Case 6:14-mj-04098-MWP Document 1 Filed 06/27/14 Page 1 of 5 United States Distri WESTERN DISTRICT OF JUN 2 7 zltq In the Maffer of the Activation of SIRIUS XM Satellite Radio onagray 2013 Toyota 4.Runner bearing YIN JTEBUSJR8DS1 48196 APPLICATION AND AFFIDAYIT FOR TIIE ACTTVATION OF A TRACKING DEVICE CASENIJMBER: l4-MJ- /ff f I, D. MATTHEW ALLEN, being duly sworn, depose and say: I am a Special Agent of the Federal Bureau of Investigation, and have reason to believe that probable cause exists for activation of a tracking device in a gray 2013 Toyota 4-Runner bearing VIN JTEBU5JR8D5148196, which is currently in the Western District of New York, and which is being concealed in violation of 18 U.S.C. I2232(a). The facts to support a finding of Probable Cause are as follows: SEE ATTACIIED Continued on the attached sheet ar;.dmade apart AFFIDAYIT (r/) Yes Applicantb signature Sworn to before me and signed in my presence. Date: lune4.ZOt+ City and state: Rocheser, New York ( )No Case 6:14-mj-04098-MWP Document 1 Filed 06/27/14 Page 2 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK IN THE MATTER OF THE APPLICATION OF THE LTNITED STATES OF AMERICA FOR THE ACTIVATION OF SIRIUS XM SATELLITE RADIO ON A GRAY 2013 TOYOTA 4-RUNNER BEARING VIN JTEBU5JR8D5148796 14-MI- yM AFFIDAVIT I, D. Matthew Allen, being duly swom, deposes and states the following: l. I am a Special Agent with the Federal Bureau of Investigation (FBI), having been so employed for approximately ten (10) years. Your affiant is currently assigned to the Rochester Resident Agency in Rochester, New York. I have participated in numerous investigations of violations of federal law. As such, I am a federal law enforcement officer, as that term is defined in Rule al@) (2) (c) of the Federal Rules of Criminal Procedure. 2. I submit this affrdavit in support of an application for an order pursuant to Federal Rule of Criminal Procedure 41, directing Sirius XM Connected Vehicle Services,Inc., c/o CT Corporation System to assist agents of the FBI by providing all information, facilities and technical assistance needed to ascertain the physical location of a gray 2013 Toyota 4-Runner bearing VIN JTEBU5JR8D5148196 (the Target Vehicle), including but not limited to data indicating the specific latitude and longitude of (or other precise location information) concerning the Target Vehicle (the "Requested Information"), for a period often (10) days. 3. Your affiant makes this Affidavit based, in part, on personal knowledge derived from your affiant's participation in this investigation and, in part, upon information and experience. The sources of your affiant's information include, but are not limited to, oral and written reports about this investigation which your affiant received, directly or indirectly, from law enforcement personnel and task force officers; and interviews of Confidential Sources. 4. Since this Affidavit is being submitted for the limited pufpose of establishing probable cause, your affiant has not included each and every fact known to him concerning this investigation. Your affiant has only set forth the facts that he believes provide the necessary foundation to obtain a search warrant. r Case 6:14-mj-04098-MWP Document 1 Filed 06/27/14 Page 3 of 5 5. For the reasons set forth in this Affidavit, probable cause exists to believe that the Requested Information will lead to the location of the Target Vehicle, and evidence of offenses involving violations of Title 18, United States Code, Sections 2232(a) (removal of property to prevent seizure) and 15 12(c) (1) (concealing an object with the intent to impair the object's availability for use in an official proceeding) and (cX2) (obstructs or impedes any official proceeding) (hereafter "target offenses"), as well as individuals in possession of the Target Vehicle. 6. For the reasons set out in this Affidavit, there is probable cause to believe that (1) Miller is in possession (either actual or constructive) of the Target Vehicle; and (2) the Target Offenses have been committed, are being committed, and will continue to be committed by Monique Miller and others as yet unknown. Background 7. On June 23,2014, a seizure warrant was issued under Magistrate Number 14-MJ4091 in the Western District of New York, by U.S. Magistrate Judge Marian Payson for the Target Vehicle. 