH WARRANT

THE STATE OF FLORIDA )

COUNTY OF SAINT LUCIE)

IN THE NAME OF THE STATE OF FLORIDA, TO ALL AND SINGULAR:

This search warrant is issued pursuant to Florida Statute 92.605. A response is due
within 20 business days of receipt of this search warrant unless a longer period is
stated herein.
The Chief of the Fort Pierce Police Department and his lawful police officers and the
Sheriff of Saint Lucie County, and his lawful deputies, Investigators for the State Attorney in the
19th Judicial Circuit of Florida, the Commissioner of the Florida Department of Law
Enforcement or any of his duly constituted agents:

WHEREAS, complaint on oath and in writing, supported by affidavit of a credible

witness, or witnesses, has this day been made before the undersigned Judge Vw
in and for the 19th Judicial Circuit, Florida, and,

"1 '-""

WHEREAS, said facts made known to and considered by me have caused me to certify
and find that the facts set forth in said affidavit show and constitute probable cause for the
issuance of this warrant and the Court being satisfied of the existence of said grounds set forth in
the affidavit in that on or in a certain business Sprint Spectrum, L.P., known and described as
follows :
TO WIT:

Sprint Spectrum, L.P.

6480 Sprint Parkway
Overland Park, KS 66251

Being the business is occupied by or under control of Sprint Spectrum, L.P., and there is now
being and kept and maintained at Sprint Spectrum, L.P ., their peripheral components, other
electronic equipment and devices, and storage media:

Address book or contact list and all data associated with the entries therein.
Call logs between the dates of April 20, 2016 through April 25, 2016.
Contents of messages concerning communications between April 20 2016 through
April 25, 2016. Including any passwords for the phone.
Location information stored on the phone revealing the phone' s whereabouts
during the time associated with the communications.
Electronic file images or encrypted files

Page l of3

n noo ~ o

IN THE CIRCUIT COURT OF THE Nil\TETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA
SEARCH WARRANT

Any conversation, though, texting, instant messaging, e-mails, or any other forms of
communication.
Meta Data contained within any media file to include but not limited to, pictures or
video. This Meta Data location information GPS, longitude and latitude may be
imbedded with the location of where the image was produced text messages,
presently in their possession, received by or transmitted by cellular phone assigned
number 772-204-3894, which are needed for the investigation of crimes in violation
of laws of the State of Florida prohibiting Aggravated Battery of Law Enforcement
Officer 782.071. These records being kept which are needed for the investigation
of crimes in violation of laws of the State of Florida prohibiting Aggravated Battery
of Law Enforcement Officer 784.071, Florida Statutes.

NOW THEREFORE, you, or either of you, with proper and necessary assistance, are
hereby commanded in the name of the State of Florida, in the daytime or in the nighttime, or on
Sunday, to enter the said business herein before specified, to there diligently search the hereindescribed premises, Sprint Spectrum, L.P., their peripheral components, other electronic
equipment and devices, and storage media for:

"
11

Address book or contact list and all data associated with the entries therein.
Call logs between the dates of April 20, 2016 through April 25, 2016.
Contents of messages concerning communications, including any passwords for the
phone.
Location information stored on the phone revealing the phone's whereabouts
during the time associated with the communications.
Electronic file images or encrypted files
Any conversation, though, texting, instant messaging, e-mails, or any other forms of
communication
Meta Data contained within any media file to include but not limited to, pictures or
video. This Meta Data location information GPS, longitude and latitude may be
imbedded with the location of where the image was produced text messages,
presently in their possession, received by or transmitted by cellular phone assigned
number 772-204-3894, which are needed for the investigation of crimes in violation
of laws of the State of Florida prohibiting Aggravated Battery of Law Enforcement
Officer 784.071.

These records being kept which are needed for the investigation of crimes in violation of laws of
the State of Florida prohibiting Aggravated Battery of Law Enforcement Officer, Florida Statute
784.071 and Resisting Officer with Violence, Florida Statute 843.01. You are further
commanded, in the event that you seize property, to make up, at the time and place of seizure, a
full, true and itemized list and inventory of all things seized and taken in duplicate, verified and

Page 2 of3

0000 ~ 1

'

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR SAINT LUCIE COUNTY, FLORIDA
SEARCH WARRANT

signed under oath by you, and then and there give and deliver the said duplicate copy thereof to
the person whom possession shall be taken, if not taken from the herein-described premises, or in
absence of any such person, to leave the same on or in the residence. The original of this warrant,
together with the original inventory shall be returned and filed with the Court having jurisdiction
as stated above within ten (10) days of the date of issuance ofthis warrant

WI1NESS by my hand and seal the "2.. -S

day of May, 2016.

X.,

JUDGE
Florida

191' Judicial Circuit of

Page 3 of3

00004?

Cont

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on Report - Memory Send

Time
Te I Ii ne
Name

Job number

369

Date

05-23 10:27am

To

18166003111

Document pages

006

Start time

05-23 10:27am

End time

05-23 10:29am

Pages sent

OL6

Status

OK

Job number

05-23-2016 10:29am
7724621214
SAO FP 19TH CIR

-1.,

'**

369

SEND SUCCESSFUL

***

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ForT Pierce, Flo:ricia 34950
(772) 465-3000
Fax (772) 462-12.'l.4

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