62-CR-SW-24-1

Filed in District Court

State of Minnesota
2/21/2024 10:08 AM

STATE OF MINNESOTA, 2"dDISTRICT COURT

COUNTY OF RAMSEY CITY OF SAINT PA'UL

STATE OF MINNESOTA ) APPLICATION FOR SEARCH WARRANT AND

) SS. SUPPORTING AFFIDAVIT.
COUNTY OF RAMSEY )

Assistant Special Agent in Charge GER VANG, being duly sworn upon oath, hereby makes
application to this Court for a warrant to search the property hereinafter described for the
information and things hereinafter described.

Affiant knows the contents of this appiication and supporting affidavit and the statements herein
are true of his/her knowledge, save as to such as are herein stated on information and belief,
and as to those, he/she believes them to be true.

Affiant has good reason to believe and does believe, that the following described property and
things, to wit:

Data contained within the cell phone, SIM card, or contained media card, to include but
not limited to text messages, email messages or files, sent or not sent, images, videos,
internet cache, and deleted data from 02/11/2024 at 0000 hours to 02/18/2024 at 2359
hours.

Any data contained on the electronic information showing ownership, possession, and
the use of the cellular phone, including, but not limited to e—mail accounts, text
messages, internet and/or social media application accounts of the time frame from
02/11/2024 at 0000 hours to 02/18/2024 at 2359 hours with a specific focus on the
content related to the officer use of deadly force investigation.

Permission to use scientifically accepted techniques to conduct a digital multimedia

examination (DME) of seized devices.

Are in or on the devices described as:

o A grey Apple iPhone in a clear case with pink flower design. (Unknown serial number or
IMEI number)

Will be at the premises, described as:

Minnesota Bureau of Criminal Apprehension

1430 Maryland Avenue East
Saint Paul, MN 55106

located in the City of Saint Paul, County of Ramsey, and State of Minnesota.

This affiant applies for the issuance of a search warrant upon the following grounds:

2
 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

5. The property above described constitutes évidence, which tends to show a crime has been
committed, or tends to show that a particular person has committed a crime.

The facts tending to establish the foregoing grounds for issuance of a search warrant are
as follows:

Your affiant is a licensed Peace Officer in the State of Minnesota and has been a sworn Peace
Officer for over thirteen years. Your Affiant is currently employed by the Minnesota Bureau of
Criminal Apprehension (BCA) and assigned to the Metro Force Investigations Unit. Your Affiant
has a Bachelor's Degree in Management from De Vry University and has attended continuing
education courses, including Officer-involved shootings and homicide investigations.

Your afiiant's previous duties included conducting criminal investigations, identifying and
documenting evidence, identifying assailants/perpetrators, conducting inten/iews,_ reviewing
cases, and filing cases for prosecution. Your affiant has investigated many felonious
investigations such as homicides, officer—involved shootings, felonious assaults,
robberies/carjacking, shootings, sexual assaults, burglaries, weapons—related offenses, various
property crimes, and narcotics violations.

Your affiant gathered the following facts from his preliminary investigation and believed the
information to be true and accurate. The following information is not all of the information
known by Your Affiant regarding the investigation. Instead, it is the necessary information to
establish probable cause for this specific warrant.

On 02/18/2024, at approximately 0150 hours, Officers from the Burnsville Police Department
were dispatched to 12605 33rd Avenue located in Burnsville, Minnesota, regarding an alleged
sexual assault allegation. Officers arrived and contacted the reporting party and a male
identified as SHANNON GOODEN. At one point during the incident, GOODEN retreated into a
bedroom and barricaded himself. Officers negotiated for GOODEN to surrender, but he did not
cooperate.

Sometime later, GOODEN opened fire at officers with what is believed to be multiple different
firearms, fatally wounding two Burnsville Police Officers and a Firefighter (Medic). Officers
returned gunfire at GOODEN and he retreated into a bedroom. Special Weapons and Tactics
Officers responded to the scene. With the use of an unmanned aerial vehicle (Drone), the
officers located GOODEN deceased in the bedroom from what appeared to be a self—inflicted
gunshot wound to the head.

The Minnesota Bureau of Criminal Apprehension was requested to investigate the incident.
During the investigation, your affiant learned that there were seven children in the residence
during the gunfire, but they were unharmed. Your affiant further learned that the biological
mother of three of the children was GOODEN's ex-girlfriend, who was later identified as NOEMl
TORRES.

