08/01/2014 15:49 5033258&77 CLATSOP CIRCUIT GOUR PAGE 01101

08/0112014 16:54 t:annon Beach Police Dept lfi!X)50J43615114 P.018/022

SEARCH WARRANT
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF CLATSOP

IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF OREGON
You are hereby commanded to search the:
_ _ pel'$ons of
and/or
_xx_ premises and curtilage located in the county of Clatsop
further described as: Surf Sand Resort, 148 W. Gower, Room 3302, Cannon Beach,
Clatsop County Oregon.

For the fellowing Items but not limited to:

Blood, blood smears, blood swipes, blood spatter, hair, saliva, tissues, and other bodily
fluids, weapons, Including knives and any ether stabbing inBtruments, towels, bedding,
sheets, soap, cleaning materials, latent finger prints, clothing, hairs, fibers, trace evidence,
scene photographs, spene diagramming, indioia of occupancy, ldentifioationlperscnal
property belonging to any occupants including Jessica Smith and Alana Smith,
Identification/personal property belonging to Jessica Smith and Alana Smith; writings,
journals, diaries, Cellular phones, compuwrs and any associated computer hardware or
software, or other computer storage device.

Clatsop ColliitYkt Court Judge

SPECIAi. 6NDORSEMENT

A-1
08/01/2014 15:39 5033258677 CLATSOP CIRCUIT GOUR PAGE 02/05
OB/01 ll!014 16:54 Cannon Beach Police Dept 0:Al()5034!lS1SS4 P.019/022

lhls warrant may be executed at any time of tile !~~r nlg~_!:., ,,..
1-1·1o/ ---'°'~'-'!""~-1--''7.~-~~"""==-~~~
Date Jud e
This Warrant mllly be executed within ten (10) days from the~of it.s iHU?'&.
"ff •, • /¢ u.~:.;;;;,ii_'!;l-~~..:.:·a.~~=:;._---
Dale Judge

A-2
 IN THE CIRCUIT COURT OF THE COUNTY OF CLATSOP
FOR THE STATE OF OREGON

I, Eric Halverson, a Detective Sergeant with the Astoria Police Department, Astoria
Oregon, Hereby certify that I received the within search warrant out of the above entitled Coutt
on the !st day of August, 2014 at 3:30 p.m., and I served the same on the 1st day of August, 2014
at 6:43 p.m. at 148 W. Gower, Room 3302, Cannon Beach, Clatsop County, Oregon located in
the City of Cannon Beach, County of Clatsop, State of Oregon, by leaving a copy of the search
warrant at 148 W. Gower, Room 3302, Cannon Beach, Clatsop County, Oregon and seized the
following items:

See attached Cannon Beach Police Department Property report forms further identified with
incident number B14-1409, Crime Classification Homicide, dated 08/01/2014 at the Surf Sand
Resort Room 3302.

Eric Halverson Detective Sergeant, Astoria Police Department

Returned:~;{lt'---P',,.,='7'?""td--"-'j-_ _,_/-'--'~=I_,_(, at <i: ID A.M.! ~.

 DISTRIBUTION:

CONNECT NUMBERS I REPORTS

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 DISTRIBUTION:

CONNECT NUMBERS /REPORTS REPORT OF:

0 Property in Cuslody 0 Rec. Stolen Property o Receipt
INTAKE LOCKER NO'S. DESTRO
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if-,,~~ OWNER NAME

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CCP·CBS (Rav. 7/98)

 DISTRIBUTION:

CRIME CLASSIFICATION

CONNECT NUMBERS I REPORTS REPORT OF:

0 Property In Custody 0 Rec. Stolen Property o Recelp!
OCCURRED INTAKE LOCKER NO'S. DESTROY
0Yes ONo
LOCATION (V\tlere seized, foUnd, surrendered)

SEX DOB RES. PHONE

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NAME SEX DOB RES. PHONE

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ADDRESS RACE BUS. PHONE

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VEHICLE INFORMATION

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RELEASED TO OR RECEIVED FROM

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CCP·CB6 {Rev. 7!.JS)

 DISTRIBUTION:

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0 Property In Custody 0 Rec. Stolen Property 0 Rece!pl
REPORTEI INTAKE LOCKER NO'S. DESTROY
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REPORTING OFFICER/S DATA ENTRY

CCP·CB6 (Rev. 7199)

 IN THE CIRCUIT COURT OF THE COUNTY OF CLATSOP
FOR THE STATE OF OREGON

I, Eric Halverson, a Detective Sergeant with the Astoria Police Department, Astoria
Oregon, Hereby certify that I received the within search warrant out of the above entitled Court
on the !st day of August, 2014 at 3:32 p.m., for 148 W. Gower, Room 3102, Cannon Beach,
Clatsop County, Oregon.

The warrant is being returned, not se1ved.

Eric Halverson Detective Sergeant, Astoria Police Department

, at )?': 10 A.M.I Pi:M.

