Case Document 21-1 Filed 03/11/16 Page 1 of 20 EXHIBIT A Case Document 21-1 Filed 03/11/16 Page 2 of 20 15 MAG 2912 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: Warrant and Order For Prospective SEALED and Historical Location Information and APPLICATION Pen Register Information for the Cellphone Assigned Call Number 646- 15 Mag. 894-4983 Application for Warrant and Order for Cellphone Location and Pen Register Information The United States of America, by its attorney, Preet Bharara, United States Attorney for the Southern District of New York, James McDonald, Assistant United States Attorney, of counsel, respectfully requests that the Court issue the accompanying proposed Warrant and Order for prospective and historical location information and pen register information for a cellphone. As grounds for this Application the Government relies on the following facts and authorities. 1. Introduction 1. I am an Assistant United States Attorney in the US. Attorney?s Of?ce for the Southern District of New York. This Application is submitted in conjunction with the accompanying af?davit of a law enforcement agent (?Agent Af?davit?), to be sworn before this Court, and incorporated by reference herein. I make this Application based on information and belief, including the Agent Af?davit, my review of other documents in the case, and information received from investigative personnel. 2. The Investigating Agency, Target Cellphone, Subscriber, Target Subject, Service Provider, and Subject Offenses, referenced in this Application are as speci?ed in the Agent Af?davit. Case Document 21-1 Filed 03/11/16 Page 3 of 20 11. Legal Authority A. Prospective Location Information 3. The Government seeks to obtain both precision location information and cell site data for the Target Cellphone on a prospective basis (the ?Prospective Location Information?) for a period of 45 days from the date of this order. That is the same period of time for which a warrant for a tracking device may be granted under Rule It bears noting, however, that while the Prospective Location Information may permit ?tracking? the user of the phone in the colloquial sense, this is not an application for a warrant for a ?tracking device? as de?ned in Fed. R. Crim. P. and 18 U.S.C. 3117(b). Those provisions only apply where an agent is seeking to physically install a tracking device on a given object. Instead, the Prospective Location Information will be obtained by requiring the Service Provider to provide the information. 4. The authority for this application is found in 18 U.S.C. 2703(c)(1), which authorizes a court of competent jurisdiction to require any electronic communication service provider (which includes a cellular telephone service provider?) to disclose any ?record or other information pertaining to a subscriber? other than the ?contents of communications,? when the government obtains, inter alia, a warrant under the procedures of Rule 41. See 18 U.S.C. Because data concerning a subscriber?s location, such as precision location See 18 U.S.C. 2711(1) (incorporating by cross-reference statutory de?nitions set forth in 18 U.S.C. 2510); 18 U.S.C. 2510(15) (de?ning ?electronic communication service? as ?any service which provides to users thereof the ability to send or receive wire or electronic communications?). 2 Another provision of 18 U.S.C. 2703(c)(1), speci?cally, 2703(c)(1)(B), enables the Government to compel an electronic communication service provider to disclose non-content information pertaining to a subscriber by obtaining an order issued under 18 U.S.C. 2703(d), instead of a warrant. Rather than requiring a showing of probable cause, a 2703(d) order requires only a showing that there are reasonable grounds to believe that the information sought 1 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 4 of 20 information and cell site data, constitutes ?information pertaining to a subscriber? that does not include the ?contents of communications,? that data is among the types of information available under Further, as speci?ed in 18 U.S.C. 2711(3), this Court is a court of competent jurisdiction under the Stored Communications Act because it has jurisdiction over the Subject Offenses. 5. The Government?s request for cell site data also implicates the pen register statute, because such data constitutes signaling information used by the Service Provider to route communications to and from the Target Cellphone. In order to collect such data, a valid pen register order is required.4 Accordingly, I hereby certify pursuant to 18 U.S.C. 3122 that such signaling information is relevant to an ongoing investigation being conducted by the Investigating Agency into suspected violations of the Subject Offenses by the Target Subject. is relevant and material to an ongoing criminal investigation. However, given that continued monitoring of an individual?s location through GPS data arguably implicates Fourth Amendment interests, see United States v. Jones, 132 945, 964-65 (2012) (Alito, J., concurring in the judgment), the Government here seeks to obtain the precision location information sought herein by a 2703(c) warrant rather than a 2703(d) order. 