Full text
AO 106A (08/18)
Application for a Warrant by Telephone or Other Reliable Electronic Means
UNITED STATES DISTRICT COURT
for the
Eastern District of Wisconsin
In the Matter of the Search of
(Briefly describe the property to be searched
or identifY the person by name and address)
Records and information associated
with the cellular device
assigned
(414) 315-4416, that is in the custody or control of
US Cellular, as further described in Attachment A
)
)
)
)
)
)
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):
See Attachment A.
located in the
person or describe the property to be seized):
See Attachment
B.
________
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):
o evidence of a crime;
o contraband,
fruits of crime, or other items illegally possessed;
o 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
18 U.S.C. §§ 1349 & 1341
Offense DeSCription
Conspiracy
to commit mail fraud and mail fraud.
The application
is based on these facts:
See Attached Affidavit.
ff Continued
on the attached sheet.
if Delayed notice of ~
days (give exact ending date ifmore than 30 days:
) is requested under
18 U.S.C. § 3103a, the basis of which is set forth on the ~ed
sheet.
~~
--~,F~~~~~A~p.~~~h-·ca-n-t-s-s-ign-at-u-re--------
FBI SA David Shamsi
Printed name and title
Attested to by the applicant in accordance with the requirements
of Fed. R. Crim. P. 4.1 by
telephone
(specifY reliable electronic means).
Date:
Judge's signature
City and state:
Milwaukee, Wisconsin
Honorable William E. Duffin, U.S. Magistrate Judge
Printed name and title
23
MJ
63
5/1/2023
Case 2:23-mj-00063-WED Filed 05/01/23 Page 1 of 22 Document 1
May 01, 2023
s/ D. Olszewski
1
AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR A SEARCH WARRANT
I, David Shamsi, being first duly sworn, hereby depose and state as follows:
INTRODUCTION AND BACKGROUND
1.
I make this affidavit in support of an application for a search warrant
under Federal Rule of Criminal Procedure 41 and 18 U.S.C. § 2703(c) to authorize law
enforcement to employ electronic investigative techniques, as described in the following
attachment, to determine the location of the target cellular device assigned call number
(414) 315-4416, whose service provider is US Cellular (“Service Provider”) a wireless
telephone service provider headquartered at 8410 W Bryn Mawr Ave, Chicago, Illinois,
referred to in this affidavit as the “Target Cellular Device.” This affidavit is made in
support of up to two different search warrants to locate the phone: 1) by obtaining
information from the service provider, e.g., cell site and other precision location
information and/or 2) by utilizing a device that acts as a cell phone tower sometimes
referred to as a Cell Site Simulator or Wi-Fi geolocation device. In addition, because this
request may be construed as a Pen Register/Trap and Trace device or request, the
application for this warrant (which includes this affidavit) is intended to comply with 18
U.S.C. § 3122.
2.
I am a Special Agent with the Federal Bureau of Investigation and have
experience in the investigation, apprehension and prosecution of individuals involved in
federal criminal offenses, the use of cellular devices to commit those offenses and the
Case 2:23-mj-00063-WED Filed 05/01/23 Page 2 of 22 Document 1
2
available technology that can be used by law enforcement to assist in identifying the users
of cellular devices and their location.
3.
The facts in this affidavit come from my personal observations, training,
experience, and information obtained from other agents and witnesses. This affidavit is
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.
4.
There is reason to believe the target cellular device is currently located in
this district. The user of the Target Cellular Device, identified as Michael Anderson, is
known to spend most of their time in the Eastern District of Wisconsin. Michael Anderson
resides in the Eastern District of Wisconsin and has been observed via physical
surveillance in Milwaukee, Wisconsin as of April 28, 2023.
5.
Based on the facts set forth in this affidavit, there is probable cause to
believe that Michael Anderson is using the Target Cellular Device. Based on the facts set
forth in this affidavit, there is probable cause to believe that Anderson has violated
Section 18, United States Code, Sections 1341 & 1349 (mail fraud and conspiracy to
commit mail fraud). Anderson was charged with these crimes on April 25, 2023 and
Anderson is the subject of an arrest warrant issued on April 26, 2023. There is also
probable cause to believe that the location information described in Attachment B will
assist law enforcement in arresting Anderson, who is a “person to be arrested” within the
meaning of Federal Rule of Criminal Procedure 41(c)(4).