Circuit C~ge Phillip Nelson

08/01/2014 15:39 5033258577 CLATSOP CIRCUIT COUR PAGE 03/05
OB/0112014 16:54 Cannon Beach Ponce Dept 0'~5034361584 P.020/022

SEARCH WARRANT
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF CL.ATSOP

IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF ORJ:GON
You are hereby commanded to search the:
_ _ persons of
and/or
_xx_ premises and curtilage located in the County of Clatsop
further described as: Surf Sand Resort, 148 W. Gower, Room 310.2, Cannon Beach,
Clatsop County Oregon.

For the followlng items but not limited to:

Blood, blood smears, blood swipes, blood spatter, hair, saliva, tissues, and other bodily
fluids, weapons, including knives and any other stabbing instruments~ towels, bedding,
sheets, soap, cleaning materials, latent finger prints, clothing, hairs, fibers, trace evidence,
scene photographs, scene diagramming, indio!a of occupancy, identification/personal
property belonging to any occupants Including Jessica Smith and Alana Srntth,
identlficatlonfpersonal property belonging to Jessica Smith and Alana Smith; writings,
Journals, diaries, Cellular phones, computers and any associated computer hardware or ·
software, or other computer storage device.

and to saarch, eerze, photograph, end analyze the aforesaid object of the search; and

You are directed lhlllt, unless otherwise authorized by special endorsement below, this Warrant must be
executed between 7:00 AM. and 10:00 P.M. and within five (5) days of Its Issuance, and

You Bit;! further directed to make return hereof to me within five (5) days after execu«on of this mimmt
ISSUED: ,.q."''! "'~f I , 2014, at ~ : 3 2. AllM./P.M.

Clateop·co~~?o~~
Sf'ECIAL ENDORSEMENT

A·1
08/01/2014 15:39 5033258677 CLATSOP CIRCUIT GOUR PAGE 04/05
0810112014 16:55 Cannon Beach Police Dept (FAX)5(1343815ll4 P.0211022

ihls warrant may be e~eculed at any time of lh~a or nlg~A ~

q; ·I· IL( ----=<=<'--'-7."".~""""""~=---
Date Jud
This Warrant may be executed within ten (1 O) days from the date Of Its Issuance.
'K ·/·Iii tP.4.d Z: ,;z, <
Date Judge U"
OB/0112014 16:54 cannon Beach Police Dept lFAX)SQ34361584 P.018/022

SEARCH WARRANT
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF CLATSOP

IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF OREGON

You are hereby commanded to search the:

_ _ persons of
andfor
_XX_ premises and curtilage located in the County of Clatsop

further described as: Surf Sand Resort, 148 W. Gower, Room 3302, Cannon Beach,
Clatsop County Oregon.

For the following items but not limited to:

Blood, blood smears, blood swipes, blood spatter, hair, saliva, tissues, and other bodily
fluids, weapons, Including knives and any other stabbing instruments, towels, bedding,
sheets, soap, cleaning materials, latent finger prints, clothing, hairs, fibers, trace evidence,
scene photographs, scene diagramming, indicia of occupancy, identificationfpersonal
property belonging to any occupants including Jessica Smith and Alana Smith,
identificationfpersonal property belonging to Jessica Smith and Alana Smith; writings,
journals, diaries, Cellular phones, computers and any associated computer hardware or
software, or other computer storage device.

and to search, seize, photograph, and analyze the aforesaid object of the search; and

Clatsop CoUJ1tYClilt Court Judge

SPECIAi. ENDORSEMENT

A-1
08/0112014 16:54 cannon Beach Police Dept I)'AX)5034361584 P.019/022

This Warrant may be executed at any time of the~~or nlg~

~-1-1<./
Date
ct53__:.
7'-~
---J""u""d'il"e~~~~---

This Warrant may be executed within ten (10) days fro. m the~atof its is~UUE\Jlepee.
'i5 •I - I'/ t'./'2 - '7'. ...-?~
""'"-"""'91-""'-''"-'-'"""'..;;;..----
Date Judge

A-2
0810112014 16:54 Cannon Beach Police Dept (1'AX)5034361584 P.020/022

SEARCH WARRANT
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF CLATSOP

IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF OREGON
You are hereby commanded to search the:
_ _ persons of
and/or
_xx_ premises and curtilage located in the County of Clatsop
further described as: Surf Sand Resort, 148 W. Gower, Room 3102, Cannon Beach,
Clatsop County Oregon.

For the following items but not limited to:

Blood, blood smears, blood swipes, blood spatter, hair, saliva, tissues, and other bodily
fluids, weapons, including knives and any other stabbing instruments, towels, bedding,
sheets, soap, cleaning materials, latent finger prints, clothing, hairs, fibers, trace evidence,
scene photographs, scene diagramming, indicla of occupancy, identification/personal
property belonging to any occupants including Jessica Smith and Alana Smith,
identification/personal property belonging to Jessica Smith and Alana Smith; writings,
journals, diaries, Cellular phones, computers and any associated computer hardware or
software, or other computer storage device.

and to search, seize, photograph, and analyze the aforesaid Object of the search; and

Yau are directed that, unless otherwise authorized by special endorsement below, this Warrant must be
executed between 7:00 AM. and 10:00 P.M. and within five (5) days of its issuance, and

Yau are further directed to make return hereof to me within five (5) days after execution of this warrant
ISSUED: /-tt--714~± I , 2014, at 3: 3 ::Z. ~.IP.M.

