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AO 106 (Rev. 04/10) Application for a Search Warrant

AUSA:
Task Force Officer:

Timothy P. McDonald
Jeremy R. McCullough

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Telephone: (313) 226-0221
Telephone: (313) 350-6747

UNITED STATES DISTRICT COURT
for the
Eastern District of Michigan
In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)

THE CELLULAR DEVICE ASSIGNED CALL
NUMBER (586) 522-6746.

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2:17−mc−50368-01
Assigned To : Lawson, David M.
Case No.
Assign. Date : 3/10/2017
Description: SEALED MATTER

APPLICATION FOR A SEARCH WARRANT
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

Eastern

District of

Michigan

, there is now concealed (identify the

person or describe the property to be seized):

See ATTACHMENT B.
The basis for the search under Fed. R. Crim. P. 41(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 crime;
✔ a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section

8 U.S.C. 1326(a)

Offense Description

Unlawful re-entry after Deportation

The application is based on these facts:

See attached AFFIDAVIT.
Continued on the attached sheet.
✔ Delayed notice 30 days (give exact ending date if more than 30 days:
under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.

) is requested

Applicant’s signature

Jeremy R. McCullough, FBI Task Force Officer
Printed name and title

Sworn to before me and signed in my presence
and/or by reliable electronic means.
Date:

March 9, 2017
Judge’s signature

City and state: Detroit, Michigan

U. S. Magistrate Judge
Printed name and title

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
IN THE MATTER OF THE SEARCH
OF THE CELLULAR DEVICE
ASSIGNED CALL NUMBER (586)
522-6746.

Case No.

2:17−mc−50368-01
Assigned To : Lawson, David M.
Assign. Date : 3/10/2017
Description: SEALED MATTER

Filed Under Seal

AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR A SEARCH WARRANT
I, Jeremy R. McCullough, 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 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 dialed
number (586) 522-6746. The service provider for the target cellular device is TMobile, 4 Sylvan Way, Parsippany, New Jersey, 07054. 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 information and 2) by utilizing

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a device that acts as a cell phone tower sometimes referred to as a Cell Site
Simulator.
2.

I am a Deportation Officer with United States Department of

Homeland Security, U.S. Immigration and Customs Enforcement, Enforcement
and Removal Operations, having been so employed since March 2003. Previously
I was employed by the United States Department of Justice, Immigration and
Naturalization Service, Detention and Removal Operations. I am currently
assigned to the Federal Bureau of Investigation (FBI) Violent Gang Task Force
(VGTF) and have been so for the previous two years. During my career, I have
been involved in numerous investigations of federal firearms, narcotics and credit
card fraud investigations and use of cellular devices to commit those offenses and
the 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.

One purpose for applying for this warrant is to determine the target

cellular device’s location. However, there is reason to believe the target cellular
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device is currently located in this district. The user is known to spend most of his
time in the Eastern District of Michigan.
5.

Based on the facts set forth in this affidavit, there is probable cause to

believe that Rudy Carcamo-Carranza (hereinafter referred to as CARCAMOCARRANZA) has violated 8 U.S.C. § 1326(a), Unlawful Re-entry after
Deportation. CARCAMO-CARRANZA is believed to have committed this crime
on or about February 28, 2016. There is also probable cause to believe that
locating the target cellular device will assist law enforcement in arresting
CARCAMO-CARRANZA, who is a “person to be arrested” within the meaning of
Federal Rule of Criminal Procedure 41(c)(4).
PROBABLE CAUSE
6.

On June 12, 2005, CARCAMO-CARRANZA was arrested by the

United States Border Patrol for entering the United States without inspection and
was subsequently issued a Notice to Appear. On April 19, 2006, CARCAMOCARRANZA was ordered removed to El Salvador by an Immigration Judge in
Detroit, Michigan. On October 23, 2012, the suspect, a fugitive, was arrested by
ERO Officers in order to effect the Immigration Court’s order of removal. On
November 1, 2012, CARCAMO-CARRANZA was removed to El Salvador. On an
unknown date and time, CARCAMO-CARRANZA re-entered the United States
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without the permission of the Attorney General or the Secretary of the Department
of Homeland Security. On December 29, 2014, CARCAMO-CARRANZA was
again arrested by ERO Officers and his original order of removal was reinstated.
On January 14, 2015, CARCAMO-CARRANZA was removed to El Salvador. On
February 28, 2016, CARCAMO-CARRANZA was involved in a hit and run
accident in Shelby Township, Michigan. During the incident CARCAMOCARRANZA fled the scene and hid inside his employment, where he was later
located and arrested by Shelby Township Police. Prior to ERO Officers arrival at
the Shelby Township Police Department, CARCAMO-CARRANZA was released.
7.

On January 24, 2017, I applied for and received a State of Michigan

Search Warrant for the suspect’s FACEBOOK account. During a review of
private messages, CARCAMO-CARRANZA provided his cellular number, (586)
522-6746, to FACEBOOK member Nochii Mooraan. The number was provided
on January 20, 2017 at 05:06:34 Universal Time Code (UTC).
8.

On March 6, 2017, I contacted T-Mobile and confirmed that the

number is still current and active.
9.