8. The Target Vehicle is registered to Monique Miller, 90 Resolute Street, NY 14621. According to Toyota, the Target Vehicle is equipped with Sirus XM Satellite Radio service. Rochester, 9. On June 25,2014, at approximately 6:30 PM, your affiant contacted Monique Miller at telephone number (585) 307-3 424. During the telephone conversation, your affiant informed Miller that there was an outstanding seizure warrant for the Target Vehicle. Miller would not provide your affiant with a home residence or a place of employment. However, Miller confirmed that 90 Resolute Street, Rochester, NY is the primary residence of Miller's mother. 10. Miller confirmed that she was, in fact, in possession of the Target Vehicle. Miller informed your afhant that she would turn over the vehicle to agents at approximately 7:00 PM at a repair shop located at the intersection of Dewey Avenue and Ridge Road, Rochester, NY. Agents waited until approximately 8:15 PM and Miller never showed up with the Target Vehicle. 1. At approximately 8:30 PM, your affiant and Rochester Police Department Investigator Wilfredo Carbonel attempted to contact Miller at 90 Resolute, Rochester, NY with negative results. 1 12. Later that night, Investigator Carbonel received information from a confidential informant that the Target Vehicle was parked at 90 Resolute Street, Rochester, NY and that Monique Miller was driving the vehicle. Rochester Police Department dispatched patrol vehicles to the area of 90 Resolute Street, Rochester, NY. However, the Target Case 6:14-mj-04098-MWP Document 1 Filed 06/27/14 Page 4 of 5 Vehicle was not at the location when law enforcement arrived, and law enforcement was unable to locate the Target Vehicle. 13. On June 26,2014, agents repeatedly attempted to contact Miller at (585) 3073424 and at 90 Resolute, Rochester, NY with negative results. 14. On June 27,2014, at approximately 10:00 AM, your affiant was contacted by Monique Miller utilizing telephone number (585) 307-3424. Miller informed your affiant that she was storing the vehicle at a location in the Upper Falls area of Rochester, NY. Furthermore, Miller stated she had removed the license plates from the 4-Runner. Miller stated she was going to contact your affiant at approximately l:00 PM the same day in order to turn over of the vehicle. However, Miller refused to provide an address where the vehicle was located. 15. On June 27,2014, at approximately 1:15 PM, your affiant attempted to contact Monique Miller at telephone number (585) 307-3 424. Your affiant left a voice mail informing Miller that she needed to contact your affrant immediately and she could be facing federal criminal charges if she continues to withhold the 4-Runner from the federal government. Miller has yet to contact your affiant. AUTHORIZATION REQUEST 16. Based on the foregoing, and based upon your affiant's training and experience, your affiant believes there is probable cause to believe that: (1) Monique Miller is in possession of the Target Vehicle in the Western District of New York; (2) Monique Miller has committed, and is committing, and will continue to commit the Target Offenses; and (3) the requested information will evidence of the Target Offenses and the recovery of the Target Vehicle. 17, WHEREFORE, pursuant to Federal Rule of Criminal Procedure 41, it is requested that the Court issue a Warrant and Order authorizing the acquisition of the Requested Information and directing Siriux XM Connected Vehicle Services,Inc., c/o CT Corporation System, to activate and monitor as a tracking device the SIRIUS XM Satellite Radio installed on the Target Vehicle for a period of 10 days. Reasonable expenses incurred pursuant to this activity will be processed for payment by the FBI. 18. IT IS FURTHER REQUESTED that the Court authorize execution of the warrant at any time of day or night, owing to the potential need to locate the Target Vehicle outside of daytime hours. 19. IT IS FURTHER REQUESTED that, pursuant to 18 U.S.C. 3103a(b) and Federal Rule of Criminal Procedure 41(0(3), the Court authorize notice to be delayed for a period of 30 days after the termination of the execution of the warrant. Case 6:14-mj-04098-MWP Document 1 Filed 06/27/14 Page 5 of 5 20. I declare under penalty of perjury the foregoing to be true and correct to the best of my knowledge and belief. ial Agent Federal Bureau of Investigation Subscribed and sworn to before me this 27th day ofJune, 2014. Notary Public ANNA M. SEDOR Notary Public, gtate o, New york Monroe Countv Commission Expires Oct. gt, ZOJL 4