Clatsop Co~lZt z~~

SPECIAL ENDORSEMENT

A-1
os10112014 16:55 cannon Beach Police Dept (FAX)5034301584 P.0211022

This Warrant may be executed at any time of t~he or night. 4

"6' • I . I L/ ______:_ 7: dib=:.
Date Jud

This Warrant may be executed within ten (10) days from the date of its issuance.
'jj- /-It/
Date Judge
o04.zi Z: cz,,,L.-
08101/2014 16:45 Cannon Beach Police Dept (F A.1{)5034361584 P.001/022

Fax To:bwnCu~
Fax: 503· 3d5 - 't)(o 7 7
Phone:

Date: ~ 1 Id-O \ L(

Cannon Beach Police Department

PO Box 368, Cannon Beach, OR 97110
Phone: 503-436-2811 Fax: 503-436-1584

The information in this email and attachments is privileged and confiden-

tial. It is intended only for the use ofthe individual to whom it is ad-
dressed. Ifyou have received this communication in error, you are hereby
notified that your review, dissemination or copying the information is pro·
hlbited.
0810112014 16:45 cannon Beach Police Dept (FAX)5034361584 P.0021022

1 State of Oregon ) AFFIDAVIT OF PROBABLE CAUSE FOR

2 ISSUANCE OF SEARCH WARRANT.
3 County of Clatsop )
4
5 I, Eric Halverson, being first duly sworn on oath, depose and say that:

7 '.I'hat I am a sworn Police Officer with the Astoria Police Department, Astoria,
8 Oregon, and am eligible to make application for search warrants. I am currently a
9 Sergeant with the Astoria Oregon Police Department. I have worked as a police
10 officer with the Astoria Police Department since November of 1998. I have received
11 training through the Department of Public Safety Standards and Training in the State
12 of Oregon and currently hold Advanced and Supervisory Police Certificates. I
13 attended the Oregon Basic Police Academy from January 18, 1999 through March 26,
14 1999. Prior to full time appointment, I served as a reserve police officer for
15 approximately one year with the Astoria Police Department. As a reserve Officer I
16 was given on the job training while working with full-time officers. I was also an
17 Astoria Oregon Police Cadet for approximately four years. As a cadet I accompanied
l8 full-time officers on patrol and was able to observe multiple aspects of law
19 enforcement. That in addition to the aforementioned certifications, I was certified as a
20 NFP A (National Fire Protection Association) Operations Level Responder, and an
21 NFPA Hazardous Materials Technician in September of2012, and that I am currently
22 a member of the Oregon State Fire Marshall's Region 11 Hazardous Materials
23 Incident Response Team. In addition to the listed experience, I earned an Associate of
24 Science degree in criminal justice from Clatsop Community College in Astoria,
25 Oregon in 1997. From November of2001 through January of2006 I was assigned as
26 the Astoria Police Department General Crimes Detective. As the detective I was a
27 member of the Clatsop County Multi Disciplinary Child Abuse Team. As a member of
28 the Multi Disciplinary Child Abuse Team I worked with and attended regular meetings
29 with other professionals. I was also a member of the Clatsop County Major Crime
30 Team and have worked with other detectives on investigations involving homicide,
31 suicide, sexual abuse, rape, sodomy, kidnapping, burglary, criminal mistreatment and
32 robbery.

1
08/0112014 16:46 cannon Beach Police Dept (FAX)5034361584 P.003/022

1 In September 2008 r was reassigned to the Astoria Police Department Detective

2 position.
3
4 On 12/01/2008 I was promoted to the rank of Sergeant with the Astoria Police
5 Department.
6
7 In February of2013 I was assigned to the Astoria Police Department Detectives
8 Position as a Detective Sergeant.
9
IO That in addition to the above listed experience, I have attended additional trainings
11 including, but not limited to the following:
12
13 September 24th.25th, 2001 r attended a Child Abuse and Homicide class at the
14 Clatsop Community College in Astoria, Oregon, where I received training Jn various
15 forms of child abuse including investigative techniques, interviewing, and child
16 homicide investigation.
17
18 November 6th - 9th, 2001 I attended the Western Regional Symposium on Child
19 Abuse and Sexual Assault (SCAR Conference) in Eugene Oregon, where I received
20 training in various areas of child abuse recognition and investigative techniques.
21
22 December 3rd .7th, 2001, I attended the 2001 Major Crimes Conference in
23 Canyonville Oregon, where I received training in difficult investigations including
24 abductions, crime scene investigations, homicide investigations, evidence collection,
25 documentation and resource information.
26
27 January 21't - 25th, 2002 I attended the 2002 San Diego Children's Hospital
28 Conference on Child and Family Maltreatment In San Diego California, where I
29 received instruction in various areas oflaw enforcement, including international child
30 abduction, online investigation of child exploitation, child fatality investigation, infant
31 death investigation, missing children investigation, school threat assessment, sexual