Information obtained from this search warrant will be used to attempt

to locate CARCAMO-CARRANZA within the next 30 days. The information
gathered and techniques proposed reduce the chance that the subject(s) will
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abscond from this investigation and pending judicial action by limiting the chance
that he/she will learn of the outstanding charges.
AUTHORIZATION REQUEST & MANNER OF EXECUTION
10.

Based on the foregoing, I request that the Court issue the proposed

search warrant pursuant to Federal Rule of Criminal Procedure 41 and 18 U.S.C.
§ 2703(c).
11.

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 warrant is designed to comply with the Pen
Register Statute as well as Rule 41. See 18 U.S.C. §§ 3121-3127. This warrant
therefore includes all the information required to be included in a pen register
order. See 18 U.S.C. § 3123(b)(1).
12.

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.
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13.

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In my training and experience, I have learned that T-Mobile is a

company that provides cellular telephone access to the general public. I also know
that providers of cellular telephone service have technical capabilities that allow
them to collect and generate at least two kinds of information about the locations
of the cellular telephones to which they provide service: (1) E-911 Phase II data,
also known as GPS data or latitude-longitude data, and (2) cell-site data, also
known as “tower/face information” or cell tower/sector records. 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. Cellsite 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.
14.

To facilitate execution of this warrant, law enforcement may use an

investigative device or devices (sometimes referred to as a Cell Site Simulator)
capable of broadcasting signals that will be received by the Target Cellular Device
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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.
15.

The investigative device may interrupt cellular service of phones or

other cellular devices within its immediate vicinity. Any service disruption to nontarget 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
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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.
16.

I further 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

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stored wire or electronic information, there is a reasonable necessity for that
seizure. See 18 U.S.C. § 3103a(b)(2).
17.

I further request all precision location information, E-911 Phase II

data, GPS data, and latitude-longitude data.
18.

I further request, pursuant to 18 U.S.C. § 3123, the installation of a

pen register and trap and trace device with real time cell site information, including
all packet switched data, to monitor non-content signaling and routing information.
I also request disclosure by the service provider all information necessary to
implement the requested techniques, including subscriber information, extended
subscriber information, handset information, and per call measurement data
(PCMD).
19.

Pursuant to 18 U.S.C. § 3123(b), the government requests 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.

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20.

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I further request that the service provider provide call detail records,

including cell site location information, for the past thirty (30) days. 18 U.S.C. §
2703(d).
21.

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 outside of daytime hours.
22.

I further request that the Court order all documents in support of this

application, including the affidavit and search warrant, be sealed until further order
by the Court. These documents discuss an ongoing criminal investigation that is
neither public nor known to all of the targets of the investigation. Accordingly,
there is good cause to seal these documents because their premature disclosure
may seriously jeopardize the investigation. I further request that the Court order
any service provider, or their representatives, not to disclose the existence of this
warrant or investigation unless ordered to do so by the Court.
23.

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.

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Respectfully submitted,

Jeremy R. McCullough,
Federal Task Force Officer with the
Federal Bureau of Investigation

Sworn to before me and signed in my presence
and/or by reliable electronic means.
March 9, 2017

_____________________________________
UNITED STATES MAGISTRATE JUDGE

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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 (586) 5226746, whose wireless provider is T-Mobile, and whose listed subscriber is Rudy CarcamoCarranza.

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ATTACHMENT B
Particular Things to Be Seized
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 noncontent 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. This warrant does not authorize the interception of any telephone
calls, text messages, or content based internet data. The Court finds reasonable
necessity for use of the techniques and collection of information described. See 18
U.S.C. § 3103a(b)(2).

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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).

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AUSA:
TimothyPg
P. McDonald
Task Force Officer:

AO 93 (Rev. 11/13) Search and Seizure Warrant

PgTelephone:
ID 16
(313) 226-0221
Telephone: (313) 350-6747

Jeremy McCullough

UNITED STATES DISTRICT COURT
for the
Eastern District of Michigan
In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)

THE CELLULAR DEVICE ASSIGNED CALL
NUMBER (586) 522-6746.

)
)
)
)
)
)

Case No.

2:17−mc−50368-01
Assigned To : Lawson, David M.
Assign. Date : 3/10/2017
Description: SEALED MATTER

SEARCH AND SEIZURE WARRANT
To:

Any authorized law enforcement officer

An application by a federal law enforcement officer or an attorney for the government requests the search
of the following person or property located in the
District of
Eastern
Michigan
(identify the person or describe the property to be searched and give its location):

.

See ATTACHMENT A.

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):

See ATTACHMENT B.

YOU ARE COMMANDED to execute this warrant on or before March 23, 2017
(not to exceed 14 days)
✔ in the daytime 6:00 a.m. to 10:00 p.m.
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 the presiding United States Magistrate Judge on duty
.
(United States Magistrate Judge)

✔ 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)
✔ for 30 days (not to exceed 30)
until, the facts justifying, the later specific date of
Date and time issued:

March 9, 2017 at 2:08 p.m.
Judge’s signature

City and state:

Detroit, Michigan

U. S. Magistrate Judge
Printed name and title

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AO 93 (Rev. 11/13) Search and Seizure Warrant (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 name 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