Case 1:19-mc-01314-ST Document 1 Filed 05/16/19 Page 1 of 11 PageID #: 1

MEL:JRS

FJ2019R00382

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK
IN THE MATTER OF THE USE OF A
CELL-SITE SIMULATOR TO LOCATE
THE CELLULAR DEVICE ASSIGNED

CALL NUMBER 201-283-7734, WITH
INTERNATIONAL MOBILE
SUBSCRIBER IDENTITY NUMBER

Case No. 19-MC-1314
Filed Under Seal

354255097677993

AFFIDAVIT IN SUPPORT OF

AN APPLICATION FOR A SEARCH WARRANT

I, Christian F. Sabatino, being first duly sworn, hereby depose and state as follows:
INTRODUCTION AND AGENT 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 an

electronic investigative technique, which is described inAttachment B, to determine the
location of the cellular device assigned call number 201-283-7734, withInternational Mobile

Subscriber Identity Number 354255097677993 (the "Target Cellular Device"), which is
described in Attachment A.

2.

I am a Deportation Officer with the United States Department ofHomeland

Security, Immigrations and Customs Enforcement ("ICE") and have been since 2006. I am a
"federal law enforcement officer" within the meaning ofthe Federal Rule of Criminal

Procedure 41(a)(2)(C), that is, a government agent engaged inenforcing the criminal laws

and duly authorized by the Attorney General to request a search warrant. Inthat capacity, I

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have had extensive experience and training in using cellphone location information to track
fugitive aliens.

3.

The facts in this affidavit come from my personal observations, my

training and 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 of applying for this warrant is to determine with precision

the Target Cellular Device's location. However, there is reason to believe the Target
Cellular Device is currently located somewhere within this district because cell-site data

obtained for the Target Cellular Device indicates that it is normally found in Brooklyn, New
York. Pursuant to Rule 41(b)(2), law enforcementmay locate the Target Cellular Device

outside the district provided the device is within the district when the warrant is issued.
5.

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

that PALACIOS TELLEZ has illegally reentered the United States after having been

removed subsequent to a conviction for a felony, in violation of 8 U.S.C. §§ 1326(a) and

(b)(1). On March 19, 2019, a grandjury returned an indictment charging PALACIOS
TELLEZ with this crime. That same day, an arrest warrant was issued by the Honorable

Cheryl L. Pollak, United States Magistrate Judge. There is probable cause to believe that the
information described in Attachment B will assist law enforcement in arresting PALACIOS

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TELLEZ, who is a "person to be arrested" within the meaning of Federal Rule of Criminal
Procedure 41(c)(4).1
6.

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 complywith 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).
PROBABLE CAUSE

7.

I am a Deportation Officer with ICE and have been involved in the

investigation of numerous cases involving the illegal reentry of aliens. I am familiar with

the facts and circumstances set forth below from my participation in the investigation, my
review of the ICE investigative file (including the defendant's criminal history record) and
from reports of other law enforcement officers involved in the investigation.
8.

VALENTE PALACIOS TELLEZ, also known as "Valentine Palacios," is a

citizen and national of Mexico. On or about April 9, 2013, PALACIOS TELLEZ was
convicted of Assault in the Second Degree, in violation ofNew York Penal Law § 120.05(1),
a felony. On or about April 22, 2013, PALACIOS TELLEZ was sentenced to two years'

1 Through my training and experience, I have become aware ofjudicial
decisions holding that courts may issue search warrants to allow for the collection of location
data where there is probable cause to believe that such data "will aid in the apprehension of a
defendant." In re Smartphone Geolocation Data Application. 977 F. Supp. 2d 129, 137
(E.D.N.Y. 2013).

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imprisonment. On or about August 15, 2014, PALACIOS TELLEZ was removed from the
United Statesto Mexico. On or aboutFebruary 3, 2019, PALACIOS TELLEZ was arrested

in Brooklyn, New York, for Assault in the Third Degree, in violation ofNew York Penal
Law § 120.00.

9.

