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IN THE THIRD DISTRICT COURT - ALL DEPARTMENT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

_________________________________________________

AFFIDAVIT FOR SEARCH WARRANT

STATE OF UTAH )
:ss
County of Salt Lake )

The undersigned affiant, Sergeant JALAINE HAWKES of Utah Highway Patrol, upon
an oath or written affidavit subscribed under criminal penalty, declares:

Your affiant has reason to believe that:

In the body of Felix Calata 1/5/1987, further described as A 31 year old Hispanic
male, approximately 5'9" and 200 lbs.;

In the City of Salt Lake City, County of Salt Lake, State of Utah, there is now certain
property or evidence described as:

Blood belonging to Felix Calata 1/5/1987.

And that said property or evidence:

Contains evidence of the crime or crimes of: Driving Under the Influence, in
violation of Utah Code Ann. Section 41-6a-502, specifically, the substance
Alcohol and/or drugs.

The facts to establish the grounds for issuance of a Search Warrant are:

Your affiant, JALAINE HAWKES, a police officer with Utah Highway Patrol, being
duly sworn, deposes and states that:

Your affiant graduated from Utah POST Academy in 2009. Your affiant received
40 hours of SFST training in the Academy. Your affiant receives ongoing SFST
training each year with UHP. Your affiant has continued further education in
Phlebotomy and ARIDE. Your affiant attended Drug Recognition Expert school in
March 2011. Your affiant completed 12 DRE exams evaluated by an Instructor
and was DRE certified October 2011. Your affiant has arrested approximately
70-100 impaired drivers. Your affiant served with the State Bureau of Investigation

- Page 1 of Affidavit for Search Warrant Warrant No. 1802461 -


from 2012 to 2017 and was called to investigate alcohol related fatalities, fraud,
narcotics cases, sexual assault cases, state liquor violations, and initiated many
other types of criminal investigations. Your affiant is currently assigned to the Salt
Lake County division of the Utah Highway Patrol.

On Sunday, March 25, 2018 at approximately 1141 hours, an eastbound Jeep


Grand Cherokee UT T806P collided with a northbound red passenger car that
ran the red light at the intersection of California Avenue and Bangerter Highway.
The license plate number of the vehicle does not return on file and we have
been unable to locate a VIN due to the damage to the vehicle. The driver of the
Grand Cherokee, Felix Calata 1/5/1987 was ejected out of the vehicle as it rolled
and an unidentified female was also ejected out of the Grand Cherokee as it
rolled. The passenger car was propelled out of the intersection and the driver was
trapped inside. Calata was transported to IMC with serious injuries. The driver
of the passenger car was extricated with serious injuries and also transported to
IMC. The female was pronounced dead at the scene of the crash. Calata had
previous contact with a Utah Department of Natural Resources (DNR) officer on
the side of the road near 5800 W 2100 S when the DNR officer stopped to inquire
what Calata was doing parked on the side of the road and picking up tires that
were on the side of the road. The DNR officer spoke to Calata as Calata got
back into his vehicle where the DNR officer contacted him again and the DNR
officer stated he saw a drug paraphernalia (pipe) in the vehicle at that time. The
DNR officer asked for Calata’s ID and asked him about the pipe at that time.
Calata stated he did not have ID and started to hand the pipe to the DNR officer.
Calata put the Grand Cherokee in drive and drove away at a high rate of speed.
The DNR officer followed without pursuing and lost sight of the Grand Cherokee
after it turned north on California Avenue from Bangerter. The DNR officer was
looking for the Grand Cherokee when he saw lots of smoke and dust behind him
at the intersection of Bangerter Highway and California Avenue. The DNR officer
arrived on scene shortly after the crash occurred and found the male suspect
laying in the grass. The female was also laying in the grass without a pulse.
The male driver of the passenger car was trapped in his car at that time. Calata
has a history of driving under the influence. Initial indicators show that this Jeep
Grand Cherokee is stolen. I believe that probable cause exists for the crimes of
Automobile Homicide 76-5-207 and Felony DUI 41-6a-503.

A warrant for a Blood draw is necessary to prevent the loss of evidence, to wit: through
dissipation of the alcohol or any other controlled substance, from the Blood.

WHEREFORE, your affiant prays that a Search Warrant be issued for the seizure of
said Blood at any time day or night, using a reasonable amount of force to obtain the
sample.

I declare under criminal penalty of the State of Utah that the foregoing is true
and correct.

- Page 2 of Affidavit for Search Warrant Warrant No. 1802461 -


Executed on: 25th day of March, 2018 @ 05:05 PM by /s/ JALAINE HAWKES

- Page 3 of Affidavit for Search Warrant Warrant No. 1802461 -


_________________________________________________________________

IN THE THIRD DISTRICT COURT - ALL DEPARTMENT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

_________________________________________________

SEARCH WARRANT

No. 1802461

COUNTY OF SALT LAKE, STATE OF UTAH

To any peace officer in the State of Utah:

Proof by Affidavit made upon oath or written affirmation subscribed under criminal
penalty of the State of Utah having been made to me by Sergeant JALAINE HAWKES
of Utah Highway Patrol, this day, I am satisfied that there is probable cause to believe

That

In the body of Felix Calata 1/5/1987, further described as A 31 year old Hispanic
male, approximately 5'9" and 200 lbs.;

In the City of Salt Lake City, County of Salt Lake, State of Utah.

Blood belonging to Felix Calata 1/5/1987.

And that said property or evidence:

Contains evidence of the crime or crimes of: Driving Under the Influence, in
violation of Utah Code Ann. Section 41-6a-502, specifically, the substance
Alcohol and/or drugs.

YOU ARE THEREFORE COMMANDED: at any time of the day or night, using
the reasonable amount of force necessary, to obtain a body fluid sample in the
form of Blood.

- Page 1 of Search Warrant No. 1802461 -


Dated: 25th day of March, 2018 @ 05:10 PM /s/

- Page 2 of Search Warrant No. 1802461 -


RETURN TO SEARCH WARRANT

NO. 1802461

The personal property listed below or set out on the inventory attached hereto was
taken from the person of Felix Calata 1/5/1987, by virtue of a search warrant dated the
25th day of March, 2018, and issued by Magistrate JOHN L BAXTER of the THIRD
DISTRICT COURT - ALL DEPARTMENT:

2 vials of venous blood from right hand by Sgt Croft

I, Sergeant JALAINE HAWKES of Utah Highway Patrol, by whom this warrant was
executed, do swear that the above listed or below attached inventory contains a true
and detailed account of all the property taken by me under the warrant, on the 25th
day of March, 2018.

All of the property taken by virtue of said warrant will be retained in my custody 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.

I declare under criminal penalty of the State of Utah that the foregoing is true
and correct.

Executed on: 26th day of March, 2018 @ 08:33 AM by /s/ JALAINE HAWKES

- Page 1 of Return of Service for Search Warrant No. 1802461 -