Virgin Islands drug warrant

Case: Document 1-1 Filed: 04/23/20 Page 1 of 14 IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX IN THE MATTER OF THE SEARCH OF: iPhone 68 (SN: and Subscriber Identity Module card, . Case 0 Mg. 2020/0016 CURRENTLY LOCATED AT HOMELAND SECURITY INVESTIGATIONS RESIDENT AGENT IN CHARGE OFFICE, ST. CROIX, FILED UNDER SEAL USVI AFFIDAVIT IN SUPPORT OF AN APPLICATION UNDER RULE 41 FOR A WARRANT TO SEARCH AND SEIZE I, Christopher McGrath, being ?rst-duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND 1. I make this af?davit in support of an application under Rule 41 of the Federal Rules of Criminal Procedure for a search warrant authorizing the examination of property, described in Attachment A, which is currently in law enforcement possession, and the extraction from that property of electronically stored information described in Attachment B. 2. I am a Special Agent with Immigration and Customs Enforcement, Department of Homeland Security, St. Croix, United States Virgin Islands, and have been since 2006. As a Special Agent, my duties and responsibilities include Case: Document 1-1 Filed: 04/23/20 Page 2 of 14 Page 2 of 14 Af?davit in Support of Search Warrant conducting investigations of: alleged manufacturing, distributing or possession of controlled substances; Title 21, United States Code, Section 841 3. This af?davit is intended to show only that there is suf?cient probable cause for the requested warrant and does not set forth all of my knowledge about this matter. IDENTIFICATION OF THE DEVICE TO BE EXAMINED 4. The property to be searched is an iPhone 68, serial number and Subscriber Identity Module card hereinafter the ?Device?, both listed in Attachment A. The Device is currently located at Homeland Security Investigations (HSI), Resident Agent in Charge (RAC) Of?ce, St. CroiX, US. Virgin Islands. 5. The applied?for warrant would authorize the forensic examination of the Device for the purpose of identifying electronically stored data particularly described in Attachment B. PROBABLE CAUSE 6. On March 7, 2020, at the Henry E. Rohlsen International Airport on St. CroiX, USVI, Customs and Border Protection Of?cers (CBPO) Viveros and Balzer conducted an examination of American Airlines (AA) ?ight 2227 destined Case: Document 1-1 Filed: 04/23/20 Page 3 of 14 Page 3 of 14 Af?davit in Support of Search Warrant for Miami International Airport (MIA). CBPO Viveros and Balzer were examining checked baggage that was being loaded into the front luggage compartment of the aircraft. CBPO Viveros removed a purple and black duf?e bag (tagged for MIA, belonging to Vonne Bailey) that was on the ramp baggage loader belt and in the process of being loaded into the luggage compartment. 7. As CBPO Viveros opened the duf?e bag and began to conduct a physical inspection of the items inside the bag, he observed a neatly folded black towel. As he proceeded to check the towel, he felt a hard, squared object. CBPO Viveros proceeded to unfold the towel and observed two (2) black, vacuum sealed brick shaped objects, covered in a glittery substance. One of the bricks had a picture of former president Barack Obama. The second brick had a picture which featured men such as Barack Obama, Martin Luther King Jr, and Malcolm X. CBPO Balzer contacted Supervisory Customs and Border Protection Of?cer I (SCBPO) G. Meyers and requested that she meet with her and CBPO Viveros by the aircraft. 8. CBPO Viveros showed SCBPO Meyers the two (2) brick shaped objects. Instructed by SCBPO Meyers, CBPO Viveros probed the bricks using a stainless?steel knife. A white powder like substance was observed on the tip of the knife that was used. Both bricks were then secured back in the purple and black Case: Document 1-1 Filed: 04/23/20 Page 4 of 14 Page 4 of 14 Af?davit in Support of Search Warrant duf?e bag and removed from the loading belt. CBPO Viveros, Balzer and SCBPO Meyers, proceeded to the AA counter and asked for seating assignment and asked that he be removed from the aircraft. CBPO Balzer maintained possession of the purple duf?e bag, while CBPO Viveros and SCBPO Meyers, approached the rear passenger loading area of the aircraft. As they did so, CBPO Viveros observed as one of the gate agents exited the aircraft with a black male individual with dreadlocks in a stalking cap, wearing a white short pants and a dark colored shirt, who was later identi?ed as Mr. Vonne BAILEY (DOB 12/17/1990). BAILEY was then escorted to the CBP secondary inspection room. During the search of Vonne Bailey and his belongings, an iPhone 6s was discovered. 