On 2—20-24, your affiant interviewed TORRES. During the interview, TORRES admitted that
either during or after the shooting between law enforcement and GOODEN, TORRES was in
communication via text messages with GOODEN's current girlfriend, ASHLEY DYRDAH.
TORRES said DYRDAH told her about the incident via text messages. Your affiant asked and
 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

TORRES said that the Iast time she contacted GOODEN was between 2—12—24 and 2—13—24,
and they were texting each other. Your affiant believes that the communication between
GOODEN and TORRES between 2—12—24 and 2-13—24 could contain information to help
investigators understand the mindset of GOODEN.

Your Affiant collected TORRES' cellular phone and booked it into BCA evidence. The phone is
currently in the BCA evidence locker at 1430 Maryland Avenue E., in the city of St. Paul, County
of Ramsey, and State of Minnesota.

CELLULAR PHONE/ SMARTPHONE AS MULTlFUNCTIONAL REPOSITORIES OF

EVIDENCE:

Cellular Phones/Smart Phones and lnternet access have replaced the need for physical filing
systems. The Internet has allowed individuals to meet and connect on various applications
designed for dating, friendships, hobbies, networking, sharing life events, and more. Data
related to internet connections can be located through Internet searches, email addresses, and
other information that used to be kept on paper but is now commonly kept in a variety of
programs on the phone or removable media.

The Internet has allowed individuals to search and obtain an unlimited amount of content
through searches on commonly used search engines like Google Chrome, Internet Explorer,
Safari, and Firefox, to name a few. Images and content searched on the internet can be stored
on devices in several ways allowing them to be discovered in a forensic exam.

The mobile phone, cellular phone, cell phone, or smartphone is a long-range, portable electronic
device for mobile communication that uses a network of specialized base stations. In addition to
the standard voice function of a telephone, current mobile phones support many additional
services and accessories such as Short Message Service (SMS) for text messaging, e-mail,
memo recording, packet switching for access to the Internet, Multimedia Messaging Service
(MMS) for sending and receiving photos and video, mapping for directional information and
GPS data to indicate a user's location.

Current mobile phones may also contain Subscriber Identity Modules (SIM Cards), memory
cards, or flash memory cards for storage of data, images, and video. Contacts, call logs, and
calendar information are capable of being stored on cell phones or SIM cards. Current Mobile
phones are a repository of evidence that may record and document incidents as well as receive
records and data for storage.

Your Affiant is requesting permission to forensically examine the cellphone he collected from
TORRES. The purpose of this search warrant is to recover communication, text messages,
photographs, video, and other information that could be related to this use of deadly force
investigation for the dates of 02/11/2024 at 0000 hours to 02/18/2024 at 2359 hours.

Your affiant is requesting access to this data with the belief that the analysis of the above-
mentioned content will aid in corroborating statements made by law enforcement and others
involved in the investigation. Additionally, the evidence will assist in establishing a timeline of
the incident and potentially provide insight into the mindset of TORRES before and during the
time of the incident.

Your Affiant is requesting that said device be forensically examined at the Minnesota Bureau of
Criminal Apprehension in Saint Paul, Minnesota, County of Ramsey.
 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

NON—DISCLOSURE:

Your Affiant is also requesting a non—disclosure order as part of the search warrant. Under 18
U.S. Code § 2705 (a) Delay of Notification states: a governmental entity acting under the
—

section 2703(b) of this title may—(A) where a court order is sought, include in the application a
request, which the court shall grant, for an order delaying the notification required under section
2703(b) of this title for a period not to exceed ninety days, if the court determines that there is
reason to believe that notification of the existence of the court order may have an adverse
result. The adverse results allowed are (A) endangering the life of physical safety of an
individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D)
intimidation of potential witnesses; of (E) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.

MINNESOTA STATE STATUTE 826.085 SUBD. 4(B) REQUIREMENTS:

Minnesota State Statute 626.085 Subd. 4. Notice; temporary nondisclosure of search warrant
states:

(a) Within a reasonable time, but not later than 90 days after the court unseais the
search warrant under this subdivision, the issuing or denying judge shall cause to be
served on the persons named in the warrant and application inventory which shall
include notice of 1. The issuance of the warrant, 2. The date of issuance, denial,
approval or time period authorized, 3. Whether electronic information was collected.
(b) A searc'h warrant authorizing collection of electronic communication information must
direct that:
(1) the warrant be sealed for a period of 90 days or until the objective of the
warrant has been accomplished, whichever is shorter; and
(2) the warrant be filed with the court administrator within ten days of the
expiration of the warrant.

