UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

FILED 

TIME /I: S'1,fM 

NtW ~ 0 2017 

RICHARD W. NAGEL 

Clerk of Court 

CINCINNATI, OHIO 

IN THE MATTER OF THE SEARCH OF 

CELLULAR TELEPHONES DESCRIBED 

AS: 

CASE NO. l 1 l'iMJ -929 

LG Model: LGMP260 (Black) 

SIN: 708CYAS331400 

IMEi: 352130-09-331400-2 

LG Model: LG-TP260 (Black) 

FCC ID: ZNFTP260 

SIN: 705CYCV280819 

IMEi: 355265-08-280819-7 

LG Model: LGMS428 (Gold) 

FCC ID: ZNFK428 

SIN: 611CYEA948836 

IMEi: 358479-07-948836-1 

LG Model: LGMS210 (Silver) 

FCC ID: ZNFM210 

SIN: 703CYRN511678 

IMEi: 357588-08-511678-1 

Located at the DEA Evidence Room 

36 E. 7th Street, Suite 1900 

Cincinnati, Ohio 

UNDER SEAL 

AFFIDAVIT IN SUPPORT OF AN 

APPLICATION UNDER RULE 41 FOR A 

WARRANT TO SEARCH AND SEIZE 

I, Philip V. Brown, a Special Agent with the Drug Enforcement Administration (DEA), 

being first duly sworn, hereby depose and state as follows: 

INTRODUCTION AND AGENT BACKGROUND 

1. I make this affidavit in support of an application under Rule 41 of the Federal 

Rules of Criminal Procedure for a search warrant authorizing the examination of property-four 

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electronic devices- which are 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 (SA) of the Drug Enforcement Administration (DEA) and 

have been so employed since August 2010. As a Special Agent of the DEA, my duties and 

responsibilities have included conducting criminal investigations for violations of federal law, 

particularly those found in Title 21 and Title 18, 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 19-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. I have also received additional formal training from DEA to 

include the Basic Telecommunications Exploitation Program and the Internet 

Telecommunications Exploitation Program, which were specifically designed to assist agents in 

identifying and subsequently exploiting telephonic and internet related devices utilized in the 

commission of a Controlled Substance Act (CSA) violation. 

4. As a DEA agent, I have participated in over 50 criminal investigations and in the 

execution of over 50 search warrants seeking evidence of violations of the Federal Controlled 

Substances Act (Title 21, of the United States Code). These warrants covered the search of 

locations to include: residences of drug traffickers and their co-conspirators/associates; drug 

manufacturing operations; and, stash houses used as storage and distribution points for controlled 

substances, as well as the search of Facebook profiles and email accounts from service providers 

such as Yahoo! and Google. 

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5. Through my training and experience, I know that those involved in the illegal sale 

and distribution of narcotics often store in their cell phones and mobile devices, contact 

information for their associates so that they may stay in ready contact with their customers and 

source(s) of supply. Often the information stored in the contact list may be in the form of a code 

to conceal the true identity of the contact. 

6. Through my training and experience, I am aware that drug traffickers often 

communicate with their customers, couriers, and/or associates through the use of cellular 

telephones or use of multiple telephones or other devices, to avoid detection by law enforcement. 

7. 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 only that there is sufficient probable cause for the requested warrant and does not set 

forth all of my knowledge about this matter. 

IDENTIFICATION OF THE DEVICES TO BE EXAMINED 

8. The property to be searched: 

Subject Telephone 1: LG Model: LGMP260 (Black) 

SIN: 708CYAS331400 

IMEi: 352130-09-331400-2 

Subject Telephone 2: LG Model: LG-TP260 (Black) 

FCC ID: ZNFTP260 

SIN: 705CYCV280819 

IMEi: 355265-08-280819-7 

Subject Telephone 3: LG Model: LGMS428 (Gold) 

FCC ID: ZNFK428 

SIN: 611CYEA948836 

IMEI: 358479-07-948836-1 

Subject Telephone 4: LG Model: LGMS210 (Silver) 

FCC ID: ZNFM210 

SIN: 703CYRN511678 

IMEI: 357588-08-511678-1 

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9. The subject telephones were located during the search of 1316 Carolina A venue, 

Apartment #2, Cincinnati, Ohio, referred hereinafter to as "Subject Telephone l " through 

"Subject Telephone 4". The above items are currently in the custody of DEA Cincinnati. 

10. The applied-for warrant would authorize the forensic examination of the Subject 

Telephones for the purpose of identifying electronically stored data particularly described in 

Attachment B. 

SUMMARY OF INVESTIGATION 

11 . The Drug Enforcement Administration (DEA) is investigating an organization 

engaged in a conspiracy involving the suspected distribution of controlled substances, more 

specifically, heroin and fentanyl, Schedule I and Schedule II controlled substances, in violation 

of, inter alia, 21 U.S.C. § § 841(a)(l) and 846. 