3 See In re Application, 460 F. Supp. 2d 448, 459?60 n. 55 (S.D.N.Y. 2006) (Kaplan, J.) (cellphone location information falls within 2703(c)(1)); accord, e. United States v. Caraballo, 963 F. Supp. 2d 341, 361 2013); In re Order, 632 F. Supp. 2d 202, 207 (E.D.N.Y. 2008); In re Application, 405 F. Supp. 2d 435, 444-45 (S.D.N.Y. 2005). But see In re Application, 849 F. Supp. 2d 526, 574 2011) (rejecting view that cellular location data falls within the scope of the SCA and ?nding that phone must be treated as ?tracking device? for purposes of Rule 41 where used to collect location data); In re Application, 2009 WL 159187, at (S.D.N.Y. Jan.13, 2009) (McMahon, J.) (same). 4 See 18 U.S.C. 3121 (prohibiting use of pen register or trap and trace device without an order under the pen register statute); (de?ning pen register and trap and trace device to include devices or processes that record, inter alia, signaling information). Although cell site data constitutes ?signaling? information within the meaning of the pen register statute, a separate statute precludes the Government from relying ?solely? on the authority provided by the pen register statute to ascertain a subscriber?s location. 47 U.S.C. 1002(a). Here, the Government seeks to obtain such data pursuant to 18 U.S.C. ?2703(c) as well as the pen register statute, rather than ?solely? under the latter statute. See In re Application, 460 F. Supp. 2d at 456-59. 2 lt.ll.20]4 i i Case Document 21-1 Filed 03/11/16 Page 5 of 20 B. Historical Location Information 6. The Government also seeks historical cell site data for the Target Subjects for the period from December 1, 2014 to the present (the ?Historical Location Information?). Because such data constitutes non-content information concerning a subscriber, the Court is authorized to order the Service Provider to provide this data pursuant to a warrant application under 18 U.S.C. 2703(c) or an application for an order under 18 U.S.C. 2703(d). See 18 U.S.C. 2703(c)(1)(B). Pursuant to 18 U.S.C. 2703(d), I respectfully submit that the Agent Af?davit offers speci?c and articulable facts showing that there are reasonable grounds to believe that the Historical Location Information is relevant and material to an ongoing criminal investigation. Further, although a warrant for the Historical Location Information is not required, I respectfully submit that the same probable cause supporting the Government?s request for a warrant to obtain the Prospective Location Information requested above also supports the issuance of a warrant under 2703(c) for the Historical Location Information.5 5 A warrant is not required to obtain historical cell site information. Individuals do not have a reasonable expectation of privacy in historical cell site information because individuals voluntarily convey that information to third-party service providers. See, e. g, In re Application of US. for Historical Cell Site Data, 724 F.3d 600, 614-15 (5th Cir. 2013); United States v. Caraballo, 963 F. Supp. 2d 341, 360 (D. Vt. 2013); United States v. Graham, 846 F. Supp. 2d 384, 403 (D. Md. 2012); see also United States v. Pascual, 502 F. App?x 75, 80 n.6 (2d Cir. 2012), cert. denied, 134 S. Ct. 231 (2013) (?general principles? of third-party doctrine ?point[ toward this conclusion regarding cell-site records); cf United States v. Davis, 2014 WL 2599917 (11th Cir. June 11, 2014) (requiring warrant), opinion vacated and rehearing en banc granted, -- Fed.Appx. -- (11th Cir. Sep. 4, 2014). Moreover, because historical cell site information does not enable law enforcement to conduct live monitoring of a person?s location within private spaces such as ?the interior of the [person?s] home,? it is not comparable to prospective precision location information, for which a warrant is arguably required. See In re Application of US. for Order Directing Provider of Elec. Commc ?n Serv. to Disclose Records to Gov 620 F.3d 304, 312-15 (3d Cir. 2010). 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 6 of 20 C. Pen Register Information 7. Finally, the Government seeks an order pursuant to 18 U.S.C. 3121?26 authorizing the use of a pen register on the Target Cellphone for a period of 60 days from the date of this order. Speci?cally, the Government seeks an order directing the Service Provider to furnish any information, facilities, and technical assistance necessary to operate, unobtrusively and with minimum disruption of service, a pen register and trap and trace device to capture all dialing, routing, addressing, or signaling information associated with each call transmitted to or from the Target Cellphone, as speci?ed further in the proposed Warrant and Order (the ?Pen Register Information?). 