9. Through the course of my training, investigations, prior law enforcement experience, and conversations with other law enforcement personnel, 1 am aware that it is a common practice for drug smugglers to work in concert with other individuals and to do so by utilizing cellular telephones to maintain communications with co?conspirators in order to further their criminal activities. I am also aware that it is a common practice for drug smugglers to communicate with others regarding smuggling arrangements and payment utilizing cellular telephones. Conspiracies involving drug smuggling generate many types of evidence including, but not limited to, cellular phone?related evidence such as Case: Document 1-1 Filed: 04/23/20 Page 5 of 14 Page 5 of 14 Af?davit in Support of Search Warrant voicemail messages referring to the arrangements of travel and payment, names, . photographs, text messages, and phone numbers of co?conspirators. 10. Based upon my training and experience as a HSI Agent, consultations with law enforcement officers experienced in drug smuggling investigations, and all the facts and opinions set forth in this af?davit, I submit the following: a. drug smugglers will use cellular telephones because they are mobile and they have instant access to telephone calls, text, web, and voice messages. b. drug smugglers will use cellular telephones because they are able to actively monitor the progress of the drugs smuggled while they are in transit. 0. drug smugglers and their accomplices will use cellular telephones because they can easily arrange and/or determine what time the smuggled drugs will arrive at predetermined locatiOns. d. drug smugglers will use cellular telephones to direct drivers and couriers to a drop off and/or pick up time of the smuggled drugs. e. drug smugglers will use cellular telephones to notify or warn their accomplices of law enforcement activity including the presence and location of marked and unmarked units, as well as the operational status of checkpoints. f. drug smugglers will use cellular telephones to make arrangements with the coconspirators, and to arrange for payment after the smuggling event. 10. The Device is currently in the lawful pessession of H81 pursuant to seizure incident to arrest. Therefore, while HSI might already have all necessary Case: Document 1-1 Filed: 04/23/20 Page 6 ?of 14 Page 6 of 14 Af?davit in Support of Search Warrant authority to examine the Device, I seek this additional warrant out of an abundance of caution to be certain that an examination of the Device will comply with the Fourth Amendment and other applicable laws. 11. The Device is currently in storage at Homeland Security Investigations (HSI), Resident Agent in Charge (RAC) Of?ce, St. Croix, US. Virgin Islands. In my training and experience, I know that the 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. Device ?rst came into the possession of H81. TECHNICAL TERMS 12. 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 Awireless 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 Case: Document 1-1 Filed: 04/23/20 Page 7 of 14 Page 7 of 14 Af?davit in Support of Search Warrant 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 ?les; storing dates, appointments, and other information on personal calendars; and accessing and downloading information from the Internet. Wireless telephones may also include global positioning system technology for determining the location of the device. b. Subscriber Identity Module card: A Subscriber Identity Module (SIM) card is assigned an International Mobile Subscriber Identity/Identi?er (IMSI) number. The IMSI number is electronically embedded in the SIM card and identi?es the speci?c account to which it is assigned. The SIM card is inserted into a slot in the cellular telephone. The SIM card may be able to be removed from one cellular telephone and used in another cellular telephone instrument. However, even if the SIM card is removed from one telephone instrument to Case: Document 1-1 Filed: 04/23/20 Page 8 of 14 Page 8 of 14 Affidavit in Support of Search Warrant another, the IMSI number will not change. The SIM card is typically insertedinto a slot in the cellular telephone before use. c. GPS: A GPS navigation device uses the Global Positioning System to display its current location. It often contains records. the 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 Global Positioning System (generally abbreviated 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 speci?cations that are publicly available. A GPS antenna on Earth can receive those 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. Case: Document 1-1 Filed: 04/23/20 Page 9 of 14 Page 9 of 14 Af?davit in Support of Search Warrant d. PDA: A personal digital assistant, or PDA, is a handheld electronic device used for storing data (such as names, addresses, appointments or notes) and utilizing computer programs. Some PDAs also function as wireless communication devices and are used to access the Internet and send and receive e-mail. PDAs usually include a memory card or other removable storage media for storing data and a keyboard and/or touch screen for entering data. Removable storage media include various types of ?ash