Thus, it is requested that notice and inventory be delayed pursuant to MSS 626.085 Subd. 4(b),
that this warrant be sealed for a period of 90 days or until the objective of the warrant has been
accomplished, whichever is shorter. Additionally, the warrant will be filed with the court
administrator within ten days of the expiration of the warrant.

lT lS ORDERED, pursuant to Minn. Stat. § 626A.42, electronic device location information

o Can only be authorized for up to 6O days, or the period necessary to achieve the
objective of the warrant, whichever is less.
o Within a reasonable time, but not later than 90 days after the court unseals the tracking
warrant, the applicant shall cause to be served on the persons named in the warrant and
the application an inventory, which shall include notice of:
4. The fact of the issuance of the warrant or the application
5. The date of the issuance and the period of authorized, approved, or disapproved
collection of location information or the denial of the application; and
6. The fact that, during the period, location information was or was not collected.
o The warrant must be sealed for a period of 90 days or until the objective of the warrant
has been accomplished, whichever is shorter
o The warrant must be filed with the court administrator within 10 days of the expiration of
the warrant.
 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

o
Following the commencement of any criminal proceeding utilizing evidence obtained in
or as a result of the search, the supporting application or affidavit must be filed either
immediately, or at any other time as the court directs. Until such filing, the documents
and materials ordered withheld from filing must be retained by the applicant.

WHEREFORE, Affiant requests a search warrant be issued, commanding Assistant

Special Agent in Charge GER VANG and Officers under his direction, (a) peace officer(s), of the
State of Minnesota, during the daytime only to search the hereinbefore described device(s) for
the described property and things and to seize said property and things and keep said property
and things in custody until the same be dealt with according to law.

WHEREFORE, Affiant requests a search warrant be issued, commanding Assistant

Special Agent in Charge GER VANG, a peace officer of the State of Minnesota, and all other
personnel under your direction and control between the hours of 7:00 a.m. and 8:00 p.m. only
to search the hereinbefore described for the described property and things and to seize said
property and things and keep said property and things in custody until the same be dealt with
according to law.

| declare under penalty of perjury that everything stated in this document is true and correct.

gm WW
Kfiiantz ASAIc GER VANG
Subscribed and sworn to before me this

day of , 2024

Time:
{lg/L
Kyle, Richard Jr. (Judge)
Feb 21 2024 9:44 AM

Judge of District Court

 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

Search Warrant

STATE OF MINNESOTA, DISTRICT COURT

COUNTY OF RAMSEY CITY OF ST. PAUL

TO: Assistant Special Agent in Charge GER VANG, (A) PEACE OFFICER(S) OF THE
STATE OF MINNESOTA.

WHEREAS, Assistant Special Agent in Charge GER VANG has this day on oath, made an
application to the said Court for issuance of a search warrant to search the following described
premise:

Minnesota Bureau of Criminal Apprehension

1430 Maryland Avenue East
Saint Paul, MN 55106

Doing business in the City of St. Paul, Ramsey County, and the State of Minnesota for the
following described property and things:

Data contained within the cell phone, SIM card, or contained media card, to include but
not limited to text messages, email messages or files, sent or not sent, images, videos,
internet cache, and deleted data from 02/11/2024 at 0000 hours to 02l18/2024 at 2359
hours.
Any data contained on the electronic information showing ownership, possession, and
the use of the cellular phone, including, but not limited to e—mail accounts, text
messages, internet and/or social media application accounts of the time frame from
02l11l2024 at 0000 hours to 02l18l2024 at 2359 hours with a specific focus on the
content related to the officer—involved shooting investigation.

Permission to use scientifically accepted techniques to conduct a digital multimedia

examination (DME) of seized devices.

Are in or on the devices described as:

n A grey Apple iPhone in a clear case with pink flower design. (Unknown serial number or
lMEl number)

NOW, THEREFORE, the Court finds that probable cause exists for the issuance of a search
warrant upon the following grounds:

1 litre—prepemI—abevedescnbed—wasstelen—eeembezzled—
2
3
4

5. The property above described constitutes evidence, which tends to show a crime has been
committed, or tends to show that a particular person has committed a crime.

The Court further finds that probable cause exists to believe that the above—described property
and things will be at the above—desCribed premises.
 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

Search Warrant

The Court further finds that a search between the hours of 7:00am and 8:00pm is authorized.