8. I hereby certify pursuant to 18 U.S.C. 3122 that the Pen Register Information is relevant to an ongoing investigation being conducted by the Investigating Agency into suspected violations of the Subject Offenses by the Target Subjects. D. Sealing and Non-Disclosure Order to Service Provider 9. When the Government obtains records or information under 2703(c), it is not required to notify the subscriber or customer. 18 U.S.C. ?2703(c)(3). Additionally, the Government may obtain an order precluding the Provider from notifying the subscriber or any other third-party of the warrant or order obtained, for such period as the Court deems appropriate, where there is reason to believe that such noti?cation will result in endangering the life or physical safety of an individual, ?ight from prosecution, destruction of or tampering with evidence, or intimidation of potential witnesses, or will otherwise seriously jeopardize the investigation. 18 U.S.C. 2705(b). 10. Further, 18 U.S.C. 3123(d) provides that an order directing installation of a pen register or trap and trace device shall direct the pertinent service provider ?not to disclose the 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 7 of 20 existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person unless or until otherwise ordered by the Court.? 11. Accordingly, as explained further in the Agent Af?davit, in light of the con?dential nature of the continuing criminal investigation and the adverse consequences expected in the event of premature noti?cation, the Government respectfully requests that the Court direct the Service Provider not to notify the Subscriber or any other person of the Warrant and Order sought herein for a period of 180 days, subject to extension upon application to the Court, if necessary. 12. For similar reasons, I respectfully request that the proposed Warrant and Order, this Application, and the accompanying Agent Af?davit, be maintained under seal until the Court orders otherwise, except that the Government be permitted without further order of this Court to serve this Warrant and Order on the Service Provider; provide copies of the Warrant and Order or the supporting Application and Agent Af?davit as need be to personnel assisting the Government in the investigation and prosecution of this matter; and disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter. Prior Requests 14. Except as may be set forth above, no prior request for the relief requested herein has been made. Dated: New York, New York August 18, 2015 Lf" es McDonald ssistant United States Attorney Tel: 212-637?2405 ll.ll.2014 Case Document 21-1 Filed 03/11/16 Page 8 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: Warrant and Order For Prospective SEALED and Historical Location Information and i AGENT AFFIDAVIT Pen Register Information for the Cellphone Assigned Call Number 646- 894-4983 15 MagAgent Af?davit in Support of Warrant and Order for Cellphone Location and Pen Register Information STATE OF NEW YORK ss. COUNTY OF NEW YORK GLOVER, being duly sworn, deposes and states: I. Introduction 1. I am a Special Agent with the United States Drug Enforcement Administration (the or the ?Investigating Agency?). As such, I am a ?federal law enforcement of?cer? within the meaning of Federal Rule of Criminal Procedure that is, a government agent engaged in enforcing the criminal laws and duly authorized by the Attorney General to request a search warrant. During my time with the DEA, I have participated in numerous investigations of unlawful drug traf?cking and money laundering and, among other things, have conducted or participated in surveillance, the execution of search warrants, debrie?ngs of informants, and reviews of taped conversations and drug records, and have participated in investigations that included the interception of 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 ?lingo? and coded language used by narcotics traf?ckers. . m. vmmaazsy..x.-.-a. can. Case Document 21-1 Filed 03/11/16 Page 9 of 20 2. Requested Information. I respectfully submit this Af?davit pursuant to 18 U.S.C. 2703(0) and and the applicable procedures of Federal Rule of Criminal Procedure 41; 18 U.S.C. 2703(d) 2705; and 18 U.S.C. 3121-3126, in support of a warrant and order for prospective location information, historical location information, and pen register information, for the Target Cellphone identi?ed below (collectively, the ?Requested Information?). 