UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

20 17 SEP 29 PH 2: 24 

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[ ;)T DIV CINCINNATI 

IN THE MATTER OF THE SEARCH OF 

THE CELLULAR TELEPHONE 

ASSIGNED CALL NUMBER 

513-904-0249 (T-Mobile US, Inc.) 

CASE NO. l I 1 7 M J - 7 3 2 

UNDER SEAL 

AFFIDAVIT IN SUPPORT OF 

AN APPLICATION FOR A SEARCH WARRANT 

I, Tyler D. Field, being first duly sworn, hereby depose and state as follows: 

INTRODUCTION AND AGENT BACKGROUND 

I. I make this affidavit in support of an application for a search warrant under 

Federal Rule of Criminal Procedure41and18 U.S.C. §§ 2703(c)(l)(A) for information about the 

locations of the cellular telephones assigned call number 513-904-0249 (the "Subject 

Telephone"), whose service provider is T-Mobile US, Inc., a wireless provider headquartered at 4 

Sylvan Way, Parsippany, NJ 07054. The targeted cell phone is described herein and in Attachment 

A, and the location information to be seized is described herein and in Attachment B. 

2. I am a Special Agent ("SA") of the Drug Enforcement Administration ("DEA") 

and have been so employed since March 201 6. I also serve as a U.S. Army Military Police 

Captain in the Indiana Army National Guard and have over sixteen years of service. Prior to 

being employed with the DEA, I was employed as a police officer for the Town of Bridgewater, 

Massachusetts for over three years. I have graduated from the U.S. Army Military Police School, 

Plymouth Police Academy, and DEA Basic Agent Academy. During these courses I received 

training in the investigation of offenses involving controlled substances. As a Special Agent of 

the DEA, my duties and responsibilities have included conducting criminal investigations for 

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violations of federal law, particularly those found in Title 21 and Title 18 of the United States 

Code. As a DEA agent, I have participated in approximately fifteen criminal investigations 

seeking evidence of violations of the Federal Controlled Substances Act (Title 21 of the United 

States Code). 

3. I am currently assigned to the Cincinnati Resident Office of the DEA. I have 

received specialized training from the DEA, including the 18-week Basic Agent Training course. 

This training focused on methods of unlawful drug trafficking; the identification of controlled 

substances; surveillance; undercover operations; confidential source management; the means by 

which drug traffickers derive, launder, and conceal their profits from drug trafficking; the use of 

assets to facilitate unlawful drug trafficking activity; and, the law permitting the forfeiture to the 

United States of assets purchased with drug proceeds or assets used or intended to be used to 

facilitate the drug violations. 

4. 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. 

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

violations of 21 United States Code, Sections 841(a)(l) and 846 have been committed, are being 

committed, and will be committed by Ernest JACKSON, Christopher ELLISON, and other asyet unknown individuals. I believe there is probable cause that the Subject Telephone is being 

used in furtherance of the aforementioned crimes and that there is also probable cause to believe 

that the location of the Subject Telephone will constitute evidence of those criminal violations, 

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and will lead to the identification of individuals who are engaged in the commission of these 

offenses. 

THE RELEVANT FACTS 

6. In April 2017 Christopher ELLISON was arrested by the Cincinnati Police 

Department for trafficking in drugs, possession of drugs, aggravated trafficking in drugs, and 

aggravated possession of drugs. Following the arrest, a mobile telephone assigned telephone 

number 513-223-8331 was seized from ELLISON. On June 26, 2017, the Cincinnati Police 

Department extracted the contents of the telephone pursuant to a search warrant. According to 

the extracted contents of the mobile telephone, the most frequent contact of telephone number 

513-223-8331 was telephone number 513-952-0222. According to law enforcement databases, 

Ernest JACKSON provided telephone 513-952-0222 following a traffic stop conducted by the 

Cincinnati Police Department on April 3, 2017. Consequently, I believe that ELLISON, using 

513-223-8331 was communicating with JACKSON, using 513-952-0222. 

7. On April 21, 2017, ELLISON, using 513-223-8331 , received a text message from 

513-952-0222 that said "Half lick already there and half lick bout to pull up." Based on my 

training, experience, and my knowledge of both ELLISON's and JACKSON's criminal records 

as known drug traffickers, I believe that JACKSON was telling ELLISON that a customer of the 

drug trafficking organization (DTO) who had ordered a half gram of heroin/fentanyl was at a 

location that ELLISON was going to in order to distribute heroin/fentanyl and another customer 

who had also ordered a half gram of heroin/fentanyl was almost at that location. 

