Should buy the morning after pill. When an officer takes over the texting posing as the alleged victim he writes in comments jumbled and auto corrected, you shot not have had sex with me after i was knocked out. Mcdonald replied, i didnt do anything wrong, lake you told me before you started coming on to me. At that point the officer posing as the alleged victim answers, how can i come on to youfy was drunk and woozy . Mcdonald seems apprehensive and says, okay so now it seems like youre trying to set me up. I thought we had a connection and we liked each other. Mcdonald told police he had Video Surveillance of the encounter. Legal analyst steven clark says it could take more. What is going to be key is what did the witnesses see . Its not going to just be hack donald against the accuser. Aldon smith was with ray mcdonald the next day and perhaps that night. Is he going to come forward in court . Reporter clark also points out that if smith violated his dui probation by drinking, he may invoke his fifth amendment right not to incriminate himself. Mcdonalds parents told me they believe the video will be enough to clear their son. New at 6 00, a warning from the faa related to whats expected to be a pretty hot holiday toy. The agency issuing a new video which is outlining rules for flying unmanned aircraft, better known as drones. This comes just days after some 49ers fans got an up close look at how seriously police are taking these socalled drone rules. Damian trujillo is live outside Frys Electronics in san jose. Drones there among the hottest holiday items, damian. Reporter yeah, theyre getting easier and cheaper to fly. Theres one inside this store for about 70 with a camera. This frys store on brokaw in san jose stocked up on those drones because of the high demand. But there are rules as some 49ers fans found out this weekend. They can allow just about anyone to get an aerial view of pretty much anything without ever leaving the ground. But there are some serious rules when flying a drone. This is a picture i took of a drone flying over levis stadium before saturdays game. And these are some of the officers who swarmed the drones operators. Youll see a number of officers get dispatched to when we have calls relating to a drone flying at a stadium. Because we dont know if its the hobbyists, we dont know if its someone with ulterior motives. Our job is Public Safety and we want to make sure the venue is space. Reporter the air space over levis stadium is federally restricted. We want you to know before you fly. Reporter today the faa released video showing the dos and donts of flying a drone. Dont fly near people or stadiums. If need be we would have to take the drone if they dont want to comply. Reporter the owner of century uav says he tells all his customers to use common sense when deciding where to fly. Common sense, you dont fly beyond the freeway. Reporter Steve Clemens is one of his customers. Clemens also flies 747s for a living and worries about people not operating drones correctly. I would say pretty concerned. Especially in areas of high density and population and other aircraft coming into airports. You see these things flying around. Reporter drone users at levis stadium got off business a warning but faa notes anyone caught breaking the rules could face more than a warning, including big fines. And the folks over at century tell me the newer model drones come with Gps Technology that prevents them from flying into these restricted areas. As damian mentioned the faa released an entire video on the dos and donts of drone flights. This is on youtube. The faas rues include flying your drone no higher than 400 feet, never operating drones over airports, manned aircraft, stadiums or people. Also not attaching anything to the drone thats over 55 pounds. The agency has the ability to fine and a charge those who do break those rules. Just in, one of san joses fire stations is now shutting down because of mold. Fire station 16 on king road near Overfelt High School is closing due to concerns that mold could put Firefighters Health at risk. The affected firefighters will be moved to other nearby stations. Whats not clear is when the station will be officially shuttered or whether the station will be recleaned and then reopened and when. A man convicted of setting more than a dozen fires in san jose in San Francisco was back in court today. Patrick brennan pleaded guilty to ten counts of arson and several other charges. He agreed to a sentence of 40 years to life in prison. Details were part of a plea deal. The Deputy District Attorney says thats because the sentence requires brennan serve at least 30 years before hes eligible for parole, he will likely never get out. Now to a developing story in an Emergency Declaration that will provide muchneeded storm relief. Within the last hour, Governor Brown has declared a state of emergency for several parts of the state. Marin, mendocino, and san mateo are among the local counties that will now be eligible for state funds to repair roads, levees, and buildings damaged by recent storms. It opens the door for cal trans to begin requesting federal disaster funds to help to repair the millions of dollars in storm damage that surround us. And this mornings ultra high tide flooded lowlying areas around the way, including this mill valley street. Environmentalists say the socalled king tides are giving us an important glimpse into the future. Nbc bay areas Mark Matthews is live in marin county to explain that. Reporter as you know, king tides happen several times a year. Its when the sun and the moons Gravitational Forces coincide. And today it did cause some flooding. Are on highway 101 at shoreline highway intersection. Water was a little over ankle