SEARCH WARRANT AFFIDAVIT Warrant No. 7682

ABSTRACT: The STATE OF CALIFORNIA – COUNTY OF MONTEREY RETURN FOR SEARCH WARRANT, signed by Officer Rachelle Lightfoot on June 13, 2013, and the SUPERIOR COURT OF CALIFORNIA County of Monterey SEARCH WARRANT, signed by the Honorable Judge Robert O’Farrell on June 5, 2013, filed June 13, 2013, Warrant No. 7682 documents are embedded. Evidence type (Penal Code § 1524) “Property or things used as a means of committing a felony” and “Property or things that are evidence that tends to show a felony has been committed, or tends to show a particular person has committed a felony.” Forensic Examiner Mark Alcock was hired by the City and began his investigation of IT Manager Steve McInchak on March 6, 2013. Based on his training and experience and forensic exam, it was his opinion that McInchak was in violation of California Code Section 502. Alcock cited the following sections:

• 502 PC: "Where the law was enacted to protect the integrity of all types and forms of lawfully created computers, computer systems, and computer data that was vital for the protection of the privacy of individuals as well as to the well being of financial institutions, business concerns and governmental agencies."

• 502 (c)(2) PC: "Knowingly accesses and without permission, takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network."

• 502 (c )(7) PC: "Knowingly and without permission accesses or causes to be accessed any computer, computer system or computer network."

Moreover, “the information systems manager was to act under administrative direction, and that the use of access codes of other employees to gain access to their e-mail and phone messages, or any computer account was prohibited except by management. Mclnchak's position was not considered a management position.” The District Attorney’s Office will make its decision to not charge or charge, as a misdemeanor or felony, McInchak based on Carmel Police Department investigative reports and/or analysis of seized items.

 

  

STATE OF CALIFORNIA- COUNTY OF MONTEREY 

RETURN FOR SEARCH WARRANT &
SEARCH WARRANT

RELATED NEWS ARTICLE:

Warrant: IT boss being watched for months

-         Alleges he copied private files

By MARY SCHLEY, The Carmel Pine Cone
Published: June 21, 2013

ADDENDUM:

 Information Systems Network Manager Job Description and Policy No. c03-01

INFORMATION SYSTEMS NETWORK MANAGER Job Description & POLICY NO. C03-01

 City Organization 05-07-13

City Organizational Structure

Source: City of Carmel-by-the-Sea, California

Fiscal Year 2013-2014

Proposed Operating Plan & Budget

May 7, 2013