8. On August 30, 2017, I submitted an administrative subpoena for subscriber and 

call records for 513-952-0222. According to the call records, 513-952-0222 was deactivated on 

August 4, 2017. 

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9. Between July 26, 2017 and September 21 , 2017, agents/officers have conducted 

six controlled purchases of less than 1 gram of Sl!,Spected heroin/fentanyl from the OTO by 

calling 513-557-1762. According to call records for 513-557-1762, between June 25, 2017 and 

September 22, 2017 there were at approximately 10,734 incoming communications to 513-557-

1762 and 731 outgoing communications. Based on my training, experience, the six controlled 

purchases agents/officers conducted by calling 513-557-1762, the high volume of incoming 

communications, and the comparatively low volume of outgoing communications, I believe that 

513-557-1762 is used by the OTO almost exclusively to distribute heroin/fentanyl. 

10. According to law enforcement databases, JACKSON had also provided telephone 

number 513-383-2686 to the Ohio State Highway Patrol following a traffic stop on December 

26, 2017. On September 22, 2017, I submitted an administrative subpoena for subscriber and call 

records for 513-383-2686. According to the subscriber records, 513-383-2686 was subscribed to 

"John Travolta" at 1200 Race Street, Cincinnati, Ohio on December 18, 2016 and was 

deactivated on September 8, 2017. The International Mobile Equipment Identity (IMEi) for the 

device to which 513-383-2686 was assigned was 13988008422320. Based on my training and 

experience, I believe that 513-383-2686 was subscribed to a fictitious name, which I know to be 

a common practice amongst drug traffickers in order to avoid detection from law enforcement. 

11. According to call records, 513-383-2686 communicated with 19 telephones that 

513-952-0222 also communicated with. Based on my knowledge that JACKSON previously 

provided telephone numbers 513-383-2686 and 513-952-0222 to law enforcement and my 

knowledge that 513-383-2686 and 513-952-0222 have communicated with 19 of the same 

telephone numbers, I believe that JACKSON used both telephones. 

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12. According to call records, 513-383-2686 called 513-557-1762 at least five times 

on August 19, 2017. Based on my belief that, JACKSON previously communicated with 

ELLISON about distributing heroin/fentanyl using 513-952-0222, the six controlled purchases 

that agents/officers have conducted by calling 513-557-1762, and my belief that 513-557-1762 is 

used by the OTO almost exclusively to distribute heroin/fentanyl, I believe that when JACKSON 

was communicating 513-557-1762 he was communicating with other members of the OTO 

regarding the distribution of heroin/fentanyl. 

13. On September 25, 2017, I requested subscriber and call records for IO frequent 

contacts of JACKSON's previous phones 513-383-2686 and 513-952-0222. Through call record 

analysis, I learned that five of these numbers began calling 513-904-0429 (the Subject 

Telephone) on or around September 8, 2017. According to subscriber information, the Subject 

Telephone was subscribed on September 8, 2017 to "John Travolta" at 1200 Race Street, 

Cincinnati, Ohio. The IMEI for the device to which the Subject Telephone is assigned is 

13988008422320. Based on my training, experience, my belief that JACKSON previously used 

513-383-2686 to communicate with 513-557-1762 regarding the distribution of fentanyl, my 

knowledge that 513-383-2686 was deactivated on September 8, 2017, my knowledge that the 

Subject Telephone was subscribed on September 8, 2017 to the same subscriber name, address, 

and device IMEI as 513-383-2686, I believe that JACKSON has simply shifted his 

heroin/fentanyl trafficking activities to the Subject Telephone. 

14. Based on the information set forth in this affidavit, I believe there is probable 

cause to believe that the user of the Subject Telephone is engaged in ongoing criminal activity, 

specifically in violation of Title 21 U.S.C. §§ 84l(a)(l) and 846. I believe there is probable cause 

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that information requested will assist law enforcement in identifying, dismantling and disrupting 

the this DTO's illegal drug dealing activities. 

15. In my training and experience, I have learned 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) E911 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. Cell-site 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. Accordingly, cell-site data is typically less precise 

that E-911 Phase II data. 