Case 2:23-mj-00063-WED Filed 05/01/23 Page 3 of 22 Document 1
3
COVID-19 Pandemic Unemployment Assistance Fraud
6.
On March 13, 2020, the President of the United States declared COVID-19
an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act. Congress subsequently passed the Coronavirus Aid, Relief, and Economic Security
Act (“CARES ACT”), which was signed into law by the President on March 27, 2020.
The CARES act provided over $2 trillion in economic relief protections to the American
people from the public health and economic impacts of COVID-19.
7.
Since 1935, the U.S. Department of Labor’s Unemployment Insurance (UI)
program has provided unemployment benefits to eligible workers who become
unemployed through no fault of their own. This program was enacted to provide
financial assistance to eligible workers while they sought employment. UI beneficiaries
who meet the requirements of the applicable state law are eligible for this temporary
financial assistance. Each state administers a separate UI program within the guidelines
established by federal law.
8.
The CARES Act established a new program—Pandemic Unemployment
Assistance (PUA)—to provide unemployment benefits during the COVID-19 pandemic
to people who do not qualify for regular unemployment insurance benefits including
business owners, self-employed workers, independent contractors, and those with a
limited work history who are out of business or have significantly reduced their services
as a direct result of the pandemic. Unemployment insurance benefits provided under the
Case 2:23-mj-00063-WED Filed 05/01/23 Page 4 of 22 Document 1
4
PUA program are sometimes referred to as PUA benefits. Each state’s unemployment
insurance office is responsible for distributing these benefits if available in that state.
9.
In California, the state entity responsible for administering and providing
UI and PUA benefits, is known as the Employment Development Department (EDD).
After submitting a claim and being approved for these benefits, the EDD would send a
prepaid debit card to the eligible worker’s residence, which would be preloaded with a
pre-determined amount of money depending on the individual claimant’s application.
10.
To submit a claim with the EDD, individuals must first create an account
and verify their identity using the website, ID.me. ID.me provides secure identity
proofing, authentication, and group affiliation verification for government and
businesses across sectors. The ID.me secure digital identity network has over 100 million
members, as well as partnerships with 31 states, multiple federal agencies, and over 500
name brand retailers. Each ID.me participating entity sets the level of identity
verification required to access their products, services, and/or benefits. To access EDD
benefits, claimants must register with ID.me through one of two ways: self-verification
or video call. To register via self-verification, an individual must upload a photograph
of either a driver’s license, state ID, passport, or passport card, as well as a “video selfie,”
and then provide their social security number. To register via video call, an individual
can enter their social security number into the system and then show their driver’s
license, state ID, passport, or passport card to an ID.me representative during a recorded
Case 2:23-mj-00063-WED Filed 05/01/23 Page 5 of 22 Document 1
5
video call, who then compares the identification photograph to the call participant to
confirm the individual’s identity.
Wild 100s Investigation
11.
Since June of 2020, the Federal Bureau of Investigation (FBI), in
coordination with the Milwaukee Police Department (MPD) and the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF), has been investigating identified members of
the violent street gang, Wild 100s, for federal firearms offenses and drug offenses. While
investigating these crimes, law enforcement observed numerous social media posts by
Wild 100s members indicating the gang was engaged in multiple schemes to fraudulently
obtain UI and PUA benefits and began investigating members of the gang for engaging
in mail fraud and conspiracy to commit mail fraud.
12.
During the review of the Instagram, case agents identified several instances
of the unemployment insurance fraud being committed by Michael Anderson, a Wild
100s member. One example was Anderson talking to username “fallfor_mee”, identified
as Amanda Oberg (DOB XX/XX/1997). Anderson asks Oberg for her demographics,
such as her social security number, date of birth, phone number and address. Anderson
sent a screenshot of an “id.me” identification verification page which showed Oberg’s
driver’s license which was submitted online to create a California Unemployment
Insurance application. Below are screenshots of the communications.
13.
Additionally, the Instagram account tracked log ins through specific IP
addresses and case agents determined that Anderson logged in to IP address
Case 2:23-mj-00063-WED Filed 05/01/23 Page 6 of 22 Document 1
6
76.30.226.248 to access his account. The IP address 76.30.226.248 was also the same IP
used to submit unemployment claims for 35 individuals which case agents identified as
fraudulent. Furthermore, the IP address was also accessed by other co-conspirators and
Wild 100s gang members, Chase Nanez, Ronnell Bowman, and Joel Blake to submit
fraudulent unemployment applications.
