In re D.C. CA4/3

FACTS

I.

THE INVESTIGATION

On October 7, 2023, gunshots were reported fired “at 1:00 in the morning,” on the “700 block of Shalimar.” Ten hours later, a Costa Mesa police officer investigated the scene and “spoke with the reporting party who had called [him].” A Costa Mesa gang investigator “assisted . . . with looking through” a system of “cameras” and “file[s]” called “an Automated License Plate Reader that was installed through the city” and “use[d] to assist in investigations.” The system allowed the investigator to log in for “specific cameras [to] check for vehicles that [were] reported stolen or . . . would pass in front of [them,] . . . collect[ing] . . . license plate” information. He identified “a black Honda in the area of Wallace and Shalimar on October 7 around 1:

A.M.”

The investigator spoke with the vehicle’s owner and obtained a search warrant for the cell phone of the owner’s son. Stored in the phone, the investigator found two video recordings and several pictures.

1 All undesignated statutory references are to the Penal Code. 2 The first cell phone video “starts off with . . . [a] person in [a moving vehicle’s] front passenger seat looking towards their…