3. Basis for Knowledge. This Af?davit is based upon my participation in the investigation, my examination of reports and records, and my conversations with other law enforcement agents and other individuals, as well as my training and experience. Because this Af?davit is being submitted for the limited purpose of obtaining the Requested Information, it does not include all the facts that I have learned during the course of this investigation. Where the contents of documents and the actions, statements, and conversations of others are reported herein, they are reported in substance and in part, except where otherwise indicated. In addition, unless otherwise indicated, statements by others referenced in this Af?davit were not necessarily made to me, but may have been provided to me by someone else to whom I have spoken or whose report I have read (and who in turn may have had either direct or indirect knowledge of the statement). Similarly, unless otherwise indicated, information in this Af?davit resulting from surveillance does not necessarily set forth my personal observations, but may have been provided to me by other law enforcement agents who observed the events, and to whom I have spoken or whose report I have read. 4. Target Cellphone, Subscriber, Target Subject, and Service Provider. The Target Cellphone referenced in this Af?davit is the cellphone assigned call number 646-894-4983. The Subscriber of the Target Cellphone is currently unknown. a/k/a ?Patilla? ll.ll.2014 . ?Mamas?mu Case Document 21-1 Filed 03/11/16 Page 10 of 20 (referred to herein as ?Patilla?) is believed to use the Target Cellphone and, along with FNU a/k/a ?Caballo? (referred to herein as ?Caballo?) and FNU LNU-S, a/k/a ?Alibaba? (referred to herein as ?Alibaba?), is a Target Subject of this investigation. Patilla is the Target Subject of this Af?davit. T-Mobile is the Service Provider for the Target Cellphone. 5. Precision Location Capability. Cellphone service providers have technical capabilities that allow them to collect at least two kinds of information about the locations of the cellphones to which they provide service: precision location information, also known as E- 911 Phase II data, GPS data, or latitude-longitude data, and cell site data, also known as ?tower/face? or ?tower/sector? information. Precision location information provides relatively precise location information about a cellphone, which a provider can typically collect either via GPS tracking technology built into the phone or by triangulating the device?s signal as received by the provider?s nearby cell towers antenna towers covering speci?c geographic areas). Cell site data, by contrast, re?ects only the cell tower and sector thereof utilized in routing any communication to and from the cellphone, as well as the approximate range of the cellphone from the tower during the communication (sometimes referred to as ?per-call measurement? or ?round-trip time? data). Because cell towers are often a half-mile or more apart, even in urban areas, and can be ten or more miles apart in rural areas, cell site data is typically less precise than precision location information. Based on my training and experience, I know that the Service Provider has the technical ability to collect precision location information from any cellphone on its network, including by initiating a signal on the Service Provider?s network to determine the phone?s location at such times or intervals directed by the Investigating Agency. I further know that cell site data is routinely collected by the Service Provider in the 11.11.2014 A -A- h, ?mum Case Document 21-1 Filed 03/11/16 Page 11 of 20 course of routing calls placed to or from any cellphone on its network.1 Finally, I also know that phones serviced by the Service Provider are typically equipped with factory-installed technology that enables the Service Provider to collect precision location information from a phone (sometimes referred to as latitude-longitude, E911, or Global Positioning Satellite information), including by initiating a signal on the Service Provider?s network to determine the phone?s location at such times or intervals directed by the Investigating Agency. II. Facts Establishing Probable Cause 6. Although I understand that probable cause is not necessary to obtain all of the Requested Information, I respectfully submit that probable cause exists to believe that the Requested Information will lead to: evidence of the crime(s) of 21 U.S.C. 841, 846, 952, 959, and 963 (the ?Subject Offenses?); the location of the Target Subject of this investigation; and to the identi?cation and location of contraband and potential co- conspirators. 7. Since in or about January 2015, the DEA began investigating a drug traf?cking organization believed to be involved in the transportation of large quantities of narcotics from South America. 8. In connection with this investigation, and pursuant to an Order of Interception entered in this District, the DEA began intercepting electronic communications over the BlackBerry PIN 274387AC (the ?Caballo used Caballo on or about April 29, 2015. Those interceptions continue to the present. Interceptions over the Caballo PIN appear to con?rm that the user of that PIN, who has been tentatively identi?ed as HUGO FERNANDO VALENZUELA GOMEZ, I Toll records are sometimes necessary or helpful in order to obtain or interpret historical cell site data and are therefore also requested herein. 