Case 1:19-mj-00123-PJG ECF No. 1 filed 04/15/19 PageID.

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AO 106A (08/18) Application for a Warrant by Telephone or Other Reliable Electronic Means

UNITED STATES DISTRICT COURT

for the
Western District of Michigan

Jn the Matter of the Search of )

(Briefly describe the property to be searched )
or identifY the person by name and address) Case No. 1:19-mj-123
)
a rose-gold iPhone with spider-web cracking on the )
back of iPhone )
)

APPLICATION FOR AW ARRANT 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 (iden tifY the person or describe the
property to be searched and g ive its location):
See Attachment A

located in the Western Di strict of Michigan , there is now concealed (identifY the
person or describe the property to be sei=ed):
See Attachment B

The basis for the search under Fed. R. Crim. P. 4 1( 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 cri me;
0 a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section Offense Description
21 use 846, 841 (a)(1) Conspiracy to Distribute Controlled Substances, Possession of Controlled
Substances with Intent to Distribute

The application is based on these facts :

~ Continued on the attached sheet.

0 Delayed notice of days (give exact ending date if more than 30 days: ) is requested under
I 8 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.

~
Benjamin Glynn , SA, FBI
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: 04/15/2019
Judge's signature

City and state: Grand Rapids , Michigan Phillip J. Green , U.S. Magistrate Judge
---
Printed name and title
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CONTINUATION OF AN APPLICATION UNDER RULE 41

FOR A WARRANT TO SEARCH AND SEIZE

I, Benjamin Glynn, being duly sworn, depose and state as follows:

INTRODUCTION

1. Based on the information set forth below, there is probable cause to believe that

evidence of violations of federal law, specifically 21 U.S.C. §§ 841 and 846, conspiracy to

distribute and to possess with intent to distribute controlled substances, will be found on the

Subject Device, which is a rose-gold iPhone currently located at the FBI St. Joseph Resident

Agency, as described more fully in Attachment A. The categories of electronically stored

information and evidence sought are described in Attachment B.

2. This Application requests the issuance of a warrant to examine the Subject

Device, which was seized on March 8, 2019, during the arrest of Timothy Roy MASON at 1685

Colfax Avenue in Benton Harbor, Michigan, by detectives with the Southwest Enforcement

Team (“SWET”).

3. I am a Special Agent with the FBI, a position I have held since approximately

January 2017. Prior to joining the FBI, I was a police officer/investigator with the Rock Hill

Police Department in Rock Hill, South Carolina, since approximately February 2011. As part of

my duties, I investigate criminal violations of the federal drug trafficking laws. I have been

involved 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. I have received training in the area of drug

investigations, money laundering, financial investigations, and various methods which drug

dealers use in an effort to conceal and launder the proceeds of their illicit drug trafficking

enterprises. I have participated in investigations that have led to the issuance of search warrants
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involving violations of drug laws. These warrants involved the search of locations and property

for evidence of drug trafficking, including: residences of targets, their associates, and relatives;

smartphones; and computers.

4. 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. Further, these types of devices are frequently

used to access social media websites such as Facebook, Instagram, etc. In my training and

experience, drug traffickers are using social media with increasing frequency to communicate

with suppliers and purchasers of controlled substances. I also know from training and

experience that drug traffickers utilize cell phone cameras and video cameras to take

photos/video of controlled substances, currency, high value items, and co-conspirators.

5. I also know from training and experience that to protect against theft, drug

traffickers frequently possess firearms. Because drug traffickers cannot report the theft of drugs,

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drug proceeds, or other items of value to law enforcement without substantial risk of their illicit

activities being discovered, they themselves must “police” areas where drugs are bought, sold,

and stored through the possession and use of firearms and other dangerous weapons.

6. The information set forth in this continuation is based upon my personal

knowledge and participation in the investigation described below, as well as information

provided to me by other law enforcement officers. I have not set forth all of the information

known to me or known to other law enforcement officers concerning this matter. This

continuation is intended to show only that there is sufficient probable cause for the requested

warrant.