2
0610112014 16:46 Cannon Beach Police Dept 1)'~5034361584 P.0041022

abuse victim disclosure and interview, school bullying, crime scene and suspect
2 interviewing, and decreasing risk and increasing protective factors for kids.
3
4 April 24th.26'\ 2002 I attended the 3rd Annual Child Abuse Summit in Portland
5 Oregon, where I received training regarding interviewing, evidence collection in
6 sexual assault investigations, and other topics related to child abuse investigations.
7
8 November 5th _gth, 2002 I attended the 2002 Western Regional Symposiwn on Child
9 Abuse and Sexual Assault (SCAR Conference) in Eugene Oregon, where I received
10 instruction on domestic violence, the Federal Bureau oflnvestigations crimes against
11 children program, missing and abducted children investigations for the initial
12 responder, and Investigating Internet Crimes Against Children (ICAC).
13
14 March 18th of2003 I attended The Attorney General's Sexual Assault Taskforce
15 Sexual Assault Training Institute on non-stranger sexual assault response and
16 investigation.
17
18 April 30th 2003 through May 2nd 2003 I attended Child Abuse Summit in :Portland
19 Oregon where I received instruction in physical abuse and neglect, child abuse injury
20 and reconstruction, how predators manipulate professionals, female sex offenders,
21 psychopaths, and investigation and prosecution of serious physical abuse.
22
23 November 4th.7th, 2003 I attended the Western Regional Symposium on Child Abuse
24 and Sexual Assault (SCAR), and MDT training day in Eugene Oregon, where I
25 received instruction in interviewing special populations, Understanding compliant
26 child victims, Interviewing and interrogating the child about suspect, and the
27 investigation of suspicious burn injuries.
28
29 April 21'1-23'd,2004 l attended the Child Abuse Summit and Family Violence
30 Conference in Portland Oregon, where I received instruction in Online child sexual

3
OB/01/2014 16:47 Cannon Beach Police Dept (F A>:)5034361584 P.005/022

1 predators, advance physical child abuse investigations and child sexual abuse
2 prevention.
3
4 December 7lh.101\ 2004 I attended the Major Crimes and Homicide Investigation
5 Training Conference In Canyonville Oregon, where I received training on serial
6 murder investigations, family homicide investigation, crime scene staging by suspects
7 and analysis of Arab and Muslim mindsets as they relate to international terrorism.
8
9 July 25th.29th, 2005 I attended the Oregon Certified Medicolegal Death Investigator
10 Training course in Portland Oregon where I received 40 hours of training related to
11 death investigations.
12
13 December 6th.9th, 2005 I attended the Major Crimes and Homicide Investigation
14 Conference In Canyonvllle Oregon, where I received 24 hours of training in major
15 crimes investigations.
16
17 January 2006, I returned to the patrol division of the Astoria Police Department.
18
19 January 16th-19th, 2007, I attended the Major Crimes Training Conference in
20 Canyonville Oregon, where I received 24 hours of instruction in major crimes
21 investigation. I also gave a case presentation to the conference on a death
22 investigation I was the lead investigator on.
23
24 April 22"d·25th, 2008 I attended the Child Abuse and Family Violence Summit in
25 Portland Oregon.
26
27 October 22nd.261h, 2012 I attended the 40 hour Clandestine Laboratory Safety and
28 Operations Course, where I received training in responding to incidents involving
29 Clandestine Laboratories. During the training I was able to observe and participate in
30 the entire manufacture process of Nazi method methamphetamine production, in
31 which my training group produced methamphetamine under the supervision of a

4
OB/0112014 16:47 Cannon Beach Police Dept (FAX)5034361584 P.006/022

1 chemist and Washington State Law Enforcement. I was also trained in recognizing the
2 process of Hi-Red P (Hydriotic acid and Red Phosphorus) Methamphetamine
3 production and other clandestine drug manufacture equipment and dangers and
4 response associated with drug labs.
5
6 September 25th-2ih, 2013 I attended 20 hours of training by the Oregon Homicide
7 Investigators Association, Major Crimes Conference in Bend Oregon where I received
8 training related to specific cases from Oregon and Washington involving active
9 shooter murder investigation, serial murder investigation, family murder investigation,
10 abduction murder investigation, sexual assault of a child murder investigation, 'jane
11 doe" murder investigation and civil litigation issues for law enforcement.
12
13 Through my education and association with the Astoria Police Department I have
14 received instruction in many phases of police work, including, but not limited to
15 assaults, thefts, burglaries, and deceased person calls, including homicide, suicide and
16 natural deaths. I am a certified Deputy Medical Examiner for the County of Clatsop in
17 the State of Oregon. I have also received instruction regarding child abuse
18 investigation up to and resulting in death. I have participated in the execution of
19 search warrants for crimes of homicide, robbery, criminal mischief, forgery, illegal
20 drugs, sexual crimes, burglary and arson. I have personally observed drugs like tar
21 heroin, cocaine, methamphetamine, and marijuana. I have observed the manner in
22 which these different drugs are packaged and paraphernalia commonly associated with
23 the illegal drug trade.
24
25 That on 08/01/2014 at about 09:59 hrs. I received a text message on my cellular
26 phone from Senior Deputy District Attorney Dawn Buzzard of the Clatsop County
27 District Attorney's Office, advising me that Lieutenant Chris Wilbur of the Cannon
28 Beach Police Department had requested that the Clatsop County Major Crime Team had
29 been requested to respond to assist him with an investigation.
30
31 On 08/01/2014 at about 10:03 hrs. I contacted Lieutenant Chris Wilbur by