14.
It should be noted that almost all the 35 applications for unemployment
were submitted alleging that the previous employer for each applicant was “True Barber”
with a previous supervisor of “Johnathan Young”. Case agents know through the course
of the investigation that each member of the gang was instructed to use a barber shop or
cosmetology profession to apply for benefits since the face-to-face contact is more likely
to get applications approved without issues.
15.
In September 2022, law enforcement had contact with victim J.K. regarding
a vehicle theft for which Michael Anderson was the suspect and is now charged in
Waukesha County Circuit Court. J.K. provided law enforcement with the phone number
of 414-315-4416 (Target Cellular Device) as the number of Michael Anderson, who she
identified as the individual who stole her car. J.K. stated that J.K. contacted Anderson
via the Target Cellular Device to purchase drugs and that Anderson stole her vehicle as
payment for drugs.
16.
On or about December 16, 2022, a pen register trap and trace (PRTT) order
was issued in the Eastern District of Wisconsin, directing Instagram to provide the FBI
Case 2:23-mj-00063-WED Filed 05/01/23 Page 7 of 22 Document 1
7
with real-time collection of subscriber and transactional data associated with the
Instagram account, ikey4blk.
17.
Upon reviewing toll records obtained for the Target Cellular Device there
were multiple contacts between Anderson and Ronnell Bowman (his brother), Quevon
McKinnie, and Vernell Hamilton, all of which are Wild 100s aka Shark Gang members.
The Target Cellular Device was in frequent communication with Jontwon Anderson, a
known Wild 100s aka Shark Gag member and Michael Anderson’s brother, as recently
as April 27, 2023.
AUTHORIZATION REQUEST & MANNER OF EXECUTION
18.
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) and 2711.
19.
Because collecting the information authorized by this warrant may fall
within the statutory definitions of a “pen register” or a “trap and trace device,” see 18
U.S.C. § 3127(3) & (4), this application and the accompanying warrant are intended to
comply with requirements set forth in 18 U.S.C. §§ 3122-3123.
20.
In my training and experience, I have learned that cellular phones and
other cellular devices communicate wirelessly across a network of cellular infrastructure,
including towers that route and connect individual communications. When sending or
receiving a communication, a cellular device broadcasts certain signals to the cellular
tower that is routing its communication. These signals include a cellular device’s unique
identifiers.
Case 2:23-mj-00063-WED Filed 05/01/23 Page 8 of 22 Document 1
8
21.
In my training and experience, I have learned that US Cellular, is a wireless
service provider with its headquarters located within the United States and 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 cellular devices to which they provide service. That
information includes (1) E-911 Phase II data, also known as GPS data or latitude-
longitude data, (2) cell-site data, also known as “tower/face information” or cell
tower/sector records, and (3) timing advance or engineering data commonly referred to
as per call measurement data (RTT, True Call, LDBoR, or equivalent). E-911 Phase II data
provides relatively precise location information about the cellular telephone itself, either
via GPS tracking technology built into the phone or by triangulating on the device’s
signal using data from several of the provider’s cell towers. 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 or
from that device.
22.
To facilitate execution of this warrant, law enforcement may use an
investigative device or devices (sometimes referred to as a Cell Site Simulator or Wi-Fi
geolocation device) capable of broadcasting signals that will be received by the Target
Case 2:23-mj-00063-WED Filed 05/01/23 Page 9 of 22 Document 1
9
Cellular Device or receiving signals from nearby cellular devices, including the Target
Cellular Device. Such a device may function in some respects like a cellular tower, except
that it will not be connected to the cellular network and cannot be used by a cell phone
to communicate with others. The device may send a signal to the Target Cellular Device
and thereby prompt it to send signals that include the unique identifier of the device.
Law enforcement may monitor the signals broadcast by the Target Cellular Device and
use that information to determine the Target Cellular Device’s location, even if it is
located inside a house, apartment, or other building.
23.