16. Based on my training and experience, I know that wireless phone companies can 

collect E-911 Phase II data about the location of the target cell phone, including by initiating a 

signal to determine the location of the target cell phone on T-Mobile US, Inc.'s network or with 

such other reference points as may be reasonably available. 

17. Based on my training and experience, I know that wireless phone companies can 

also collect cell-site data about the target cell phone. 

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AUTHORIZATION REQUEST 

18. 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). 

19. 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. 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 subscribers or users of the 

Target Cell Phone would seriously jeopardize the ongoing investigation, as such a disclosure 

would give those people an opportunity to destroy evidence, change patterns of behavior, notify 

confederates, and flee from prosecution. See 18 U.S.C. § 3103a(b)(l). As further specified in 

Attachment B, 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 stored wire or electronic information, there is reasonable 

necessity for the seizure for the reasons set forth above. See 18 U.S.C. § 3103a(b )(2). 

20. I further request that the Court direct T-Mobile US, Inc. to disclose to the 

government any information described in Attachment B that is within the possession, custody, or 

control of T-Mobile US, Inc.. I also request that the Court direct T-Mobile US, Inc. to furnish 

the government all information, facilities, and technical assistance necessary to accomplish the 

collection of the information described in Attachment B unobtrusively and with a minimum of 

interference with T-Mobile US, Inc. services, including by initiating a signal to determine the 

location of the target cell phone on T-Mobile US, Inc.'s network or with such other reference 

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points as may be reasonably available, and at such intervals and times directed by the 

government. The government shall reasonably compensate T-Mobile US, Inc. for reasonable 

expenses incurred in furnishing such facilities or assistance. 

21 . I further request that the Court authorize the government to install and operate a 

cell-site simulator to obtain dialing, routing, addressing, and signaling information from the 

target cell phones to determine the locations of the target cell phones. 

22. 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 cell phone outside of daytime hours. 

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 all of the targets of the 

investigation. Accordingly, there is probable cause to seal these documents because their 

premature disclosure may seriously jeopardize that investigation. 

Respectfully submitted, 

TylerD.V 

Special Agent 

Drug Enforcement Administration 

Subscribed and sworn to before me on this ~ y of September 2017. 

CJ_;tu V.h W/JV /--_/ 

HONORABLE STEPHA IE K. BOWMAN 

UNITED STATES MAGISTRATE JUDGE 

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ATTACHMENT A 

Property to Be Searched 

1. The cellular telephone assigned call number 513-904-0249 whose wireless service 

provider is T-Mobile US, Inc. a wireless telephone service provider headquartered at 

6480 T-Mobile US, Inc. Parkway, Overland Park, Kansas 66251. 

2. Information about the location of the cellular telephone assigned call number 513-904-

0249 (the "Subject Telephone") that is within the possession, custody, or control of TMobile US, Inc. including information about the location of the cellular telephone if it is 

subsequently assigned a different call number. 

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ATTACHMENT B 

Particular Things to be Seized 

All information about the location of the Subject Telephone described in Attachment A 

for a period of thirty days, during all times of day and night. " Information about the location of 

the Subject Telephone" includes all available E-911 Phase II data, GPS data, latitude-longitude 

data, and other precise location information, as well as all data about which "cell towers" (i.e., 

antenna towers covering specific geographic areas) and "sectors" (i.e., faces of the towers) 

received a radio signal from the Subject Telephone described in Attachment A. 

To the extent that the information described in the previous paragraph (hereinafter, 

"Location Information") is within the possession, custody, or control of T-Mobile US, Inc., TMobile US, Inc. is required to disclose the Location Information to the government. In addition, 

T-Mobile US, Inc. must furnish the government all information, facilities, and technical 

assistance necessary to accomplish the collection of the Location Information unobtrusively and 

with a minimum of interference with T-Mobile US, Inc. services, including by initiating a signal 

to determine the location of the Subject Telephone on T-Mobile US, Inc.'s network, or with such 

other reference points as may be reasonably available, and at such intervals and times directed by 

the government. The government shall compensate T-Mobile US, Inc. for reasonable expenses 

incurred in furnishing such facilities or assistance. In addition, the government may initiate a 

signal to determine the location of the Subject Telephone. 

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 Location Information. See 18 

U.S.C. § 3103a(b)(2). 

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