DiMaggio

I. FACTS AND PROCEDURAL BACKGROUND

A. Background, Search Warrant, and Charges Jane Doe accused DiMaggio of sexually assaulting her sometime during the evening of May 7, 2022, 2 into the morning of May 8, after they had drinks together at a restaurant with Jane Doe’s husband and two of her friends. Jane Doe called the sheriff’s office on May 9 to report the sexual assault. With Jane Doe’s permission, then-Detective Sergeant Brian Hoskins used Jane Doe’s cellphone to conduct a pretext text exchange with DiMaggio to attempt to elicit an admission from DiMaggio that he sexually assaulted Jane Doe. On May 16, Detective David Gonzalez, who was at that time assigned to the sexual assault and domestic violence unit, authored an affidavit and statement of probable cause (jointly, the affidavit) to secure a search warrant for DiMaggio’s cellphone and tablet. In the statement of probable cause, Gonzalez set forth his training and experience. He stated that sexual assault perpetrators have been known to take photographs of their victims and store such images on their mobile devices. 3 He also observed that image and

1 These facts are drawn from the evidence presented during the…