5
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1 telephone. Lieutenant Wilbur told me that Cannon Beach Police had responded to a call
2 and discovered a deceased baby and a woman with a slit throat. Lieutenant Wilbur
3 believed at that time that the woman with the slit throat was the mother of the deceased
4 baby. He advised me that the woman was still alive and being transported by Medix:
S Ambulance.
6
7 On 08/01/2014 at about 10:09 hrs. I received a call from Lieutenant Wilbur who
8 advised me that he was responding to the scene located at Surfsand Resort, 148 W.
9 Gower St. Cannon Beach, Clatsop County Oregon. Lieutenant Wilbur advised me that
10 since our last conversation he had learned that the person previously believed to be the
11 mother was actually the 13 year old sister of the deceased infant, and that the 13 year old
12 female had her throat cut but was still alive. Lieutenant Wilbur told me that he had
13 secured the scene and has a police officer standing by at the location for security. He told
14 me that the infant remains in the room located at Surf Sand Resort, 148 W. Gower, Room
15 3302, Cannon Beach, Clatsop County Oregon.
16.
17 On 08/01/2014 at about 11; 11 hrs. I attended an information briefing at Cannon
18 Beach Police Department where I and other detectives from the Clatsop County Major
19 Crimes Team and learned the following information.
20
21 Cannon Beach Police Chief Jason Schermerhorn stated during the briefing that he had
22 responded to a report, with Cannon Beach Fire Department of a disoriented female in a
23 room atthe Surf Sand Resort, 148 W. Gower, Room 3302, Cannon Beach, Clatsop
24 County Oregon.
25
26 Chief Schermerhorn stated that the 13 year old victim identified as Alana Smith (
), hereafter identified as Alana, told him that "we" had put the baby in the
28 bathtub while the infant was sleeping. Chief Schennerhorn said that Alana told him that
29 they, (believed to be Alana and her mother) were afraid that their dad (Alana and
30 infant's) was going to do something to them.
31

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1 Chief Scheimerhom stated that Alana reported that her mother had left this location Surf
2 Sand Resort, 148 W. Gower, Room 3302, Cannon Beach, Clatsop County Oregon. In a
3 gold color Chevrolet Tahoe.
4
5 Chief Schetmerhorn advised me that Alana was found in bed next to a deceased infant,
6 and that the baby was already in a state ofrigor mortis. Chief Scheimerhom told me that
7 Alana was in the bed nude and that she had cuts to each side of her throat and that she
8 had lost a lot of blood. He told me that Alana was transported by Medix Ambulance to
9 Providence Seaside Hospital, Seaside, Clatsop County Oregon, where she was being
10 transferred to Life Flight, which I know to be a medical transport helicopter that ls
J1 utilized specifically for patients in critical condition.
12
13 Chief Schermerhorn told me that Surf Sand Resort, 148 W. Gower, Cannon Beach,
14 Clatsop County Oregon, staff had provided him with infonnation that the person who
IS rented the room had provided the name of Jessica Smith.
16
17 Chief Schermerhorn told me that Jessica Smith had reportedly on 07129/2014 rented a
18 room at Surf Sand Resort, 148 W. Gower, Room 3102, Cannon Beach, Clatsop County
19 Oregon.
20
21 Chief Schermerhorn told me that Jessica Smith had requested to change to a different
22 room on 07/30/2014 and was moved to Surf Sand Resort, 148 W. Gower, Room 3302,
23 Cannon Beach, Clatsop County Oregon.
24
25 Lieutenant Wilbur told me that he utilized information from the Surf Sand Resort
26 registration including the home address provided, which was incorrect, and the cell phone
27 number listed for Jessica Smith in a computer database called TLO which contains
28 information nationally on individuals. The database is available to law enforcement. I
29 have personally used TLO and have been successful in identifying individuals with very
30 limited information. Lieutenant Wilber said when he did this that he located an entry for
31 Jessica Smith. The entry in TLO had the same phone number listed on the infoimation as

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0810112014 16:49 Cannon Beach Police Dept (FAX)5034361584 P.0091022

