Civil Procedures; Information for Non-Mandatory Violation Notices; Probation Compliance Review; Yosemite Courthouse Directions; Application for Search Warrant through Electronic Means; Blood Draw Search Warrant Application and Affidavit; Search Warrant through Electronic Means

=== Civil Procedures ===

UNITED STATES MAGISTRATE JUDGE HELENA BARCH-KUCHTA (HBK) Eastern District of California – Yosemite National Park 2500 Tulare Street, Courtroom 2, 8th Floor Fresno, CA 93721 Patricia Apodaca, Courtroom Deputy Office: (209) 372-8917 Email: [email protected] Teleconference Number: (669) 254-5252 Meeting Id: 160 644 7139 Passcode: 646053 Proposed Orders: [email protected] Standard Procedures for U.S. Magistrate Judge Helena Barch-Kuchta 1. Civil Law and Motion Calendar a. Hearings on motions are to be noticed for Mondays at 1:00 pm, and Fridays at 9:00 am and 1:00 pm. b. Parties are not required to clear a date or time with the courtroom deputy prior to filing your motion. Parties should list their proposed hearing date in accordance with the Local Rules. If the date conflicts with the Court’s calendar, the Court will reschedule the matter and issue an order with the new date. If parties do not hear from the Court, they should plan to attend the hearing on the date listed in their motion papers. c. Should the Court determine the matter is suitable for decision without a hearing, it will vacate the hearing date and address the motion on the briefs. See Local Rule 230(g). d. Unless granted prior approval of the Court, parties are advised that all moving and opposition briefs and/or legal memoranda filed in civil cases shall not exceed twenty- five (25) pages. Reply briefs shall not exceed ten (10) pages. These pages do not include exhibits. Parties may seek leave for additional pages through a telephonic conference with all parties, or by brief motion. e. Judge Barch-Kuchta does not issue tentative rulings. f. In keeping with the Local Rules, counsel must email to chambers email ([email protected]) all proposed orders, applications, requests, stipulations, etc., in an editable format. Per Local Rule 131(a)(c), the emailed document must include the attorney(s)’ electronic signature(s), as well as the date signed. Please include the case name and number in the subject line of all emails. 2. Scheduling Orders a. The dates set by the Court in the Scheduling Order are firm and will not be modified absent a showing of good cause, even if the parties file a stipulation to modify the schedule. Stipulations extending deadlines will not be considered unless they are accompanied by affidavits or declarations, with exhibits if appropriate, that establish good cause for granting the requested modification. 3. Scheduling Conferences a. If the Court sets a mandatory scheduling conference, the parties must file a joint scheduling conference report at least one full week (7 days) prior to the scheduling conference. The parties shall email the report, in an editable format, to chambers email ([email protected]). A template of the joint scheduling report is available at https://www.caed.uscourts.gov/caednew/assets/File/HBK/Joint%20Scheduling%20R eport%20Template%20(Rev%204-8-2024).docx. 4. Discovery Motions a. Judge Barch-Kuchta will not consider any discovery motions without prior approval in accordance with the following procedures: i. A party with a discovery dispute must confer with the opposing party in a good faith effort to resolve the motion without court action. If such effort fails, the moving party must, prior to filing a notice of motion, contact Courtroom Deputy Patricia Apodaca at [email protected] to request a pre-motion telephone conference with Judge Barch-Kuchta. The request shall be deemed to include a professional representation by the requesting party that a good-faith effort to resolve the dispute took place but failed, and it must advise the Court of dates and times when all concerned parties are available to confer. ii. The Court will issue a minute order advising counsel of the time and date of the telephone conference. iii. Prior to the telephone conference, the parties shall simultaneously file an “Informal Discovery Dispute Letter Brief,” outlining their positions regarding the dispute. The letter brief is limited to three (3) pages in length and shall be filed no later than twenty-four hours before the scheduled conference. Attachments are prohibited. iv. At the conference, the Court will discuss the issue raised and attempt to provide guidance to narrow or dispose of the dispute. The Court may announce an anticipated ruling on the dispute. If no resolution can be reached, a party may seek permission to file a formal discovery motion. v. Formal discovery hearings shall comply with Local Rule 251. Any such motion should (1) quote in full each interrogatory, deposition question, request for admission, or request for production that is in dispute, and (2) state the response or objection and grounds therefor articulated by the opposing party. Unless otherwise ordered, deposition transcripts or discovery papers are not to be filed with the Court. 5. Settlement Conferences a. Parties may contact Courtroom Deputy Patricia Apodaca to request that a magistrate judge serve as mediator in a settlement conference. Judge Barch-Kuchta will issue a pre-conference order establishing procedures and expectations for the settlement conference. This order may require a pre-conference call from each party and pre- conference telephone call with the lead attorneys.