On March 19, 2019, PALACIOS TELLEZ was charged in a sealed indictment

in the Eastern District ofNew York with illegal reentry after having been removed

subsequent to a conviction for a felony, in violation of 8 U.S.C. §§ 1326(a) and (b)(1). That
same day, the Honorable Cheryl L. Pollak issued a warrant for PALACIOS TELLEZ's
arrest.

10.

According to the arrest report filed in connection with PALACIOS TELLEZ's

February 3, 2019 arrest, PALCIOS TELLEZ resides at 700 Avenue C, Brooklyn, New York.

The report filed in connection with PALACIOS TELLEZ's February 3, 2019 arrest further

states that PALACIOS TELLEZ was in possession of the Target Cellular Device at the time
of his arrest.

11.

On or about April 2, 2019, law enforcement agents attempted to locate

PALACIOS TELLEZ at 700 Avenue C, Brooklyn, New York, but he was not there.
Residents of 700 Avenue C denied knowing PALACIOS TELLEZ, and law enforcement
agents found no evidence that PALACIOS TELLEZ resided at that address.

12.

Onor about April 10, 2019 and April 17, 2019, law enforcement agents again

surveilled 700 Avenue C but did not locate PALACIOS TELLEZ.

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13.

On or about April 24, 2019, law enforcement agents spoke to a resident of 700

Avenue C who stated that PALACIOS TELLEZ had lived at that location but had moved out

approximately one month earlier.
14.

On or about May 1, 2019, the Honorable Steven M. Gold issued a search

warrant for the collection of historical and prospective cell-site data for the Target Cellular
Device. According to the returns from that warrant, the Target Cellular Device is

consistently being used in Brooklyn, New York, primarily near the corner of Glenmore
Avenue and Schenk Avenue. Based on a review of this area on Google Maps, it is a

residential area with an apartment building, several homes and several empty lots. Based on
the data available, it is not possible to determine any specific addresses for PALACIOS
TELLEZ in this area.

15.

As explained below, based on my training and experience, I believe that the

data sought herein may allow law enforcement agents to obtain a more precise location of
PALACIOS TELLEZ in order to effectuate his arrest.
MANNER OF EXECUTION

16.

In my training and experience, I have learned that cellular phones and

other cellular devices communicate wirelessly across a networkof 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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17.

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

investigative device or devices capable of broadcasting signals that will be received by the
Target Cellular Device and receiving signals from nearby cellular devices, including the

Target Cellular Device. Such a device will 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 will send a signal to the Target Cellular
Device and nearby cellular devices and thereby prompt them to send signals that include the

unique identifier of the device. Law enforcement will monitor the signals broadcast by the
Target Cellular Device for non-content signal information and use that information to
determine the Target Cellular Device's location, even if it is located inside a house,

apartment, or other building. The device will not intercept the contents of the Target Cellular
Device's communications, such as telephone calls, text messages, and other electronic
communications. Further, the device will not collect any other data stored on the Target

Cellular Device, including e-mails, text messages, contact lists, images, or Global
Positioning System (GPS) data.
18.

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 (i.e., generally less than three seconds in length), existing
calls by non-target devices will not be affected, 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 to
determine whether those devices' unique identifiers match the identifiers of the Target
6

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Cellular Device. The device will not complete a connection with cellular devices determined

not to be the Target CellularDevice, 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 not review and will delete that information,
and law enforcement will make no investigative use of it, other than distinguishing the
Target Cellular Device from all other cellular devices.
AUTHORIZATION REQUEST

19.

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

search warrant, pursuant to Federal Rule of Criminal Procedure 41. The proposed warrant
also will function as a pen register order under 18 U.S.C. § 3123.
20.

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 from the end of the period of authorized surveillance. This delay
is justified because there is reasonable cause to believe that providing immediate notification

of the warrant may have an adverseresult, 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, as such a disclosure would give that person an
opportunity to destroy evidence, change patterns of behavior and flee from prosecution. See
18 U.S.C. § 3103a(b)(l). There is reasonable necessity for the use of the technique described
above, for the reasons set forth above. See 18 U.S.C. § 3103a(b)(2).