the phone number provided by the woman who identified herself to Sutf Sand Resort,
2 148 W. Gower, Cannon Beach, Clatsop County Oregon, as Jessica Smith. The address
3 listed by Jessica Smith to Surf Sand Resort, 148 W. Gower, Room Cannon Beach,
4 Clatsop County Oregon, was 600 SE 177th Ave. Vancouver Washington 98683.
s
6 Lieutenant Wilbur told us that he obtain~d information for Jessica Smith
through National Crime Information Computer (NCIC) and found that Jessica
8 Smith has a driver's license in the state ofWashlngton which lists an address of 188 E.
9 Broadway St. Goldendale Washington 98620.
10
11 At this time Jessica Smith's ( ) whereabouts are unknown.
12
13 On 08/01/2014 at about 12:23 hrs. Detective Matt Beeson of the Oregon State Police
14 received information from Oregon State Police Detective Alex Monarch who said that
15 Life Flight, Flight Medics had told staff that Alana said that her mother drowned the
16 infant then helped Alana cut her throat. Detective Monarch advised Detective Beeson
17 that Alana's birthdate is . Detective Monarch told us dw:ing a conference call
18 that Alana had stated to medical staff that her mother drowned her two year old sister and
19 that Alana said she wanted to cut her throat and wrists cut and that her mother had
20 assisted her in doing this because her father and mother had separated in April of 2014
21 and he was seeking custody of Alana and her sister, however they did not want to live
22 with their father, and that they ''.just wanted to get out of it''. Detective Monarch said the
23 medical person described Alana as being eerily calm. Detective Monarch stated that
24 Alana said she believed her mother was going to go to the forest to kill herself.
25
26 On 08/01/2014 at about 12:35 hrs. Detective Sergeant Jason Gooding of the Seaside
27 Police Department told me the following information. In the course of the investigation
28 he spoke with employees of Surf Sand Resort, 148 W. Gower St., Cannon Beach, Clatsop
29 County Oregon. Who told Wm that today (08/01/2014) between approximately 09:40 and
30 09:45 hrs. they had gone to the room located at Su1fSand Resort, 148 W. Gower, Room
31 3302, Cannon Beach, Clatsop County Oregon, so that they could clean it.

8
0810112014 16:50 Cannon Beach Police Dept (FAX)5034361584 P.0101022

1
2
3 On 08/01/2014 Detective Ryan Humphrey of the Clatsop County Sheriff's Office told me
4 that he received infonnation from Detective Melissa Wykes from the Klickitat County
5 Washington Sheriff's Office. Detective Wykes told Detective Humphrey that Alana's
6 dad, Gregory Smith is a radiology manager in Klicitat County Washington and yesterday
7 his wife Jessica Smith sent a 15 page letter to his colleagues via email talking about their
8 horrible marriage. Gregory Smith responded to his colleagues with an email apologizing
9 about bringing his personal matters into the work plaoe and that his attorney was working
10 to minimize further communications ofthls nature.
11
12 On 08/01/2014 at about 13:07 hrs. Lieutenant Chris Wilbur told me that he learned from
13 Chief Schermerhorn that when inside the room located at Surf Sand Resort, 148 W.
14 Gower, Room 3302, Cannon Beach, Clatsop County Oregon, he observed at least two
15 cellular telephones.
16
17 On 08/01/2014 at about13 :40 hrs. Administrative Assistant Bobbi Myers of the Cannon
18 Beach Police Department stated that Surfsand Resort located at 148 W. Gower, Cannon
19 Beach, Clatsop County Oregon called and requested to know whether they should have
20 their garbage compactor removed with regular garbage service. I advised Myers to
21 request tliat the garbage compactor not be removed as I believe there is potential that
22 evidence may have been discarded in the trash compactor. I have personally worked on
23 other death investigations in which persons have disposed of evidence in trash receptacles
24 as a way of concealing evidence.
25
26
27
28 TRAINING AND EXPERIENCE

29 I know based on my training and experience as a police officer in the investigation of

30 homicide or as&llijlt that blood transfer may occur during the commission of such cdmes.
31 I know there is often trace evidence found including blood, hairs, saliva, fibers, clothing,

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08/0112014 16:50 cannon Beach Police Dept (FAX)5034361584 P.011/022

1 clothing fibers, latent fingerprints, and other sources of DNA which result from contact
2 between the suspect and the victim, or by the suspect and/or victim with an object during
3 a homicide or assault. I know further that the Oregon State Police Forensic Laboratory
4 can make comparisons and Identifications of blood and hair removed from the victim and
5 the victim's clothing with blood and hair standards taken from a suspect to determine if
6 the items came from a common source.

7 I know based on my training and .experience that individuals who contemplate suicide
8 and homicide often conduct research on computers and reference other forms of
9 information. I also know that individuals who contemplate suicide and homicide may
IO make wiitings of their own, often to explain why they have done, what they did, and that
11 information from these various materials is vital to criminal investigators ability to piece
12 together a possible motive.

13 I know based on my training and experience that suspects of crimes often secrete
14 evidence under their control to avoid detection and/or conceal their conduct.

15 I know based on my training and experience that suspects involved in homicides or

16 assault sometime receive injuries during the attack and that these injuries can be
17 photographed and documented through photographs of the suspect's unclothed body.
18 These injuries may include, but are not limited to, cuts to the hands or bruising about the
19 body received duling the homicide or assault.

20 I know based on my training and experience that this transfer can occur under the
21 fingernails of the suspect and/or the victim of the homicide or assault. I know, based on
22 my training and experience, that members of Oregon State Police Forensic Laboratory
23 can make analysis nf fingernail scrapings from suspects and/or victims to identify their
24 source. I know based on my training and experience that the fingernail clippings are an
25 effective way of retrieving evidence found under the nails of the fingers.