deep near the Manzanita Park and ride. This is typical in a big rainstorm. But today it was all tide water. Time lapse photography from redwood city shows the water creeping in over the rocks. Executive director of the Environmental GroupSan Francisco baykeeper says the once in a while tide today could be every day in our near future. We see what its going to look like as the bay continues to rise over the years because of climate change. Reporter a warming planet and melting glaciers has the National Academy of sciences projecting a foot of Sea Level Rise by 2030. In the San Francisco bay a lot of what has been built is on the bayshore. Including our Sewage Treatment plants, our roadways, and a lot of homes in the way of that Sea Level Rise. Reporter in the unincorporated area of greenbrae, gary walked us around his waterfront home. I dont think a foot would do much damage to begin with. And a lot of us arent sure thats going to happen. Reporter next door, tide water is already pouring out of the foundation of arlenes home. Another foot . She believes her house will be gone. Well probably have to take the whole house down and start over again. Reporter two very different responses from folks who live in the same neighborhood. Now imagine trying to get people in different counties and different cities to agree on a comprehensive Flood Control plan. Right now theres no Intergovernmental Group in charge of it. Its every county or city for itself. Reporter the baykeepers executive director says her group is trying so work with cities and counties. But she notes theres a real lack of urgency to that slowly rising water. Meteorologist rob mayeda is here with a look at how much longer these unusual conditions should last. Tracking what will be day three tomorrow with our Coastal Flood Advisory through tuesday at 3 00, localized flooding along the coast and the inner bay for these unusually high tides. They do happen this time of year right around the winter solstice as the effort is at its closest point in its path around the sun, the moon around its closest point around the earth, the two combining to max myself that gravitational pull. Another high tide tomorrow money for most of the bay area mid to late morning tomorrow about 10 55 a. M. , followed by an unusually low tide around 5 48 in the evening. Another thing to watch on the coast will be the flooding potential on the bays and beaches and some changes to the currents that come out of these harbors and bays. Rip currents unusually strong along the coast as these high tides continue. Whats helping actually is the weather. Dont have a lot of wind, certainly dont have any flooding rains making things worse. But this is something to change. This system right here will make an impact on Christmas Eve commutes around the bay area. Well talk about our next storm on the way in your microclimate forecast in a few minutes. Traffic moving again in southern marin after mudslides shut down several lanes of highway 101 this morning. The slide included mud and that large boulder you see. It took crews hours to break it up and haul it away. This happening on southbound 101 near the alexander avenue offramp. Roadway finally reopened after a sevenhour closure. No. Thes of injuries or any damage to anyones car. If you want to stay up on the date of the king tide and your weather download our nbc bay area app. You can get personalized forecasts along with realtime doppler radar. It is free if you have an apple iphone or android phone. Still ahead, he not only survived an 11story fall, hes hoping to get back to work in a matter of months. The family of a window washer outlines his incredible story of survival and the struggle his entire family is now facing. Im scott budman with a Holiday Travel warning from the tsa. Coming up, what not to bring when you go on board. I never thought id see it it doesnt happen. Its like winning the lottery. Three decades of searching come to an end. How the chp managed to reunite with a woman with her stolen car. tis the season to travel. Crowded airports, tight security, and a critical reminder from the tsa to watch what you pack. Need to remember those rules. Scott budman is live at San Jose International with more on these rules that could make that flight to grandmas house a little less stressful. Reporter youre absolutely right. The latest warning from the tsa has to do with items you should not bring with you on a plane. Heres a look at some of them and what bay area airports are doing to make your Holiday Travel a little less stressful. From the checkin gate where youll find lots of people and an occasional dog, to the security line full of long lines, Biometric Technology to avoid the lines, and a dog, its a very busy travel season. Fink, arizona. Were going to burbank. Grandma and grandpa. Reporter tsa says your holiday trip will be much faster and safer if you leave anything that looks like this behind. Just in 2014 alone, tsa has found about 2,000 guns at airports across the country. 15 of those at sfo, 7 of them at oakland, 3 of them here at san jose. Reporter theyre looking for it. And that slows things down. Which can be stressful. So san jose hired a jazz band to smooth things out. Along with henry the therapy dog. To make your travel day a little more relaxed. It just transitions them to their holiday destination. It just really reduces the stress level for everybody. Reporter so leave the hardware at home and your holiday trip will be a little more bearable. Giants fans, the panda is still here in the bay area. As far as surface presents go the tsa recommends you travel with them unwrapped in case anything shows up in the xray. The wife of a bay area window washer who survived an 11story fall says her husband is talking and in good spirits despite severe injuries. 