memory cards or miniature hard drives. This removable storage media can store any digital data. Most PDAs run computer software, giving them many of the same capabilities as personal computers. For example, PDA users can work with word? processing documents, spreadsheets, and presentations. PDAS may also include global positioning system for determining the location of the device. e. IP Address: An Internet Protocol address (or simply address?) is a unique numeric address used by computers on the Internet. An IP address is a series of feur numbers, each in the range 0?255, separated by periods 121.56.97.178). Every computer attached to the Internet computer must be assigned an IP address so that Internet Case: Document 1-1 Filed: 04/23/20 Page 10 of 14 Page 10 of 14 Af?davit in Support of Search Warrant 13. traf?c sent from and directed to that computer may be directed properly from its source to its destination. Most Internet service providers control a range of IP addresses. Some computers have static?that is, long?term?IP addresses, while other computers have dynamicmthat is, frequently changed?1P addresses. Internet: The Internet is a global network of computers and other electronic devices that communicate with each other. Due to the structure of the Internet, connections between devices on the Internet often cross state and international borders, even when the devices communicating with each other are in the same state. Based on my training, experience, and research, and from consulting the manufacturer?s advertisements and product technical speci?cations available online at know that the Device has capabilities that allow it to serve as a wireless telephone, digital camera, portable media player, GPS navigation device, and PDA. 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 device. Case: Document 1-1 Filed: 04/23/20 Page 11 of 14 Page 11 of 14 Af?davit in Support of Search Warrant ELECTRONIC STORAGE AND FORENSIC ANALYSIS 14. 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. 15. Forensic evidence. As further described in Attachment B, this application seeks permission to locate not only electronically stored information that might serve as direct evidence of the crimes described on the warrant, but also forensic evidence that establishes how the Device was used, the purpose of its use, who used it, and when. There isprobable cause to believe that this forensic electronic evidence might be en the 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 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. Case: Document 1-1 Filed: 04/23/20 Page 12 of 14 Page 12 of 14 Af?davit in Support of Search Warrant 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 is 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 ?nding 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. 16. Nature of examination. Based on the foregoing, and consistent with Rule the warrant I am applying for would permit the examination of the device consistent with the warrant. The examination may require authorities to Case: Document 1-1 Filed: 04/23/20 Page 13 of 14 Page 13 of 14 Af?davit in Support of Search Warrant employ techniques, including but not limited to computer?assisted scans of the entire medium, that might expose many parts of the device to human inspection in order to determine whether it is evidence described by the warrant. l7. 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 18. I submit that this af?davit supports probable cause for a search warrant authorizing the examination of the Device described in Attachment A to seek the items described in Attachment B. REQUEST FOR SEALING 19. It is respectfully requested that this Court issue an order sealing, until further order of the Court, all papers submitted in support of this application, including the application and search warrant. I believe that sealing this document is necessary because the warrant is relevant to an ongoing investigation into the criminal organizations as not all of the targets of this investigation will be searched Case: 1:20-mj-00016-WAL-GWC Document #: 1-1 Filed: 04/23/20 Page 14 of 14 Page14of14 Affidavit in Support of Search Warrant at this time. Based upon my training and experience, I have learned that, online criminals actively search for criminal affidavits and search warrants via the internet, and disseminate them to other online criminals as they deem appropriate, i.e., post them publicly online through the carding forums. Premature disclosure of the contents of this affidavit and related documents may have a significant and negative impact on the continuing investigation and may severely jeopardize its effectiveness. Respectfully submitted, /s/ Christopher McGrath Christopher McGrath Special Agent Homeland Security Investigations Subscribed and sworn to before me on April 23 , 2020: /s/ George W. Cannon, Jr. GEORGE W. CANNON UNITED STATES MAGISTRATE JUDGE