26 I know, based upon my training and experience, that members of the Oregon State Police
27 Forensic Laboratory can analyze sources of DNA, including but not limited to, hairs and
28 saliva collected from buccal swabs, with evidence found upon a victim, a suspect, and at

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0810112014 16:51 cannon Beach Police Dept (F AX)50343615B4 P.0121022

1 a crime scene.

2 I know based upon my training and experience that suspects who commit the crime of
3 Criminal Homicide sometimes retain possession of the weapon that was used to conunit the
4 crime.

5 I know based on my training and experience that persons suspected of committing crimes
6 often secrete evidence under their control to avoid detection and/or conceal their conduct.
7 I know based on my training and experience that persons suspected of committing crimes
8 often remove evidence from a crime scene and move it to a separate location with the
9 intent of hiding or destroying evidence that might be used to incriminate them. I know
10 based upon my training and experience that objects used to conceal evidence of criminal
11 activities during transport are commonly used to conceal that same evidence at the
12 location where it ls disposed of and that objects used to conceal evidence, which can
13 include clothing, become evidence themselves as a result of evidence transferred from
14 one object to another.

15 I know, based upon my training and experience, saliva extracted from a person's mouth
16 using four individual buccal swabs and hairs, to include the root, taken from a person's
17 head, will provide a biological standard from which DNA can be extracted. I further
18 know, because of my training and experience, that Criminalists and Forensic Scientists
19 employed by the Oregon State Police Forensic Laboratories can compare the DNA
20 standards from persons involved in criminal incidents with human bodily fluids and
21 human shedding located at crime scenes or on items of evidentiary value. I know
22 therefore, that it is important to the accurate investigation of this murder. DNA be
23 analyzed, and compared to evidence found in the crime scene.

24 I know based upon my training and experience that the Oregon State Police has the
25 ability to videotape, photograph, diagram, measure, and visually reconstruct crime scenes
26 and locations of interest to criminal investigations. I know based upon my training and
27 experience that the information gleaned from such activities is valuable and relevant to
28 thorough and accurate investigations.

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0810112014 16:51 Cannon Beach Police Dept (FAX)S034361 584 P.0131022

I r know from my training, experience, and conversations with other law

2 enforcement officers that in cases of homicides and other person-to-person violent crimes
3 that trace evidence may be transferred from one human body to another and that certain
4 evidence may be found on the body and/or the clothing of the suspect and victim. I know
5 from my training, experience, and conversations with other law enforcement officers that
6 in cases of homicides and other person-to-person violent crimes that the victim and
7 suspect may receive injuries from one another, the suspect from assaulting and the victim
8 from defending themselves.
9
I0 I know from my training, experience, and communication with other law
II enforcement officers that suspects involved in criminal activities and crimes to include,
12 criminal homicide, may make attempts, when possible, to conceal evidence, to destroy
13 evidence, to alter evidence, or distance themselves completely from any other items
14 which may, through an investigation, show an association to the victim, thereby directly
15 connecting the suspect to the crime.
16

17 I know from my training and communication with other law enforcement officers that
18 those that commit crimes including (Aggravated Murder and Attempted Aggravated
19 Murder) often use computer devices; and that computer forensic exams performed by
20 trained law enforcement personnel can retrieve extensive information, including copies
21 of emails sent and received, photos, videos, records and traces of websites that were
22 visited, and other information that can help identify evidence in crimes, suspects in
23 crimes, criminal activities, the owner and primary users of a certain computer or
24 computer type device; and that this can be done even after there have been attempts to
25 delete the information.

26 That computer forensic exams can uncover a very large amounts of information, and
27 that to search through all of that information can take weeks or months.
28 That the analyzing of computer type devices is a highly technical process that usually
29 requires expert and experienced skills and that the process be done in a controlled
30 environment.

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08/0112014 16:52 cannon Beach Police Dept (FAX)5034361584 P.014/022

1 That infonnation stored on computer type devices can be hidden, destroyed, tampered
2 with from remote locations; compressed, password protected, encrypted; and also have
3 destructive code imbedded in the system as a "booby trap" by owners or users of the
4 device.

5 That the tenn "computer type devices" is used to describe any and all computer
6 equipment including any electronic devices which are capable of collecting, analyzing,
7 creating, displaying, converting, storing, concealing, or transmitting electronic,
8 magnetic, optical or similar computer impulses or data. These devices include but are
9 not limited to any data-processing hardware (such as central processing units, memory
Io typewriters, self-contained "laptop", "notebook", or "tablet" type computers); internal
11 and peripheral storage devices (such as fixed disks, external hard disks, floppy disk
12 drives and diskettes, tape drives and tapes, optical storage devices, flash drive type
13 memory drives, and other memory storage devices); peripheral input/output devices
14 (such as keyboards, printers, scanners, plotters, video display monitors, and optical
15 readers); and related communication devices (such as modems, cables and connections,
16 recording equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed
17 dialers, programmable telephone dialing or signaling devices, and electronic tone-
18 generating devices); as well as any devices, mechanisms, or parts that can be used to
19 restrict access to such hardware such as physical keys and locks.