=== Information for Non-Mandatory Violation Notices ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA YOSEMITE COURT INFORMATION FOR NON-MANDATORY VIOLATION NOTICES VIOLATIONS Many violations issued in Yosemite National Park do not require a court appearance. If your ticket indicates an appearance is optional and specifies an amount of collateral to be paid, you may pay that amount directly to the Central Violations Bureau (“CVB”) and are not required to appear in court. Please refer to the back of your violation notice for more information. Violations paid directly to the CVB are not reported on your criminal record by the CVB. Please note that moving violations are reported by CVB to your state’s Department of Motor Vehicles whether they are paid through the court or the CVB. TRAFFIC SCHOOL You may be eligible to take traffic school which may afford some protection concerning DMV points depending on your driving record, license type, and violation. Please note, to be eligible for traffic school, you must apply at least one week before your scheduled court date. You may apply at the following link: http://www.caed.uscourts.gov/traffic-school/formynp.asp CONTESTING A VIOLATION Although your violation does not require a court appearance, you have the right to appear in court to challenge your violation. You may plead not guilty and proceed to trial or plead guilty and argue mitigating circumstances to reduce the amount of your fine. Please be aware that a plea of guilty or a conviction after trial may result in a criminal conviction because most citations issued in Yosemite are Class “B” Misdemeanors. Further information about violation notices issued by CVB is available on Judge Barch-Kuchta’s homepage at the following link: https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/502311/ You have the right to have an attorney represent you. Parties wishing to contest their violation or argue mitigating circumstances are encouraged, but not mandated, to try to reach a resolution prior to appearing in court. If you choose to represent yourself or if you have retained an attorney, depending on where your violation notice was issued, you may contact the following government representative to discuss your violation and attempt to resolve your ticket without court intervention. Yosemite National Park: Legal Officer [email protected] or 209-372-0245 Stanislaus National Forest or Sierra National Forest: Michael Cone at [email protected]; and Bureau of Land Management: Kevin Lawson at [email protected] If you are seeking the assistance of an attorney, you may contact Lisa Lumeya the Federal Defender for the Eastern District of California at 559-487-5561 or [email protected]. In limited cases, a person charged with a nonmandatory collateral offense may be entitled to have an attorney appointed by the court to represent them. The Federal Defender is available to discuss your violation and explain your options with you before you appear in court. (rev. 03/2025)

=== Probation Compliance Review ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA POLICY REGARDING PROBATION COMPLIANCE REVIEW Henceforth, in all criminal cases before the undersigned in which the undersigned sentences a convicted defendant to a period of unsupervised probation, the following procedures will be followed and Orders entered consistently therewith, unless a contrary Order is issued by the court in a particular case. 1. A Review Hearing will be scheduled for a date approximately one month before the date on which the period of unsupervised probation is scheduled to end. 2. The primary purpose of the Review Hearing will be to determine whether the defendant has complied with all conditions of probation. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The defendant and counsel who represented defendant at the time of sentencing, or successor counsel for said defendant, shall be personally present at the Review Hearing in the Yosemite Courthouse of the U.S. District Court for the Eastern District of California unless the Court orders otherwise. 4. No earlier than one month prior to the date set for the Review Hearing nor later than two weeks before the date set for the Review Hearing, counsel for Defendant may serve upon counsel for the government, or said counsel’s designee, a copy of a Petition seeking to have the scheduled Review Hearing vacated or continued, stating all facts supporting the relief sought. 5. No later than ten days before the date set for the Review Hearing, counsel for the government, or said counsel’s designee, shall file with the Court and serve upon defense counsel a copy of the Petition served by defense counsel along with a statement of whether the government agrees or disagrees that the Court should grant the relief sought in the Petition. If the government disagrees with the relief sought, the government shall include with the Petition all facts warranting denial of the relief sought and describe alternative action, sought . 6. If a Review Hearing is continued by Order of the Court, the procedures set forth above shall apply in the same way with regard to each date to which the rescheduled Review Hearing is continued. 2