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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 that all papers in support of this

application, including the affidavit and search warrant, be sealed until further order of the
Court. These documents discuss an ongoing criminal investigation that is neither public nor

known to the target of the investigation. Accordingly, there is good cause to seal these

documents because their premature disclosure may seriously jeopardize that investigation.

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23.

A search warrant may not be legally necessary to compel the

investigative technique described herein. Nevertheless, I hereby submit this warrant

application out of an abundance of caution.2
Respectfully submitted,

ChristiaXF^Sabatifio
Deportation Officer
United States Department of Homeland
Security
Immigration and Customs Enforcement

Subscribed and sworn to before me on May 16,2019

/s/Steven L. Tiscione
THE HONORABLE STEVEN L. TISCIONE

UNITED STATES MAGISTRATE JUDGE
EASTERN DISTRICT OF NEW YORK

2 Officers of the United States Marshals Service have assisted with the

investigation of this matter, are expected to assist with execution of the requested warrant,
and are expected to assist with the arrest of Valente Palacios Tellez.

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ATTACHMENT A

This warrant authorizes the use ofthe electronic investigative technique described in
Attachment Bto identify the location ofthe cellular device assigned phone number 201-2837734, with International Mobile Subscriber Identity Number 354255097677993, whose
wireless provider is Sprint Corporation, and whose listed subscriber is Valente Palacios.

 Case 1:19-mc-01314-ST Document 1 Filed 05/16/19 Page 11 of 11 PageID #: 11

ATTACHMENT B

Pursuant to an investigation of VALENTE PALACIOS TELLEZ, also known as

"Valentine Palacios," for a violation of 8 U.S.C. §§ 1326(a) and (b)(1), this Warrant
authorizes the officers to whom it is directed to determine the location of the cellular device

identified in Attachment A 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 radio signals sent to
the cellular device by the officers;

for a period of thirty days, during all times of day and night. This warrant does not authorize
the interception of any telephone calls, text messages, other electronic communications, and
this warrant prohibits the seizure of any tangible property. The Court finds reasonable
necessity for the use of the technique authorized above. See 18 U.S.C. § 3103a(b)(2).

 Case 1:19-mc-01314-ST Document 1-1 Filed 05/16/19 Page 1 of 1 PageID #: 12
TO: Clerk's Office

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

APPLICATION FOR LEAVE

TO FILE DOCUMENT UNDER SEAL

A) If pursuant to a prior Court Order:
********************************

Docket Number of Case in Which Entered:

Judge/Magistrate Judge:

IN THE MATTER OF THE USE OF A
CELL-SITE SIMULATOR TO LOCATE THE
CELLULAR DEVICE ASSIGNED CALL

Date Entered:
19-MC-1314

NUMBER 201-283-7734, WITH IMSI

Docket Number

354255097677993
********************************

B) If a new application, the statute, regulation, or other legal basis that
SUBMITTED BY: Plaintiff.

Defendant

authorizes filing under seal

DOJ •

Name: Jonathan Siegel
Firm Name:U.S. Attorney's Office - EDNY

Address:

Ongoing investigation; target at large

271 Cadman Plaza East
Brooklyn, New York 11201

ORDERED SEALED AND PLACED IN THE CLERK'S OFFICE,

Phone Number: 718-254-6293

E-Mail Address: Jonathan.Siegel@usdoj.gov

AND MAY NOT BE UNSEALED UNLESS ORDERED BY
THE COURT.

INDICATE UPON THE PUBLIC DOCKET SHEET: YES

NO •

DATED: Brooklyn
May 16,2019

If yes, state description of document to be entered on docket sheet:

, NEW YORK

U.S. DISTRICT JUDGE/U.S. MAGISTRATE JUDGE

RECEIVED IN CLERK'S OFFICE May 16,2019
DATE

MANDATORY CERTIFICATION OF SERVICE:

A.)
A copy of this application eitherhas been or willbe promptly served uponall parties to this action, B.)
Service is excused by 31 U.S.C. 3730(b), or by
the following otherstatuteor regulation:
; or C.) / This is a criminal document submitted, and flightpublicsafety,or securityare significant concerns.
(Check one)

May 16, 2019
DATE

SIGNATURE