Case 1:19-mj-00143-ESC ECF No. 1 filed 05/02/19 PageID.

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Continuation of Application

INTRODUCTION AND AGENT BACKGROUND

I, Michael W. Tighe, being duly sworn, hereby depose and state as follows:

1. I submit this application in support of an application for a search warrant for

information associated with a certain cellular telephone assigned call (470) 955-0097 (the

“Target Cellular Device”), that is stored at premises controlled by Verizon Wireless, a wireless

telephone service provider headquartered at One Verizon Way, Basking Ridge, NJ 07920. The

information to be searched is described in the following paragraphs and in Attachment A. This

continuation is submitted in support of an application for a search warrant under 18 U.S.C.

§ 2703(c)(1)(A) to require Verizon Wireless to disclose to the government copies of the

information further described in Section I of Attachment B. Upon receipt of the information

described in Section I of Attachment B, government-authorized persons will review the

information to locate items described in Section II of Attachment B.

2. I am a Special Agent with the United States Drug Enforcement Administration,

United States Department of Justice. I am currently assigned to the Kalamazoo Post of Duty in

the DEA’s Detroit Field Division. I have been employed with the DEA since January 2005.

During my time as a Special Agent, I have led and/or participated in multiple investigations of

unlawful drug trafficking and money laundering and, among other things, have conducted or

participated in surveillance, the execution of search warrants, debriefings of informants, reviews

of taped conversations and drug records, and investigations that included the interception of wire

and electronic communications. Through my training, education and experience, I have become

familiar with the manner in which illegal drugs are transported, stored, and distributed, the

methods of payment for such drugs, the laundering of narcotics proceeds, and the dialect, lingo,
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and coded language used by narcotics traffickers. As part of my duties as a DEA Special Agent,

I investigate criminal violations relating to narcotics trafficking offenses, including criminal

violations of the federal controlled substance laws, including, but not limited to 21 U.S.C.

§§ 841, 843, 846, 848, 952, and 963, as well as money laundering, in violation of 18 U.S.C.

§§ 1956 and 1957. I have experience with various electronic surveillance methods, the

debriefing of defendants, informants, and witnesses, as well as others who have knowledge of

the distribution, transportation, storage, and importation of controlled substances.

3. I also know from training and experience that drug traffickers frequently utilize

mobile telephones and other electronic devices, such as tablets and laptop and desktop

computers, to facilitate drug trafficking. Mobile telephones are portable, and some mobile

telecommunications service providers do not require purchasers of the devices to provide their

names and/or addresses, so drug traffickers often use the devices in an effort to avoid detection

by law enforcement. Mobile phones often contain evidence indicative of drug trafficking,

including records of incoming and outgoing calls and text messages with suppliers of drugs;

voicemail messages; photographs of drugs, co-conspirators, or currency; and, in the case of

“smart phones,” Global Positioning System (“GPS”) data indicating the location of the device at

given points in time, providing evidence that the device was in high drug-trafficking areas or

evidencing the route used in trafficking controlled substances. Additionally, drug traffickers

typically maintain and use multiple mobile phones to facilitate sales, and frequently switch

phones to evade detection by law enforcement.

4. The facts in this continuation come from my personal observations, training,

experience, and information obtained from other agents and witnesses. This continuation is

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intended to show merely that there is sufficient probable cause for the requested warrant and

does not set forth all of my knowledge about this matter.

5. Based on the facts set forth in this continuation, there is probable cause to believe

that Richard FARMER used the Target Cellular Device at least between May and August 2018.

Further, there is probable cause to believe that the historical cell site location information

associated with the Target Cellular Device, more fully described in the attachments, will

constitute evidence of a conspiracy to distribute controlled substances, 21 U.S.C. § 846,

committed by FARMER and others.

PROBABLE CAUSE TO SEARCH

6. In June 2017, detectives with the Southwest Enforcement Team (“SWET”)

initiated an investigation into Raymond Demetruis STOVALL, a/k/a “OG”, and Richard Lee

JAMES Jr., a/k/a “Lopez”, and their involvement in the distribution of large quantities of

methamphetamine (“ice”) in southwest Michigan, including Kalamazoo and Berrien counties.

STOVALL and JAMES are believed to the leaders of a drug-trafficking organization (“DTO”)

that calls itself “the Dream Team.”

7. Over the course of the investigation, investigators purchased approximately 2.4

pounds of methamphetamine during nine controlled purchases. Investigators also seized

multiple packages sent via the United States Postal Service (“USPS”), which contained pounds

of methamphetamine and were owned by the DTO. Investigators conducted wire and electronic

surveillance of the cellular devices of both STOVALL and JAMES pursuant to orders issued by

Chief Judge Robert J. Jonker under Title III. See Case No. 18-mc-59.

8. The wire and electronic surveillance has yielded evidence against STOVALL and

JAMES, as well as against their co-conspirators. One of these co-conspirators was identified as

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Richard FARMER, who used the Target Cellular Device. 1 Investigators intercepted numerous

pertinent communications involving FARMER while he was using the Target Cellular Device.