58yearold pedro perez fell 130 feet from the top of the Sterling Bank and trust building in San Francisco last month. You remember this, he landed a toyota camry which may have broken his fall and may have saved his life. His wife and 11yearold daughter spoke for the first time publicly today. They say perez suffered a fractured pelvis, broken arm, and some brain trauma. But they are grateful that he survived. Translator first thank god for saving the life of her husbands. Truly its a miracle that hes still alive. Mom and daughter say they will spend the Christmas Holiday at the hospital and expect to move to a longterm Rehab Facility in a matter of months. This has left the family struggling to make ends meet. Theyve started a donation page on gofundme. Com. Theyre hoping to gather donations to help them make ends meet in the months ahead. Police in san leandro looking for the person they say released two pitbulls into a crowded neighborhood. Both dogs were shot and killed by police after a series of attacks. Witnesses say someone let the dogs out of a blue Toyota Pickup about 6 30 yesterday morning near the san leandro marina. The two pits killed one dog and bit a 60yearold man. The officers ultimately shot the two dogs because they feared for their lives. The dogs were so aggressive that they had to they were actually struck by some visitors at mat rina inn who had chairs nearby to help the victims. And the dogs were then run off to a separate location. Investigators say they need to talk to the people who initially released those dogs to determine whether anyone should be facing charges. A south bay charity is asking you to give a little more this year. Right now Sacred Heart Church doesnt have enough toys to provide for all the kids its trying to help this season. San jose charity planned to hand out two gifts and one book to each of the 5,800 kids who have families that have asked for help. But the charity is thousands of gifts short. Theyre asking specifically for teen gifts and of course cash donations are so valuable. We will go out and buy as we see that we are running out of toys throughout the day. We have shoppers lined up to help us out. And any level of monetary gift is really, really helpful. If you want to donate visit sacred heart on south first street and east alma avenue in san jose, or go online to nbcbayarea. Com. Search sake ret heart and donate online. An easy way to help out there. Checking in with meteorologist rob mayeda. The microclimate forecast . The forecast looking pretty good right now. Mostly clear skies as we show you a live look downtown around san jose. Fogfree for the moment. Later on approaching midnight, we should see more patchy low clouds set up around the bay area. Rainfall total, update for you, obviously way above where we should be this time of year thanks to two weeks of rain. Whats interesting when is you add up the totals around san louis reservoir, since november 1st these numbers have come up about 41 feet or about 104 billion gallons of water, 320,000 acre foot rise at san luis reservoir. The rain coming down, starting to make a difference there in reservoirs, starting to continue to rise. Were not adding to them right now but by wednesday theres a chance well see at least some rain and probably a lot more wind and cooler air rushing into the bay area. Jet stream, which is off to the north for now, will keep us dry heading into tomorrow which will set the stage for another morning of low clouds, misty skies, and a little bit of fog. For the afternoon temperatures not too bad. Tomorrow will likely be the warmest day for the rest of the week. Mid to upper 60s in the warmer spots. San francisco seeing numbers in the low to mid 60s for the north bay. Close to 70 in santa rosa, police sarnt ton, livermore. 60s to 70 on the board, all of this is going to change as the system comes in into Christmas Eve. Not only brings the rain chances on the increase as we head into wednesday afternoon but behind that cold front, air cold enough for highs in the 50s and morning temperatures in the 30s and 40s. Well have more on the impact of this next storm system and what it means for the week ahead coming up in the next half hour. Coming up, too good to last. Why youll have to learn a new area code in the future. A Christmas Present nearly 30 years in the making. How a woman was reunited with her stolen car decades after it went missing. Pg e will release thousands of email that is appear to show a questionable relationship between the utility and state regulators. It one of those email chains cpuc president Michael Peavy is said to have describe d as emotional and nuts. City officials have been critical of the cpuc with a pg e pipeline explosion killed eight people and practically leveled a peninsula neighborhood. Pg e says it plans to turn over the additional 65 thousand emails between Company Representatives and the state regulators in midfebruary. The 415 area code is synonymous with the bay area and San Francisco specifically. But the codes days are numbered. Starting in february, 628 will replace 415 for all new phone numbers in San Francisco and marin counties. The 415 area code has been issued for the last 66 years and the California PublicUtilities Commission says its running out of usable combinations because people are keeping their 415 numbers after relocating. Numbers that already start with 415 will be able to keep that prefix. The christmas miracle. A car stolen 28 years ago is returned to the original owner this morning. Our sister station in salinas was there for the reunion. Its absolutely amazing. After 28 years . I never thought this would come into my life. Reporter it was lindas first car as