PROBABLE CAUSE

7. Since June 2017, agents and officers from the Drug Enforcement Administration

(“DEA”), SWET, the Kalamazoo Valley Enforcement Team (“KVET”), and the FBI have been

conducting a joint investigation into the drug trafficking activities of RAYMOND STOVALL

and RICHARD JAMES. The investigation revealed that this drug-trafficking organization

(“DTO”), hereinafter referred to as the STOVALL DTO, distributed methamphetamine in

pound-level quantities in Michigan, specifically in the areas of Kalamazoo and Benton Harbor.

One of the individuals that purchased methamphetamine from the STOVALL DTO was Timothy

Roy MASON, who is believed to be the user of the Subject Device as described below.

8. The investigation included the use of Court-authorized interceptions of wire and

electronic communications over two telephones with the numbers (269) 332-4009 (“TARGET

PHONE 1”), used by JAMES, and (213) 434-7111 and (213) 760-0160 (“TARGET PHONE

2”), used by STOVALL. TARGET PHONE 2 is associated with two telephone numbers

because the subscriber of the phone changed the number during the period of interception.

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Specifically, the Honorable Robert J. Jonker, Chief Judge of the United States District Court for

the Western District of Michigan, ordered 30-day interception periods for TARGET PHONES

1 and 2, beginning on July 3, 2018, and ending on August 1, 2018, and also beginning on August

3, 2018, and ending on September 1, 2018, although interceptions were terminated early on

August 30, 2018, in connection with the execution of several search and arrest warrants. See

Case Nos. 18-mc-59 & 18-mj-307 to -318.

9. During the initial thirty days of interception, STOVALL was intercepted on

TARGET PHONE 2 communicating with MASON, using cellular telephone number (814) 651-

2221. 1 Some of these intercepted communications were regarding drug trafficking. For

instance, on July 11, 2018, at approximately 1:20 p.m., STOVALL, using TARGET PHONE 2,

had a telephone conversation (Session #1062) with MASON, using (814) 651-2221. The

following is an excerpt of the call: 2

MASON: Aye look though, Aye uh, man, man how long you think you need
for those other pair of jeans?

STOVALL: Shit, shit, woo, woo, woo, shit. We, we, got some shit left but it
prolly aint’t whole P though, OG.

MASON: Man, man, uhh.

STOVALL: OG, I, I had it last night but, you would of told me you wanted two
of them, I would have saved one for you bro.

MASON: Yeah, I feel ya. My ride got all tied up in shit, so I really couldn’t
even move. Uhh…

1
MASON was identified as the user of cellular telephone (814) 651-2221 through toll
analysis and proffer interviews with two cooperating defendants.
2
The transcriptions contained herein are rough transcripts based on a preliminary review
of the recorded conversation. Some of the words spoken on the calls intercepted are difficult to
understand, but monitors and supervising agents have made a good-faith effort to transcribe the
conversations accurately, where possible. The transcripts are subject to revision upon further
review.
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STOVALL: Shit we prolly got a half of bowl. Prolly a little bit more than that I
don’t know though, I gotta weigh it up though.

MASON: Man, whatever it is then.

STOVALL: Shit.

MASON: Yeah, I’m funn, I’m funna, I’m funna set down and grab
something to eat right quick. Shit just whatever it is, just uh, just
let me know and I’ma double back.

STOVALL: Alright.

10. Based on my training, experience, and knowledge of the investigation, I believe

MASON was trying to purchase a pound of methamphetamine when he asked STOVALL about

the “other pair of jeans.” STOVALL informed him that he did not have a whole pound, or “P,”

of methamphetamine available. STOVALL went on to say he likely had a little more than half a

pound, or “bowl,” available to sell to MASON. MASON told STOVALL he wanted to purchase

whatever quantity of methamphetamine STOVALL had left. Based on subsequent intercepted

communications, STOVALL was able to acquire a whole pound of methamphetamine and sell it

to MASON on that day. Further, according to intercepted communications and proffered

information, MASON conducted additional methamphetamine purchases in addition to this one.

