Return On Search Warrant

FILED June 13, 2003 4:38PM

CLERK OF SUPERIOR COURT

COUNTY OF STANISLAUS

BY [signature]

DEPUTY

JAMES C. BRAZELTON

Stanislaus County District Attorney

800 11th Street, Room #200

Modesto, California 95353

(209)525-5550

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF STANISLAUS

IN RE:SEARCH WARRANT PERTAINING TO SCOTT PETERSON INVESTIGATION

RETURN ON SEARCH WARRANT

(UNDER SEAL)

I, Investigator Steven P. Jacobson, with the Stanislaus County District Attorney's Office, having this day make my return to the attached Search Warrant, say:

1. That I received the said warrant on May 28, 2003, and under its authority, thereafter on May 29, 2003, through June 5, 2003, I served said warrant upon the following telecommunication companies: AT&T Wireless, Nextel, Cingular, Sprint, and SBC. That after providing these telecommunication companies with said search warrant, I received the following:

#1-(12) faxed pages of toll information from AT&T Wireless Inc.;

#2-(2) faxed pages of subscriber information from Nextel;

#3-(8) faxed pages of subscriber information from Cingular;

#4-(4) faxed pages of subscriber information from Sprint;

#5-(15) faxed pages of subscriber information from SBC;

#6-(5) faxed pages of subscriber information from AT&T Wireless Inc.;

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#7-(1) FedEx Envelope, tracking #8400 2262 3865, with the following contents;

#8-(1) Anti-Static Media Mailer CD/DVD envelope with "Surveillance video F239466" marked on the front. The envelope contained a CD/DVD;

#9-(1) Anti-Static Media Mailer CD/DVD envelope addressed to me with "F239466" marked on the front. The envelope contained a CD containing the original toll information from (415) 990-1817;

#10-(1) AT&T Wireless envelope made out to me with "File 239466" marked on the front. The envelope contained seven (7) pages of legal documentation;

#11-(1) AT&T Wireless envelope addressed to AT&T Wireless, Hayward, California. One the backside of the envelope it reads, "Ca Latham Act (account) Paperwork, Do Not Throw Away." Inside this envelope appeared to be the Original AT&T Wireless Retail Customer Reference Checklist.

2. All the aforementioned property taken by virtue of said warrant will be retained in the custody of the Stanislaus Drug Enforcement Agency (SDEA), subject to the order of this court or of any other court in which the offense in respect to which the property or things taken is triable.

3. I request that this Return on Search Warrant be sealed and kept with the original Search Warrant and Affidavit in Support of Search Warrant, which is in the custody of the Stanislaus County Superior Court and to be disclosed only upon a showing of good cause before a judge of competent jurisdiction. As previously stated and requested in the Affidavit in Support of Search Warrant, there is reason to believe that notification to the subscriber(s), customer(s), or to any unauthorized person of the issuance of the court's Order may result in potential witnesses, possibly changing their testimony. In addition, some of the information used in this Affidavit in Support of Search Warrant has been used in previous applications to the Court, which has been ordered sealed by the reviewing Magistrate. If this Return on Search Warrant, with its Affidavit in Support of Search Warrant and Search Warrant were to be disclosed it could undermine the sealing order made by the previous reviewing Magistrate, the Honorable Judge Roger M.

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Beauchesne. Therefore, because the Affidavit in Support of Search Warrant contains confidential information, which has already been ordered sealed, I request that this Return on Search Warrant be ordered sealed as well by the magistrate in order to implement the privilege under Evidence Code section 1040, 1042 and to protect the identity of any confidential information, pursuant to the Supreme Court decision in People v. Janet Marie Hobbs (1994) 7 Cal.4th 948 and People v. Walker (1991) 230 Cal.App. 3rd.

I declare under penalty of perjury that the foregoing is true and correct.

Dated at Modesto, California, this 13th day of June 2003.

[signature]

Steven P. Jacobson

Criminal Investigator II

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ORDER

Good cause appearing therefor, IT IS ORDERED that the property described in the attached RETURN ON SEARCH WARRANT be delivered to the custody of the Stanislaus Drug Enforcement Agency (SDEA) as evidence in the criminal proceedings which has commenced, which said property is relevant and material evidence, and that disposition thereafter be made of the property according to the appropriate law(s).

IT IS FURTHER ORDERED that this Return on Search Warrant be placed with the original Search Warrant and Affidavit in Support of Search Warrant and be sealed and kept in the custody of the Stanislaus County Superior Court Clerk's Office,

Dated at Modest, California, this 13th day of June 2003.

[signature]

The Honorable Judge Michael Cummins

Judge of the Stanislaus County Superior Court

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Transcribed by HM