For instance, on August 24, 2018, at approximately 7:34 p.m., FARMER used the Target

Cellular Device to communicate with STOVALL regarding pounds of methamphetamine.

Below is an excerpt of the conversation:

FARMER: You get, did, did you get tight on the joints you was waitin’
on?

STOVALL: Hell nah, bitch still ain’t here man.

FARMER: Man I’m straight on them bitches!

STOVALL: Shit, bitch. Shit, bitch. Let me get one ‘em bitches man.

9. Based on my training, experience, and familiarity with the investigation, I believe

FARMER was asking STOVALL if he had received his multi pound crystal methamphetamine

shipment when he said, “Did you get tight on the joints, you was waitin’ on?” The word “joint”

has been utilized by the DTO as coded speech meaning a pound of crystal methamphetamine.

FARMER was asking if STOVALL had received a multi-pound shipment of methamphetamine.

STOVALL then said, “Hell nah, bitch still ain’t here man.” I believe STOVALL meant the

shipment of crystal methamphetamine had not yet arrived. I further believe that when FARMER

said, “Man I’m straight on them bitches,” he was indicating to STOVALL that he had pounds of

crystal methamphetamine. STOVALL’s response was, “Let me get one ‘em bitches man.” I

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FARMER was identified as the user of the Target Cellular Device as follows. The
subscriber’s address is 4300 Flat Shoals Road, Apartment 3301, Union City, Georgia. The
Accurint commercial database indicates that FARMER is associated with that address. During
intercepted communications, STOVALL refers to the user of the phone as “Rick” and the user’s
voice is male. Finally, during interaction with FBI special agents during the July 31, 2018, arrest
of Antwan MIMS, FARMER provided the number of the Target Cellular Device to the agents
as his telephone number.
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believe STOVALL meant he wanted FARMER to provide one of the pounds of crystal

methamphetamine to him.

10. Also on August 24, 2018, at approximately 8:27 p.m., FARMER again used the

Target Cellular Device to communicate with STOVALL. Below is an excerpt of the

conversation:

STOVALL: Them bitches is hit, man. At least bring one of them bitches [U/I]
to do with that bitch.

FARMER: Listen bro. I just told you, talking he had two of em coming there
nigga. [U/I] I’m coming. I told them people I’m coming. Do what
you said nigga.

STOVALL: Alright.

11. Based on my training, experience, and familiarity with the investigation, I believe

STOVALL and FARMER were discussing the distribution of two pounds of methamphetamine.

STOVALL said, “them bitches is hit, man. At least bring one of them bitches.” I believe

STOVALL was telling FARMER that he could quickly sell the methamphetamine. FARMER

responded that he is coming to STOVALL with two pounds and it will be up to STOVALL to

ensure the two pounds are sold.

12. On July 31, 2018, the FBI and the Clayton County Police Department executed a

search warrant at an apartment located at 1507 Pine Drive, College Park, Georgia. Inside, they

found FARMER and MIMS, a loaded firearm, about a pound of methamphetamine in pill form

(that appeared to be ecstasy), heroin, and an assortment of other suspected controlled substances

that were not tested due to the policy of the Georgia Bureau of Investigation laboratory. The

apartment was leased to a Demetrius Jackson, who was not present at the time of the search.

13. On August 29, 2018, FARMER was charged with conspiring to distribute

controlled substances by criminal complaint. See 18-mj-307. He was arrested the next day. A

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grand jury indicted him with the same offense in November 2018. See 18-cr-249. The Court has

scheduled a trial for May 21, 2019.

14. As part of the investigation, I applied for, and this Court issued, a warrant to

search for location information associated with the Target Cellular Device. See Case No. 18-

mj-322. That warrant only sought historical location information for the Target Cellular Device

dating back to July 28, 2018. The information produced by Verizon Wireless in response to the

warrant indicates that between July 28 and August 4, 2018, the Target Cellular Device was

utilizing towers and sectors near the 1507 Pine Drive address. The information also indicated

that the Target Cellular Device travelled between Georgia and Benton Harbor in late August

2018. I respectfully submit that there is probable cause to believe that additional historical cell

site location information associated with the Target Cellular Device prior to July 28, 2018,

would also constitute evidence of the conspiracy to distribute controlled substances.

TECHINCAL ASPECTS OF CELLULAR LOCATION

15. In my training and experience, I have learned that Verizon Wireless is a company

that provides cellular telephone access to the general public. I also know that providers of

cellular telephone service have technical capabilities that allow them to collect and generate

information about the locations of the cellular telephones to which they provide service,

including cell-site data, also known as “tower/face information” or “cell tower/sector records.”

Cell-site data identifies the “cell towers” (i.e., antenna towers covering specific geographic

areas) that received a radio signal from the cellular telephone and, in some cases, the “sector”

(i.e., faces of the towers) to which the telephone connected. These towers are often a half-mile

or more apart, even in urban areas, and can be 10 or more miles apart in rural areas.