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 12 of 20 is involved in brokering the movement of thousands of kilograms of narcotics through South America, Central America, Europe, and the United States via aircraft and other means. 9. Recent interceptions over the Caballo PIN have indicated that Caballo and/or his associates possess a large amount of heroin in the New York area, but that Caballo and his associates are seeking to improve the quality of the heroin. These interceptions have revealed that Caballo and his associates believe that hydrochloric acid is needed to improve the quality of the heroin. Based on my training, experience, and involvement in this investigation, I know that hydrochloric acid is commonly used?often in large quantitiesm?to purify lower quality heroin, which is sometimes referred to as ?street? heroin. These interceptions further reveal communications between Caballo, using the Caballo PIN, and Alibaba, using BlackBerry PIN 2A6CDOAA, discussing efforts to obtain hydrochloric acid from Patilla, the Target Subject, and to transport additional drugs from Cartegena, Columbia. 10. For example, on or about August 15, 2015, the DEA intercepted a BlackBerry exchange between Caballo, using the Caballo PIN, and Alibaba, using BlackBerry PIN 2A6CDOAA. Based on my review of a preliminary, draft translation, I understand that the following exchange took place, in substance and in part: ALIBABA: 646 894 4983 ?patilla.? It?s for the liquids. CABALLO: If you/he send something for getting that. ALIBABA: Let them buy it and I?ll ask at once. Yes, of course. It's obvious. CABALLO: Okay. I'm leaving, you didn't get here. ALIBABA: Where? I'm here in the of?ce. CABALLO: Yes. Ah, ?ne. I'll get there. ALIBABA: Okay. Based on my training, experience, and involvement with this investigation, I believe that, during this exchange, Alibaba, has passed Caballo, the number for a person (?patilla?) who can 5 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 13 of 20 provide hydrochloric acid (?the liquids?) to Caballo. Furthermore, I know that the number passed from Alibaba to Caballo is the Target Cellphone, and that FNU LNU-36, a/k/a ?Patilla,? the Target Subject, is believed to be the user of the Target Cellphone. 11. Also, on or about August 15, 2015, the DEA intercepted a BlackBerry exchange between Caballo, using the Caballo PIN, and Alibaba, using BlackBerry PIN 2A6CDOAA. Based on my review of a preliminary, draft of the intercepted communications, I understand that Caballo sent the following image to Alibaba: Based on my training, experience, and involvement with this investigation, I believe that, during this exchange, Caballo sent a picture of hydrochloric acid to Alibaba, indicating that the ?liquids? Caballo would obtain from ?patilla,? which were referenced in the intercepted communication discussed above, is hydrochloric acid. 12. Also, on or about August 15, 2015, the DEA intercepted a BlackBerry exchange between Caballo, using the Caballo PIN, and Alibaba, using BlackBerry PIN 2A6CDOAA. Based on my review of a preliminary, draft translation, I understand that the following exchange took place, in substance and in part: 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 14 of 20 ALIBABA: This is the thing for cartagena, okay? Look. Give me the next one that departs from Cartagena, non-stop, and they will send for us so they can get our container out, arrival time, shipping, and name of the boat. CABALLO: They will give us that on Tuesday. ALIBABA: But you can?t ?nd out which one is the next one that departs non-stop? With that, they will send us some. CABALLO: I will send to ask for the papers. ALIBABA: Okay. CABALLO: The friend with the liquid will be in NJ on Thursday, the tower. ALIBABA: Okay, but he should call him. CABALLO: Yes, the trip. He should tell you what he needs the most so he can take it to the towers. ALIBABA: Well, that's the number for, so he can call him and square off everything with him. Buddy, tell him soda, and acetate too. Based on my training, experience, and involvement with this investigation, I believe that, during this exchange, Caballo and Alibaba are discussing moving drugs (?our container?) from Cartegena, Columbia. Alibaba asks when the next ?non-stop . . . boat? departs from Cartegena. Caballo indicates that he should have that information ?on Tuesday,? which I believe is a reference to the next shipment of drugs from Cartegena. In addition, based on my training, experience, and involvement with this investigation, I believe that during this exchange, Caballo and Alibaba continued to discuss obtaining the hydrochloric acid necessary to improve the quality of the heroin. In particular, I believe that Caballo has indicated that ?patilla??i.e., FNU LNU-36, a/k/a ?Patilla,? the Target Subject