20 That as used in this affidavit, the tenn "computer software" is defined as any and all
21 infonnation, including any instructions, programs, or program code, stored in the form
22 of electronic, magnetic, optical, or other media which are capable of being interpreted
23 by a computer or its related components. Computer software may also Include certain
24 data, data fragments or control characters integral to the operation of computer
25 software. These items include but are not limited to operating system software,
26 applications software, utility programs, compilers, interpreters, communications
27 software, and other programming used or intended for use to communicate with
28 computer components.

29

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0810112014 16:52 Cannon Beach Police Dept (FAX)S034361584 P.0151022

I I know that on 06/25/2014 The United States Supreme Court handed down opinions
2 in cases Riley Versus California and United States Versus Wurie. Chief Justice
3 Roberts delivered the opinion of the court in which he stated that the term cell phone is
4 itself misleading shorthand. Many of these devices are in fact mini computers that also
5 happen to have the capacity to be used as a telephone. They could just as easily be
6 called cameras, video players, roladex's, calenders, tape recorders, libraries, diaries,
7 albums, televisions, maps or newspapers. One of the most noticeable distinguishing
8 features of modem cell phones is their immense storage capacity, Chief Justice
9 Roberts opinion also characterized modern cell phones as not just another
IO technological convenience with all they contain and all they may reveal, they hold for
11 many American's "the privacy's oflife".
12
13 I know from my training and experience that cellular phones have become the virtual
14 biographer of our daily activities. In short it has become an indispensable piece of
15 evidence in a criminal investigation.
16
17 I know from my training and experience that infonnation relating to a cellular phone
18 will be found in two places; In the phone itself and in the records possessed by the
19 cellular service provider. I know that information from cellular phones may be
20 retrieved using a kiosk at the Northwest Regional Computer Forensics Laboratory
21 available to Law Enforcement and located in Portland Oregon. I have personally used
22 the equipment at the Northwest Regional Computer Forensics Laboratory and
23 successfully retrieved infonnation from Cellular Phones. That in addition to the kiosk,
24 the Astoria Police Department now possesses Secure View 3 mobile forensics
25 software that is also capable of extracting information from some cellular telephones,
26
27 That with all of this infonnation regarding cellular phones, I believe that cellular
28 phones located at Surf Sand Resort, 148 W. Gower, Room 3302, Cannon Beach,
29 Clatsop County Oregon will provide evidentlary infonnation regarding the crimes of
30 Aggravated Murder and Attempted Aggravated Murder.
31

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0810112014 16:53 cannon Beach Police Dept (FAX)5034361584 P.0161022

I I know from my training and experience that information relating to a cellular phone
2 will be found in two places; in the phone itself and in the records possessed by the
3 cellular service provider. l know that information from cellular phones may be
4 retrieved using a kiosk at the Northwest Regional Computer Forensics Laboratory
5 available to Law Enforcement and located in Portland Oregon. I have personally used
6 the equipment at the Northwest Regional Computer Forensics Laboratory and
7 successfully retrieved information from Cellular Phones. That in addition to the kiosk,
8 the Astoria Police Department now possesses Secure View 3 mobile forensics
9 software that is also capable of extracting information from some cellular telephones.
10
11 That based upon the aforementioned information I believe that evidence of the crimes of
12 Aggravated Murder, and Attempted Aggravated Murder exist and evidence thereof is
13 located at Surf Sand Resort, 148 W. Gower, Room 3302, Cannon Beach, Clatsop County
14 Oregon.
15
16 And may also be located at Surf Sand Resort, 148 W. Gower, Room 3102, Cannon
17 Beach, Clatsop County Oregon.
18
19 Therefore I make this request to search Surf Sand Resort, 148 W. Gower, Room 3302,
20 Cannon Beach, Clatsop County Oregon and Surf Sand Resort, 148 W. Gower, Room
21 3102, Cannon Beach, Clatsop County Oregon. For the following items, but not limited
22 to as they relate to the crimes of Aggravated Murder and Attempted Aggravated Murder.
23

24 Blood, blood smears, blood swipes, blood spatter, hair, saliva, tissues, and other bodily
25 fluids, weapons, including knives and any other stabbing instruments, towels, bedding,
26 sheets, soap, cleaning materials, latent finger prints, clothing, hairs, fibers, trace evidence,
27 scene photographs, scene diagramming, indicia of occupancy, identification/personal
28 property belonging to any occupants including Jessica Smith and Alana Smith,
29 identification/personal property belonging to Jessica Smith and Alana Smith; writings,
30 journals, diaries, Cellular phones, computers and any associated computer hardware or
31 software, or other computer storage device.

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08/0112014 16:53 cannon Beach Police Dept (1'~034361584 P.017/022

1
2 And to photograph, seize and analyze the aforementioned items.
3
4 Because of the scope of the search warrant and the response time of the crime lab to the
5 scene, I request a special endorsement to serve the search warrants anytime of the day or
6 night.
7
8
9
10
11
12

13

14
15
16
17
18
19 SUBSCRIBED AND SWORN to before me this_ day of _ _ _ _ 2014

20

21
22 Clatsop County Circuit Court Judge
23
24
25
26

16