Furthermore, the tower closest to a wireless device does not necessarily serve every call made to

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or from that device. Accordingly, cell-site data provides an approximate location of the cellular

telephone but is typically less precise than other types of location information, such as E-911

Phase II data or Global Positioning Device (“GPS”) data.

16. Based on my training and experience, I know that Verizon Wireless can collect

cell-site data about the Target Cellular Device. I also know that wireless providers such as

Verizon Wireless typically collect and retain cell-site data pertaining to cellular phones to which

they provide service in their normal course of business in order to use this information for

various business-related purposes.

17. Based on my training and experience, I know that Verizon also collects per-call

measurement data, which Verizon also refers to as the “real-time tool” (“RTT”). RTT data

estimates the approximate distance of the cellular device from a cellular tower based on the

speed with which signals travel between the device and the tower. This information can be used

to estimate an approximate location range that is more precise than typical cell-site data.

18. Based on my training and experience, I know that wireless providers such as

Verizon Wireless typically collect and retain information about their subscribers in their normal

course of business. This information can include basic personal information about the

subscriber, such as name and address, and the method(s) of payment (such as credit card account

number) provided by the subscriber to pay for wireless telephone service. I also know that

wireless providers such as Verizon Wireless typically collect and retain information about their

subscribers’ use of the wireless service, such as records about calls or other communications sent

or received by a particular phone and other transactional records, in their normal course of

business. In my training and experience, this information may constitute evidence of the crimes

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under investigation because the information can be used to identify the Target Cellular

Device’s user or users and may assist in the identification of co-conspirators.

AUTHORIZATION REQUEST

19. Based on the foregoing, I request that the Court issue the proposed search

warrant, pursuant to Federal Rule of Criminal Procedure 41 and 18 U.S.C. § 2703(c). I

respectfully submit that there is probable cause to believe FARMER has engaged in a conspiracy

to distribute controlled substances, in violation of 21 U.S.C. § 846, and further that there is

probable cause to believe the information sought by the warrant will constitute evidence of that

crime.

20. I further request that the Court direct Verizon Wireless to disclose to the

government any information described in Section I of Attachment B that is within its possession,

custody, or control. Because the warrant will be served on Verizon Wireless, who will then

compile the requested records at a time convenient to it, reasonable cause exists to permit the

execution of the requested warrant at any time in the day or night.

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ATTACHMENT A

Property to Be Searched

This warrant applies to records and information associated with the cellular telephone

assigned call number (470) 955-0097 (“the Account”), that are stored at premises controlled by

Verizon Wireless (“the Provider”), headquartered at One Verizon Way, Basking Ridge, NJ

07920.
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ATTACHMENT B

Particular Things to be Seized

I. Information to be Disclosed by the Provider

To the extent that the information described in Attachment A is within the possession,

custody, or control of the Provider, including any information that has been deleted but is still

available to the Provider or that has been preserved pursuant to a request made under 18 U.S.C.

§ 2703(f), the Provider is required to disclose to the government the following information

pertaining to the Account listed in Attachment A for the time period May 1, 2018, to August 31,

2018:

a. The following information about the customers or subscribers of the Account:

i. Names (including subscriber names, user names, and screen names);

ii. Addresses (including mailing addresses, residential addresses, business

addresses, and e-mail addresses);

iii. Local and long distance telephone connection records;

iv. Records of session times and durations, and the temporarily assigned
network addresses (such as Internet Protocol (“IP”) addresses) associated
with those sessions;

v. Length of service (including start date) and types of service utilized;

vi. Telephone or instrument numbers (including MAC addresses, Electronic

Serial Numbers (“ESN”), Mobile Electronic Identity Numbers (“MEIN”),
Mobile Equipment Identifier (“MEID”); Mobile Identification Number
(“MIN”), Subscriber Identity Modules (“SIM”), Mobile Subscriber
Integrated Services Digital Network Number (“MSISDN”); International
Mobile Subscriber Identity Identifiers (“IMSI”), or International Mobile
Equipment Identities (“IMEI”);

vii. Other subscriber numbers or identities (including the registration Internet

Protocol (“IP”) address); and

viii. Means and source of payment for such service (including any credit card
or bank account number) and billing records.
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b. All records and other information (not including the contents of communications)

relating to wire and electronic communications sent or received by the Account,

including:

i. the date and time of the communication, the method of the

communication, and the source and destination of the communication
(such as the source and destination telephone numbers (call detail
records), email addresses, and IP addresses); and

ii. information regarding the cell tower and antenna face (also known as
“sectors”) through which the communications were sent and received as
well as per-call measurement data (also known as the “real-time tool” or
“RTT” data).

II. Information to be Seized by the Government

All information described above in Section I that constitutes evidence of violations of 21

U.S.C. § 846 involving Richard FARMER or his co-conspirators during the period May 1, 2018,

to August 31, 2018.

Law enforcement personnel (who may include, in addition to law enforcement officers

and agents, attorneys for the government, attorney support staff, agency personnel assisting the

government in this investigation, and outside technical experts under government control) are

authorized to review the records produced by the Provider in order to locate the things

particularly described in this Warrant.