11. In addition to his involvement in the STOVALL DTO, MASON was also recently

arrested by SWET as a part of a heroin and crack cocaine investigation. In February and March

2019, SWET conducted a heroin investigation into Billy BOYD, residing at 1685 Colfax Avenue

in Benton Harbor, Michigan, and developed probable cause to search that residence. On March

8, 2019, SWET investigators conducted surveillance on 1685 Colfax Avenue in preparation for

the search. Investigators observed MASON drive up to that residence in a Ford F150. The

passenger in the Ford F150 was Gregory TRAYLOR. Once at the residence, TRAYLOR exited

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the F150 and entered into another vehicle while MASON remained in the driver’s seat of the

F150. Shortly after the arrival of MASON and TRAYLOR, SWET executed the search warrant

and detained MASON, TRAYLOR, and BOYD. The F150 was searched and approximately

2.38 grams of crack cocaine were located on the rear floorboard. The Subject Device, which is a

rose-gold iPhone, was located on the front seat of the F150. Based on the surveillance of

MASON in the driver’s seat of the F150 and the location in which the phone was found,

investigators believe the Subject Device belongs to MASON.

12. MASON was arrested by SWET for possession with intent to distribute crack

cocaine. Aware that there was a pending federal investigation into MASON, SWET Detective

Joseph Kovac transferred custody of the Subject Device to FBI Special Agents Tom Plantz and

Ben Glynn.

13. The Subject Device is a rose-gold iPhone with spider-web cracking across the

back of the phone. The phone is in a locked state, and investigators are therefore unable to locate

further identification numbers (telephone, serial, model, etc.). The Subject Device is currently

in storage at the FBI St. Joseph Resident Agency. The Subject Device has been stored in a

manner in which its contents are, to the extent material to this investigation, in substantially the

same state as they were when the Subject Device was first seized by law enforcement on March

8, 2019.

14. Based on my knowledge, training, and experience in drug trafficking

investigations, I respectfully submit there is probable cause to believe evidence of drug

trafficking will be found in electronic format on the Subject Device, including but not limited to

contact lists, telephone logs, messaging history, photographs and video, location information,

and other data that relates to drug trafficking and drug traffickers.

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TECHNICAL TERMS

15. Based on my training and experience, I use the following technical terms to

convey the following meanings:

a. Wireless telephone: A wireless telephone (or mobile telephone, or cellular

telephone) is a handheld wireless device used for voice and data communication through radio

signals. These telephones send signals through networks of transmitter/receivers, enabling

communication with other wireless telephones or traditional “land line” telephones. A wireless

telephone usually contains a “call log,” which records the telephone number, date, and time of

calls made to and from the phone. In addition to enabling voice communications, wireless

telephones offer a broad range of capabilities. These capabilities include: storing names and

phone numbers in electronic “address books”; sending, receiving, and storing text messages and

e-mail; taking, sending, receiving, and storing still photographs and moving video; storing and

playing back audio files; storing dates, appointments, and other information on personal

calendars; and accessing and downloading information from the internet. Wireless telephones

may also include GPS technology for determining the location of the device.

b. GPS: A GPS navigation device uses the Global Positioning System to

display its current location. It often contains records and locations where it has been. Some GPS

navigation devices can give a user driving or walking directions to another location. These

devices can contain records of the addresses or locations involved in such navigation. The GPS

consists of 24 NAVSTAR satellites orbiting the Earth. Each satellite contains an extremely

accurate clock. Each satellite repeatedly transmits by radio a mathematical representation of the

current time, combined with a special sequence of numbers. These signals are sent by radio,

using specifications that are publicly available. A GPS antenna on Earth can receive those

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signals. When a GPS antenna receives signals from at least four satellites, a computer connected

to that antenna can mathematically calculate the antenna’s latitude, longitude, and sometimes

altitude with a high level of precision.

16. Based on my training, experience, and research, I know that the Subject Device

has capabilities that allows it to serve as a wireless telephone, GPS, and data storage device. In

my training and experience, examining data stored on devices of this type can uncover, among

other things, evidence that reveals or suggests who possessed or used the devices.

ELECTRONIC STORAGE AND FORENSIC ANALYSIS

17. The warrant applied for would authorize the extraction and copying of

electronically stored information, all under Rule 41(e)(2)(B).

18. Based on my knowledge, training, and experience, I know that electronic devices

can store information for long periods of time. Similarly, things that have been viewed via the

internet are typically stored for some period of time on the device. This information can

sometimes be recovered with forensics tools.