The investigative device may interrupt cellular service of phones or other
cellular devices within its immediate vicinity. Any service disruption to non-target
devices will be brief and temporary, and all operations will attempt to limit the
interference with such devices. In order to connect with the Target Cellular Device, the
device may briefly exchange signals with all phones or other cellular devices in its
vicinity. These signals may include cell phone identifiers. The device will not complete a
connection with cellular devices determined not to be the Target Cellular Device, and law
enforcement will limit collection of information from devices other than the Target
Cellular Device. To the extent that any information from a cellular device other than the
Target Cellular Device is collected by the law enforcement device, law enforcement will
delete that information, and law enforcement will make no investigative use of it absent
further order of the court, other than distinguishing the Target Cellular Device from all
other cellular devices.
Case 2:23-mj-00063-WED Filed 05/01/23 Page 10 of 22 Document 1
10
24.
I request, pursuant to 18 U.S.C. § 3103a(b) and Federal Rule of Criminal
Procedure 41(f)(3), that the Court authorize the officer executing the warrant to delay
notice until 30 days after the collection authorized by the warrant has been completed.
This delay is justified because there is reasonable cause to believe that providing
immediate notification of the warrant may have an adverse result as defined in 18 U.S.C.
§ 2705. Providing immediate notice to the subscriber or user of the target cellular device
would seriously jeopardize the ongoing investigation. Such disclosure would give that
person an opportunity to destroy evidence, change patterns of behavior, notify
confederates, and flee from prosecution. See 18 U.S.C. § 3103a(b)(1). There is a reasonable
necessity for the use of the techniques described. See 18 U.S.C. § 3103a(b)(2). As further
specified in the attachment, which is incorporated into the warrant, the proposed search
warrant does not authorize the seizure of any tangible property. See 18 U.S.C.
§ 3103a(b)(2). Moreover, to the extent that the warrant authorizes the seizure of any wire
or electronic communication (as defined in 18 U.S.C. § 2510) or any stored wire or
electronic information, there is a reasonable necessity for that seizure. See 18 U.S.C. §
3103a(b)(2).
25.
I further request the following information from the service provider: the
installation and use of a pen register trap and trace device, beginning 30 days from the
date the warrant is issued.
26.
I further request that the Court authorize execution of the warrant at any
time of day or night, owing to the potential need to locate the target cellular device
Case 2:23-mj-00063-WED Filed 05/01/23 Page 11 of 22 Document 1
11
outside of daytime hours.
27.
I further request that the pen register / trap and trace device be transferable
to any changed dialed number subsequently assigned to a device bearing the same ESN,
IMSI, or SIM as the Target Cellular Device; any changed ESN, IMSI, or SIM subsequently
assigned the same dialed number as the Target Cellular Device; or any additional
changed dialed number, ESN, IMSI, or SIM listed to the same subscriber account as the
Target Cellular Device.
28.
A search warrant may not be legally necessary to authorize all of the
investigative techniques described. Nevertheless, I submit this warrant application out of
an abundance of caution.
Case 2:23-mj-00063-WED Filed 05/01/23 Page 12 of 22 Document 1
1
ATTACHMENT A
This warrant authorizes the use of the electronic investigative technique
described in Attachment B to identify the location of the cellular device assigned phone
number (414) 315-4416 (Target Cellular Device), whose service provider is US Cellular
(“Service Provider”) a wireless telephone service provider headquartered at 8410 W
Bryn Mawr Ave, Chicago, Illinois.
This Warrant also serves as a Pen Register order under 18 U.S.C. § 3123. The
Court makes the following findings: Michael Anderson is the person to whom the pen
register or trap and trace device are to be attached/applied and who is the subject of the
criminal investigation; (414) 315-4416 is the phone number to which the device is to be
attached; and Title 18, United States Code, Sections 1341 and 1349 (mail fraud and
conspiracy to commit mail fraud) are the offenses, to which information relates; and
The attorney for the government has certified to this Court that the information
likely to be obtained by the installation and use of the pen register or trap and trace
device is relevant to an ongoing criminal investigation by the Federal Bureau of
Investigation.