and user of the Target Cellphone?will be in the New York area on Thursday to deliver the hydrochloric acid (?The friend with the liquid will be in NJ on Thursday, the tower?). (Based on my training, experience, and involvement with this investigation, I know that ?the tower? is commonly used to refer to New York City.) I further believe that Patilla will deliver the hydrochloric acid to a member of Caballo?s drug conspiracy on Thursday, August 20, 2015, in the New York City area. 7 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 15 of 20 13.1 believe that the Requested Information will lead to the discovery of evidence relevant to this Investigation. For example, the Requested Information will enable law enforcement to determine locations frequented by the Target Subject, including locations visited by the Target Subject during and around the time of the Target Subject delivers the hydrochloric acid to the other perpetrators of the Target Offenses. This information will help law enforcement determine the current location of the Target Subject, as well as the locations and identities of any potential co-conspirators. Historical location information, which is included in the Request Information, may help corroborate this information. In the same way that the Requested Information will help determine the location of the Target Subject, and the identity and location of potential co?conspirators, the Requested Information will also help law enforcement agents to determine the location of contraband, including the heroin Caballo and his associates hope to improve with the hydrochloric acid, as well as other evidence of narcotics traf?cking. Request for Warrant and Order 14. Based on the foregoing I respectfully request that the Court require the Service Provider to provide the Requested Information as speci?ed further in the Warrant and Order proposed herewith, including prospective precision location and cell site data for a period of 45 days from the date of this Order, historical cell site data for the period from December 1, 2014 through the date of this Order, and pen register information for a period of 60 days from the date of this Order. 15. Nondisclosure. The existence and scope of this ongoing Investigation are not publicly known. As a result, premature public disclosure of this af?davit or the requested Warrant and Order could alert potential criminal targets?including the Target they are under investigation, causing them to destroy evidence, ?ee from prosecution, or otherwise seriously jeopardize the investigation. Disclosure of this af?davit could also seriously 8 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 16 of 20 jeopardize the safety of potential witnesses and victims in this investigation. Accordingly, I respectfully request that the Provider be directed not to notify the subscriber or others of the existence of the Warrant and Order for a period of 180 days, and that the Warrant and Order and all supporting papers be maintained under seal until the Court orders otherwise, as speci?ed in the Application submitted in conjunction with this Af?davit. kjiTHRg? GLOVER Special Agent, Drug Enforcement Administration Sworn to before me this 18th day of August, 2015 ONORABL DEBRA FREEMAN United States Magistrate Judge . Southern District of New York 11.11.2014 Case Document 21-1 Filed 03/11/16 Page 17 of 20 ffi.13. 1w? UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: Warrant and Order For Prospective SEALED WARRANT and Historical Location Information and 3 AND ORDER Pen Register Information for the Cellphone Assigned Call Number 646? 5 894-4983 15 Mag. Warrant and Order for Cellphone Location Information and Pen Register Information and for Scaling and Non-Disclosure TO: T-MOBILE (?Service Provider?), and any subsequent provider of service to the Target Cellphone speci?ed below (?Subsequent Service Provider?) DRUG ENFORCEMENT ADMINISTRATION (?Investigative Agency?) Upon the Application and Agent Af?davit submitted by the Government in this matter: I. Findings The Court hereby ?nds: 1. The Target Cellphone that is the subject of this Order is assigned call number 646? 894-4983 is currently serviced by the Service Provider. 2. The Target Cellphone is believed to be used by FNU LNU-36, a/k/a ?Patilla, the Target Subject. 3. The Subscriber for the Target Cellphone is currently unknown. 4. Pursuant to 18 U.S.C. 2703(c)(1)(A) and the applicable provisions of Rule 41 of the Federal Rules of Criminal Procedure, the Government?s application sets forth probable cause to believe that the prospective and historical location information for the Target Cellphone speci?ed below will reveal evidence, fruits, or instrumentalities of suspected violations of Title 21, United States Code, Sections 841, 846, 952, 959, and 963 (the ?Subject Offenses?) Case Document 21-1 Filed 03/11/16 Page 18 of 20 5. Pursuant to 18 U.S.C. 2703(d), the Government?s application also sets forth speci?c and articulable facts showing that there are reasonable grounds to believe that the historical location information for the Target Cellphone speci?ed below is relevant and material to an ongoing criminal investigation. 