IT IS FURTHER ORDERED, pursuant to Minnesota State Statute 626.085, subd. 4(b)(1), this
search warrant authorizing the collection of electronic communication information be sealed for
a period of 90 days or until the objective of the warrant has been accomplished, whichever is
shorter;

IT lS FURTHER ORDERED, pursuant to Minnesota State Statute 626.085, subd. 4(b)(2), the
warrant be filed with the court administrator within ten days of the expiration of the warrant;

lT lS FURTHER ORDERED, pursuant to Minn. Stat. 626.085, subd. 4(d), following the
commencement of any criminal proceeding utilizing evidence obtained in or as a result of the
search, the supporting application or affidavit must be filed either immediately or at any other
time as the court directs.

IT lS FURTHER ORDERED, pursuant to Minn. Stat. § 626A.42, electronic device location

information
o Can only be authorized for up to 60 days, or the period necessary to achieve the
objective of the warrant, whichever is less.
o Within a reasonable time, but not later than 90 days after the court unseals the tracking
warrant, the applicant shall cause to be served on the persons named in the warrant and
the application an inventory, which shall include notice of:
4. The fact of the issuance of the warrant or the application
5. The date of the issuance and the period of authorized, approved, or disapproved
collection of location information or the denial of the application; and
6. The fact that, during the period, location information was or was not collected.
o The warrant must be sealed for a period of 90 days or until the objective of the warrant
has been accomplished, whichever is shorter
o The warrant must be filed with the court administrator within 10 days of the expiration of
the warrant.
o
Following the commencement of any criminal proceeding utilizing evidence obtained in
or as a result of the search, the supporting application or affidavit must be filed either
immediately or at any other time as the court directs. Until such filing, the documents
and materials ordered withheld from filing must be retained by the applicant.

Further, if the Search Warrant, Application, Affidavit of Probable Cause, and related documents,
are ordered unsealed or unsealed by operation of law the search warrant application shall,
within 90 days of the date of unsealing, provide the inventory to the subject(s) of the warrant as
required by Minn. Stat. 626.085, subd.4.

NOW, THEREFORE, YOU ASSISTANT SPECIAL AGENT IN CHARGE GER VANG THE
PEACE OFFICER(S) AFORESAID, AND ALL OTHER PERSONNEL UNDER YOUR
DIRECTION AND CONTROL ARE HEREBY COMMANDED BETWEEN THE HOURS OF 7:00
AM. AND 8:00 P.M. TO SEARCH THE DESCRIBED PROPERTY, FOR THE ABOVE—
DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS
AND TO RETAIN THEM IN CUSTODY SUBJECT TO COURT ORDER AND ACCORDING TO
LAW.
 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

Search Warrant

BY THE COURT:

Dated: February 21,2024

mu 7m: 0 u w
W /%
Kyle, Kichaxd In (Judge)

Time: JUDGE OF DISTRICT COURT

 62-CR-SW-24-1
Filed in District Court
State of Minnesota
2/21/2024 10:08 AM

STATE 0F MINNESOTA, COUNTY 0F Ramsey DISTRICT COURT

RECEIPT, INVENTORY AND REI'URN

I,
ASA'C GER VANG , received the attached search warrant issued by the
Honorable KYLE RICHARD ,on 02/21/2024 , and have exected it as follows:

Pursuant to the warrant, on 02/21/2024 , at 0900 o'clock am , l searched the following

described in the search warrant.

D Premises D Motor Vehicle D Person Device

| have left a true and correct copy ofthe search warrant (with) (in) (at)

Noemi Torres

I took into custody the property and things listed below: (attach and identify additional sheets if necessary)

Cellular Phone Digital Data Extraction Grey Apple iPhone belonging to Noemi Torres
—

CheCk the aPPVOPriat91 "I declare under penalty of perjury that

left a receipt for the property and things listed
everything have stated in this document is
|

I
above with a copy of the warrant.
true and corrECt' .. M'nn' Stat' 358'116'
.

D None of the items set forth in the search warrant

was found '
'
QM 1/
Date: 02/21/2024
D l shall retain or deliver
custody of said (S'gnature)
property as directed by court order. county: Ramsey State: MN

COPIES TO: 0 COURT 0 PROS. ATTORNEY 0 PEACE OFFICER - PREMISES/MOTOR VEHICLE/PERSON

V2.00 10/10/2018