19. Forensic evidence. As further described in Attachment A, this application seeks

permission to locate forensic electronic evidence that establishes how the Subject Device was

used, the purpose of the use, who used it, and when. There is probable cause to believe that this

forensic electronic evidence might be on the Subject Device because:

a. Data on the storage medium can provide evidence of a file that was once

on the storage medium but has since been deleted or edited, or of a deleted portion of a file (such

as a paragraph that has been deleted from a word processing file).

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b. Forensic evidence on a device can also indicate who has used or controlled

the device. This “user attribution” evidence is analogous to the search for “indicia of

occupancy” while executing a search warrant at a residence.

c. A person with appropriate familiarity with how an electronic device works

may, after examining this forensic evidence in its proper context, be able to draw conclusions

about how electronic devices were used, the purpose of their use, who used them, and when.

d. The process of identifying the exact electronically stored information on a

storage medium that are necessary to draw an accurate conclusion is a dynamic process.

Electronic evidence is not always data that can be merely reviewed by a review team and passed

along to investigators. Whether data stored on a computer is evidence may depend on other

information stored on the computer and the application of knowledge about how a computer

behaves. Therefore, contextual information necessary to understand other evidence also falls

within the scope of the warrant.

e. Further, in finding evidence of how a device was used, the purpose of its

use, who used it, and when, sometimes it is necessary to establish that a particular thing is not

present on a storage medium.

20. Nature of examination. Based on the foregoing, and consistent with Rule

41(e)(2)(B), the warrant I am applying for would permit the examination of the Subject Device

consistent with the warrant. The examination may require authorities to employ techniques,

including but not limited to computer-assisted scans of the entire medium, that might expose any

parts of the device to human inspection in order to determine whether it is evidence described by

the warrant.

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21. Manner of execution. Because this warrant seeks only permission to examine a

device already in law enforcement’s possession, the execution of this warrant does not involve

the physical intrusion onto a premises. Consequently, I submit there is reasonable cause for the

Court to authorize execution of the warrant at any time in the day or night.

CONCLUSION

22. I respectfully submit that there is probable cause to believe that Timothy

MASON, formerly involved with the STOVALL DTO and currently involved in additional drug

trafficking, has engaged in a conspiracy to distribute, and to possess with intent to distribute,

controlled substances including methamphetamine, in violation of 21 U.S.C §§ 841 and 846, and

further that there is probable cause to search the Subject Device described in Attachment A and

to seize the items described in Attachment B.

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ATTACHMENT A

Property to be Searched

The property to be searched is the Subject Device, a rose-gold iPhone with spider-web

cracking on the back of iPhone. The Subject Device is currently located at the FBI St. Joseph

Resident Agency, 830 Pleasant Street, Suite 402, St. Joseph, MI 49085, and was seized by

SWET from the driver’s seat of a Ford F150 parked at 1685 Colfax Avenue, Benton Harbor,

Michigan, on March 8, 2019.

This warrant authorizes the forensic examination of the Subject Device for the purpose of

identifying the electronically stored information described in Attachment B.

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ATTACHMENT B

Things to be Seized

1. All records on the Subject Device described in Attachment A that relate to

violations of 21 U.S.C. §§ 841 and 846, including but not limited to:

a. lists of drug-trafficking customers and related identifying information;

b. messaging history regarding drug trafficking, including SMS, MMS, and

application-based messages;

c. call logs and contacts;

d. types, amounts, and prices of drugs trafficked as well as dates, places, and

amounts of specific transactions;

e. any information related to sources of drugs (including names, addresses, phone

numbers, or any other identifying information);

f. any information related to the possession of firearms;

g. any information related to travel or scheduled meetings;

h. photographs and videos depicting drugs, money, firearms, drug paraphernalia, or

co-conspirators; and

i. all bank records, checks, credit card bills, account information, and other financial

records.

2. Evidence of user attribution showing who used or owned the Subject Device at

the time the things described in this warrant were created, edited, or deleted, such as logs,

phonebooks, saved usernames and passwords, documents, and browsing history.

As used above, the terms “records” and “information” include all of the foregoing items

of evidence in whatever form and by whatever means they may have been created or stored,
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including any form of computer or electronic storage (such as flash memory or other media that

can store data) and any photographic form.