Case 2:23-mj-00063-WED Filed 05/01/23 Page 13 of 22 Document 1
2
ATTACHMENT B
Particular Things to Be Seized
with a Cell Site Simulator or Wi-Fi Geolocation Device
This Warrant authorizes the officers to whom it is directed to determine the
location of the target cellular device by collecting and examining:
1. radio signals emitted by the target cellular device for the purpose of
communicating with cellular infrastructure, including towers that route and
connect individual communications; and
2. radio signals emitted by the target cellular device in response to signals sent to it
by the officers;
for a period of thirty (30) days, during all times of day and night. This includes
monitoring non-content signaling and routing information, including all non-content
packet switched data, through the installation and use of a pen register and trap and
trace device pursuant to 18 U.S.C. § 3123 by the Federal Bureau of Investigation.
Because the use of the device, a Cell Site Simulator or Wi-Fi geolocation device, may fall
within the definitions of a “pen register” or a “trap and trace device,” see 18 U.S.C. §
3127(3) & (4), the application and the warrant are designed to comply with the Pen
Register Statute as well as Rule 41. The application therefore includes all information
required for and serves as a pen register application, 18 U.S.C. § 3123(a); similarly, the
warrant therefore includes all the information required for and serves as a pen register
order, 18 U.S.C. § 3123(b).
Case 2:23-mj-00063-WED Filed 05/01/23 Page 14 of 22 Document 1
3
This warrant does not authorize the interception of any content (telephone, text
message, or internet based). The investigative device may interrupt cellular service of
phones or other cellular devices within its immediate vicinity. Any service disruption
to non-target devices will be brief and temporary, and all operations will attempt to
limit the interference with such devices. In order to connect with the Target Cellular
Device, the device may briefly exchange signals with all phones or other cellular
devices in its vicinity. These signals may include cell phone identifiers. The device will
not complete a connection with cellular devices determined not to be any of the Target
Cellular Device, and law enforcement will limit collection of information from devices
other than the Target Cellular Device. To the extent that any information from a
cellular device other than the Target Cellular Device is collected by the law enforcement
device, law enforcement will delete that information, and law enforcement will make
no investigative use of it absent further order of the court, other than distinguishing the
Target Cellular Device from all other cellular devices.
Under this warrant, the cell site simulator/geolocation device shall be
transferable to any changed dialed number subsequently assigned to a device bearing
the same ESN, IMSI, or SIM as the Target Cellular Device; any changed ESN, IMSI, or
SIM subsequently assigned the same dialed number as the Target Cellular Device; or
any additional changed dialed number, ESN, IMSI, or SIM listed to the same subscriber
account as the Target Cellular Device.
Case 2:23-mj-00063-WED Filed 05/01/23 Page 15 of 22 Document 1
4
The Court finds reasonable necessity for use of the techniques and collection of
information described. See 18 U.S.C. § 3103a(b)(2).
This warrant does not authorize the seizure of any tangible property. In
approving this warrant, the Court finds reasonable necessity for the seizure of the
information described. See 18 U.S.C. § 3103a(b)(2).
Case 2:23-mj-00063-WED Filed 05/01/23 Page 16 of 22 Document 1
AO 93C () :DUUDQWE\7HOHSKRQHRU2WKHU5HOLDEOH(OHFWURQLF0HDQV
u Original
u 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.
:$55$17%<7(/(3+21(2527+(55(/,$%/((/(&7521,&0($16
To:
Any authorized law enforcement officer
An application by a federal law enforcement officer or an attorney for the government requests the searchDQGVHL]XUH
of the following person or property located in the
District of
(identify the person or describe the property to be searched and give its location):
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)
u in the daytime 6:00 a.m. to 10:00 p.m.
u at any time in the day or night because good cause has been established.
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)
u 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)
u for
days (not to exceed 30)
u until, the facts justifying, the later specific date of
.
Date and time issued:
Judge’s signature
City and state:
Printed name and title
Eastern District of Wisconsin
The location of the target cellular device assigned
call number (414) 315-4416, whose service provider
is US Cellular, as further described in Attachment A
See Attachment A.
See Attachment B.
✔
Hon. William E. Duffin
✔
✔
30
Milwaukee, Wisconsin
Honorable William E. Duffin, U.S. Magistrate Judge
23
MJ
63
5/1/2023 at 3:34 PM
5/14/2023
Case 2:23-mj-00063-WED Filed 05/01/23 Page 17 of 22 Document 1
May 01, 2023
s/ D. Olszewski
AO 93& () :DUUDQWE\7HOHSKRQHRU2WKHU5HOLDEOH(OHFWURQLF0HDQV(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 nameV 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
Case 2:23-mj-00063-WED Filed 05/01/23 Page 18 of 22 Document 1
1
ATTACHMENT A
This warrant authorizes the use of the electronic investigative technique
described in Attachment B to identify the location of the cellular device assigned phone
number (414) 315-4416 (Target Cellular Device), whose service provider is US Cellular
(“Service Provider”) a wireless telephone service provider headquartered at 8410 W
Bryn Mawr Ave, Chicago, Illinois.