=== Application for Search Warrant through Electronic Means ===

AO 106A (08/18) Application for a Warrant by Telephone or Other Reliable Electronic Means UNITED STATES DISTRICT COURT for the __________ District of __________ In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address Case No. APPLICATION FOR A WARRANT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the property to be searched and give its location): located in the person or describe the property to be seized): District of , there is now concealed (identify the The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more): ’ evidence of a crime; ’ contraband, fruits of crime, or other items illegally possessed; ’ property designed for use, intended for use, or used in committing a crime; ’ a person to be arrested or a person who is unlawfully restrained. The search is related to a violation of: Code Section Offense Description The application is based on these facts: ’ Continued on the attached sheet. ’ Delayed notice of days (give exact ending date if more than 30 days: 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet. ) is requested under Applicant’s signature Printed name and title Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by (specify reliable electronic means). Date: City and state: Judge’s signature Printed name and title

=== Blood Draw Search Warrant Application and Affidavit ===

AO 93 (Rev. 11/13) Search and Seizure Warrant UNITED STATES DISTRICT COURT for the __________ District of __________ In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address) Case No. SEARCH AND SEIZURE WARRANT To: Any authorized law enforcement officer An application by a federal law enforcement officer or an attorney for the government requests the search of the following person or property located in the (identify the person or describe the property to be searched and give its location): District of I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or property described above, and that such search will reveal (identify the person or describe the property to be seized): YOU ARE COMMANDED to execute this warrant on or before (not to exceed 14 days) ’ at any time in the day or night because good cause has been established. ’ in the daytime 6:00 a.m. to 10:00 p.m. Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where the property was taken. The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an inventory as required by law and promptly return this warrant and inventory to (United States Magistrate Judge) ’ Pursuant to 18 U.S.C. § 3103a(b), I find that immediate notification may have an adverse result listed in 18 U.S.C. § 2705 (except for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose property, will be searched or seized (check the appropriate box) ’ for days (not to exceed 30) ’ until, the facts justifying, the later specific date of . . Date and time issued: City and state: Judge’s signature Printed name and title AO 93 (Rev. 11/13) Search and Seizure Warrant (Page 2) Return Case No.: Date and time warrant executed: Copy of warrant and inventory left with: Inventory made in the presence of : Inventory of the property taken and name of any person(s) seized: Certification I declare under penalty of perjury that this inventory is correct and was returned along with the original warrant to the designated judge. Date: Executing officer’s signature Printed name and title AO 106 (Rev. 04/10) Application for a Search Warrant UNITED STATES DISTRICT COURT for the __________ District of __________ In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address Case No. APPLICATION FOR A SEARCH WARRANT I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the property to be searched and give its location): located in the person or describe the property to be seized): District of , there is now concealed (identify the The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more): evidence of a crime; contraband, fruits of crime, or other items illegally possessed; property designed for use, intended for use, or used in committing a crime; a person to be arrested or a person who is unlawfully restrained. The search is related to a violation of: Code Section Offense Description The application is based on these facts: ’ Continued on the attached sheet. ’ Delayed notice of days (give exact ending date if more than 30 days: under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet. ) is requested Sworn to before me and signed in my presence. Date: City and state: Applicant’s signature Printed name and title Judge’s signature Printed name and title AFFIDAVIT As set forth in this affidavit, I, Officer Eastern District of California, employed by the I have been a sworn Law Enforcement Officer for years. The information in this affidavit is based on my personal knowledge and/or information provided to me by other law enforcement officers whom I believe to be reliable and accurate. The information in this affidavit is provided for the limited purpose of establishing probable cause. The information is not a complete statement of all facts related to this case. , am a Federal Law Enforcement Officer in the Law Enforcement Officers are investigating the crime(s) of: Operating or being in actual physical control while under the influence of alcohol, drug(s), or a combination of both Other: Which I believe was committed on the day of and circumstances described below: , within 20 , at the time of at the location of , based on the following reasons Law Enforcement Officers had the following reason(s) for initial contact or stop: The following signs of impairment were observed by officers during the Vehicle in Motion phase of investigation: 10 mph or more under the speed limit Almost striking object or vehicle Drifting Driving in opposing lanes or wrong way on one way Driving on other than designated roadway Driving without headlights at night Failure to signal or signal inconsistent with action Following too closely (tailgating) Improper or unsafe lane change Jerky or abrupt stops Slow response to traffic signals Inappropriate or unusual behavior: Stopping in lane for no apparent reason Stopping inappropriately in response to officer Stopping too far from a road edge or at a strange angle Stopping too short or beyond a limit line Straddling a lane line Swerving Turning with a wide radius Unnecessary acceleration or deceleration Varying speed Weaving across lane lines Weaving within lane Difficulty with motor vehicle controls The following signs of impairment were observed by officers during the Personal Contact phase of investigation: Difficulty exiting the vehicle Fumbling with driver license, registration, or other items Provides incorrect information or changes answers Repeating back questions or comments Slurred speech Bloodshot, glassy, and/or watery eyes watery Odors from person or vehicle: Alcohol containers or drugs/paraphernalia: Admissions of use: Other indicators of impairment observed during the personal contact: Slow to respond to officer/officer must repeat Swaying, unsteady, or balance problems Inappropriate or unusual behavior: The following signs of impairment were observed by officers during the Pre-Arrest Screening phase of investigation: Pupil Size: Normal Dilated Constricted Not Available Horizontal Gaze Nystagmus: clues of impairment present ........................................................... Not Available Vertical Gaze Nystagmus: Present Not Present Not Available Lack of Convergence: Present Not Present Not Available Walk and Turn (WAT): clues of impairment present ...................................................................... Not Available One Leg Stand (OLS): clues of impairment present ...................................................................... Not Available Modified Romberg Balance (MRB): Estimated seconds as 30 seconds Body Tremors Eyelid Tremors Sway Not Available Finger to Nose (FTN): misses during six attempts ........................................................................... Not Available Preliminary Breath Test (PBT): % BrAC .................................................................................. Not Available General indicators of impairment observed by officers: Alteration in thought formation Flashbacks Non-communicative Altered time/distance perception Flushed face Panic reactions Anxiety Goose bumps, hair standing on end Paranoia Blank stare Grinding teeth Perspiring Bloodshot eyes Hallucinations Redness/runny nasal area Body tremors Impaired memory Relaxed inhibition Confusion Incomplete verbal responses Residue of substance Cyclic behavior Increased alertness Restlessness Dazed appearance Increased appetite Sensory distortions Debris/color in mouth Increased pain threshold Slow, sluggish reactions Difficulty with speech Insomnia Slow, thick, slurred speech Disoriented Intense headaches Sudden changes in behavior Droopy eyelids Irritability/argumentative/aggressive Synesthesia Drowsiness Lack of concentration Talkative Dry mouth Lack of muscle control Uncoordinated Euphoria Memory loss Unsteady walk Exaggerated reflexes Mood changes Violent Excited Moon Walking (high steps) Warm to touch Eyelid tremors Nausea/Vomiting Watery eyes The following signs of impairment were observed by officers during the Post-Arrest phase of investigation: Intoxilyzer: % BrAC Criminal Refusal Not Available Statement by Drug Recognition Expert (DRE), if available: I have probable cause to believe there is now evidence of a crime in the body, blood, or other bodily fluid of the following person: This person is currently at this location:

=== Search Warrant through Electronic Means ===

AO 93C (08/18) Warrant by Telephone or Other Reliable Electronic Means ’ Original ’ Duplicate Original UNITED STATES DISTRICT COURT for the __________ District of __________ In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address) Case No. WARRANT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS To: Any authorized law enforcement officer An application by a federal law enforcement officer or an attorney for the government requests the search and seizure of the following person or property located in the (identify the person or describe the property to be searched and give its location): District of I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or property described above, and that such search will reveal (identify the person or describe the property to be seized): YOU ARE COMMANDED to execute this warrant on or before (not to exceed 14 days) ’ at any time in the day or night because good cause has been established. ’ in the daytime 6:00 a.m. to 10:00 p.m. Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where the property was taken. The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an inventory as required by law and promptly return this warrant and inventory to (United States Magistrate Judge) ’ Pursuant to 18 U.S.C. § 3103a(b), I find that immediate notification may have an adverse result listed in 18 U.S.C. § 2705 (except for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose property, will be searched or seized (check the appropriate box) ’ for days (not to exceed 30) ’ until, the facts justifying, the later specific date of . . Date and time issued: City and state: Judge’s signature Printed name and title AO 93C (08/18) Warrant by Telephone or Other Reliable Electronic Means (Page 2) Return Case No.: Date and time warrant executed: Copy of warrant and inventory left with: Inventory made in the presence of : Inventory of the property taken and name(s) of any person(s) seized: Certification I declare under penalty of perjury that this inventory is correct and was returned along with the original warrant to the designated judge. Date: Executing officer’s signature Printed name and title