6. Pursuant to 18 U.S.C. 3123(b)(1), the Government has certi?ed that the pen register information for the Target Cellphone speci?ed below is relevant to an ongoing investigation by the Investigating Agency of the Target Subject and others unknown in connection with suspected violations of the Subject Offenses. 7. Pursuant to 18 U.S.C. 2705(b), there is reason to believe that noti?cation of the existence of this Warrant and Order will result in danger to the physical safety of an individual, ?ight from prosecution, intimidation of potential witnesses, or otherwise will seriously jeopardize an ongoing investigation. NOW, THEREFORE, pursuant to Fed. R. Crim. P. 41, 18 U.S.C. 3121 et seq, 18 U.S.C. 2701 et seq., and 18 U.S.C. 3103a, IT IS HEREBY ORDERED: II. Order to Service Provider 8. Service Provider. This Order shall apply to the Service Provider speci?ed above, and to any subsequent provider of service to the Target Cellphone without need for further Order of this Court. 9. Prospective Location Information. The Service Provider shall provide to the Investigating Agency on a prospective basis, for a period of 45 days from the date of this Order, information concerning the location of the Target Cellphone (?Prospective Location Information?), initiating any signal needed to determine the location of the Target Cellphone at such times or intervals directed by the Investigating Agency. The Prospective Location Information shall include all available: 08.15.2014 Case Document 21-1 Filed 03/11/16 Page 19 of 20 a. precision location information, including GPS data, E-911 Phase II data, and latitude-longitude data; and b. cell site data re?ecting the cell towers and sectors thereof receiving a signal from the Target Cellphone. 10. Historical Location Information. The Service Provider shall provide to the Investigating Agency all available historical cell site location information re?ecting the cell towers and sectors thereof receiving a signal from the Target Cellphone at the beginning and end of each call to or from the Target Cellphone, and any and all per call measurement data (cell tower used, sector used and approximate range of the target phone from the cell towers) for voice and data using EVDO and LTE technologies, and the MAC address for the Target Cellphone, without geographic limitation within the United States, for the period from January 1, 2015 through the date of this Order. 11. Pen register with caller identi?cation and/or trap and trace device. The Service Provider shall provide to the Investigating Agency, for a period of 60 days from the date of this order, all dialing, routing, addressing, or signaling information associated with each call transmitted to or from the Target Cellphone, including but not limited to: a. any unique identi?ers associated with the phone, including ESN, MEIN, MSISDN, IMSI, IMEI, SIM, or b. source and destination telephone numbers; 0. date, time, and duration of all communications; and d. cell-site information as specified above. 12. Technical Assistance. The Service Provider shall furnish the Investigating Agency all information, facilities, and technical assistance necessary to accomplish the disclosure of all 08.15.20i4 Case Document 21-1 Filed 03/11/16 Page 20 of 20 of the foregoing information relating to the Target Cellphone unobtrusively and with the minimum interference to the service presently provided to the Subscriber. 13. Non-Disclosure t0 Subscriber. The Service Provider, including its af?liates, of?cers, employees, and agents, shall not disclose the existence of this Warrant and Order, or the underlying investigation, to the Subscriber or any other person, for a period of 180 days from the date of this Warrant and Order, subject to extension upon application to the Court, if necessary. Additional Provisions 14. Compensation for Costs. The Investigating Agency shall compensate the Service Provider for reasonable expenses incurred in complying with the Warrant and this Order. 15. Sealing. This Warrant and Order, and the supporting Application and Agent Af?davit, shall be sealed until otherwise ordered by the Court, except that the Government may without further order of this Court: serve this Warrant and Order on the Service Provider; provide copies of the Warrant and Order or the supporting Application and Agent Affidavit as need be to personnel assisting the Government in the investigation and prosecution of this matter; and disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter. Dated: New York, New York AUG 132015 ?esp?, Date Issued Time Issued loam THE HONORABLE DEBRA FREEMAN United States Magistrate Judge Southern District of New York 08.15.2014