This Warrant also serves as a Pen Register order under 18 U.S.C. § 3123. The
Court makes the following findings: Michael Anderson is the person to whom the pen
register or trap and trace device are to be attached/applied and who is the subject of the
criminal investigation; (414) 315-4416 is the phone number to which the device is to be
attached; and Title 18, United States Code, Sections 1341 and 1349 (mail fraud and
conspiracy to commit mail fraud) are the offenses, to which information relates; and
The attorney for the government has certified to this Court that the information
likely to be obtained by the installation and use of the pen register or trap and trace
device is relevant to an ongoing criminal investigation by the Federal Bureau of
Investigation.
Case 2:23-mj-00063-WED Filed 05/01/23 Page 19 of 22 Document 1
2
ATTACHMENT B
Particular Things to Be Seized
with a Cell Site Simulator or Wi-Fi Geolocation Device
This Warrant authorizes the officers to whom it is directed to determine the
location of the target cellular device by collecting and examining:
1. radio signals emitted by the target cellular device for the purpose of
communicating with cellular infrastructure, including towers that route and
connect individual communications; and
2. radio signals emitted by the target cellular device in response to signals sent to it
by the officers;
for a period of thirty (30) days, during all times of day and night. This includes
monitoring non-content signaling and routing information, including all non-content
packet switched data, through the installation and use of a pen register and trap and
trace device pursuant to 18 U.S.C. § 3123 by the Federal Bureau of Investigation.
Because the use of the device, a Cell Site Simulator or Wi-Fi geolocation device, may fall
within the definitions of a “pen register” or a “trap and trace device,” see 18 U.S.C. §
3127(3) & (4), the application and the warrant are designed to comply with the Pen
Register Statute as well as Rule 41. The application therefore includes all information
required for and serves as a pen register application, 18 U.S.C. § 3123(a); similarly, the
warrant therefore includes all the information required for and serves as a pen register
order, 18 U.S.C. § 3123(b).
Case 2:23-mj-00063-WED Filed 05/01/23 Page 20 of 22 Document 1
3
This warrant does not authorize the interception of any content (telephone, text
message, or internet based). The investigative device may interrupt cellular service of
phones or other cellular devices within its immediate vicinity. Any service disruption
to non-target devices will be brief and temporary, and all operations will attempt to
limit the interference with such devices. In order to connect with the Target Cellular
Device, the device may briefly exchange signals with all phones or other cellular
devices in its vicinity. These signals may include cell phone identifiers. The device will
not complete a connection with cellular devices determined not to be any of the Target
Cellular Device, and law enforcement will limit collection of information from devices
other than the Target Cellular Device. To the extent that any information from a
cellular device other than the Target Cellular Device is collected by the law enforcement
device, law enforcement will delete that information, and law enforcement will make
no investigative use of it absent further order of the court, other than distinguishing the
Target Cellular Device from all other cellular devices.
Under this warrant, the cell site simulator/geolocation device shall be
transferable to any changed dialed number subsequently assigned to a device bearing
the same ESN, IMSI, or SIM as the Target Cellular Device; any changed ESN, IMSI, or
SIM subsequently assigned the same dialed number as the Target Cellular Device; or
any additional changed dialed number, ESN, IMSI, or SIM listed to the same subscriber
account as the Target Cellular Device.
Case 2:23-mj-00063-WED Filed 05/01/23 Page 21 of 22 Document 1
4
The Court finds reasonable necessity for use of the techniques and collection of
information described. See 18 U.S.C. § 3103a(b)(2).
This warrant does not authorize the seizure of any tangible property. In
approving this warrant, the Court finds reasonable necessity for the seizure of the
information described. See 18 U.S.C. § 3103a(b)(2).
Case 2:23-mj-00063-WED Filed 05/01/23 Page 22 of 22 Document 1