12. On October 2, 2017, United States District Judge Michael R. Barrett, Southern 

District of Ohio, signed an order authorizing the interception of wire communications send to 

and from telephone: 404-539-3948 and an order authorizing the interception of wire 

communications for various and changing phones used by Anthony PENNY. On November 1, 

2017, United States District Judge Michael R. Barrett signed an order authorizing the continued 

interception of wire communications and the initial interceptions of electronic communications 

send to and from phone: 917-794-0597; the initial interception of wire and electronic 

communications send to and from phone: 513-383-7375; and the continued roving interception 

of wire communications over various and changing telephones used by PENNY and the initial 

interception of electronic communications over various and changing phones used by PENNY. 

Based on intercepted wire communications, I learned that PENNY was receiving phone calls 

from several different phone numbers of individuals requesting what I believe to be controlled 

substances and discussing the suspected payment to PENNY for controlled substances. 

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13. On November 17, 2017, United States Magistrate Judge Stephanie K. Bowman 

signed search warrants for 2822 Lawndale Avenue, Apartment #3, Cincinnati, Ohio, a location 

identified as a stash house utilized by PENNY, 1316 Carolina A venue, Apartment #2, 

Cincinnati, Ohio and one other locations believed to be involved in the conspiracy. 

14. On November 21, 2017, at approximately 6:02 a.m., agents executed a search 

warrant at 2822 Lawndale Avenue, Apartment #3, Cincinnati, Ohio. During a search of the 

location, agents located approximately nine (9) and a half kilograms of suspected 

heroin/fentanyl, packaging material, digital scales, and square and rectangular metal kilogramstyle press pieces. 

15. On November 21 , 2017, United States Magistrate Judge Stephanie K. Bowman 

signed complaint affidavits and arrest warrants for PENNY and two other individuals. Law 

enforcement officers attempted to arrest PENNY at his residence, but PENNY fled on foot. 

Intercepted communications indicated that PENNY was headed to the stash house located at 

2822 Lawndale Avenue, Apartment #3, Cincinnati, Ohio. Law enforcement officers observed 

PENNY try to enter the front entrance to 2822 Lawndale A venue, Cincinnati, Ohio and 

attempted to arrest PENNY again. PENNY attempted to flee on foot, but was ultimately 

apprehended by law enforcement officers. 

16. On November 21 , 2017, agents executed five search warrants at locations 

throughout the Cincinnati area, to include 1316 Carolina A venue, Apartment #2, Cincinnati, 

Ohio in order to seize evidence related to the PENNY Drug Trafficking Organization's heroin 

and fentanyl trafficking conspiracy, and to arrest PENNY and other co-conspirators, including 

Sean 0 ' DONNELL. 

17. During the search of 1316 Carolina A venue, Apartment #2, Cincinnati, Ohio, law 

enforcement officers observed three digital scales in that contained a white-powdery residue. 

The scales were located near two empty boxes of plastic sandwich bags, which I know, based on 

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my training and expenence, are used to package and distribute controlled substances. In 

addition, a Smith & Wesson .40 caliber handgun was found m O'DONNELL's coat pocket 

located in the living/dining room area. A check of the serial number revealed that the firearm 

was stolen a few years ago from a law enforcement officer in Indiana. Based on the stolen 

firearm, drug paraphernalia and intercepted conversations with PENNY, O'DONNELL was 

arrested. During the post-arrest interview, O' DONNELL stated that he was not involved with 

the distribution of heroin/fentanyl, but admitted that he purchased crack cocaine from PENNY 

on a weekly basis and that he had been purchasing cocaine from PENNY since the fall of 2016. 

Subject Telephone 1 was located and seized from O'DONNELL's person. Subject Telephones 

2 through 4 were located in O' DONNELL's vehicle parked along the street in front of 

O'DONNELL's residence. I know, based on training and experience, that drug dealers will 

often utilize multiple phones in furtherance of a drug-trafficking conspiracy and believe that 

O'DONNELL used multiple phones to communicate with customers and sources of supply. I 

believe that probable cause exists to search the Subject Telephones and that evidence indicative 

of a drug-trafficking conspiracy will be located. 

TECHNICAL TERMS 

18. 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 wireless 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 and 

from the phone. In addition to enabling voice communications, wireless 

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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 files; 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 ("GPS") technology for determining the 

location of the device. 

b. Digital camera: A digital camera is a camera that records pictures as digital 

picture files, rather than by using photographic film. Digital cameras use a 

variety of fixed and removable storage media to store their recorded images. 

Images can usually be retrieved by connecting the camera to a computer or by 

connecting the removable storage medium to a separate reader. Removable 

storage media include various types of flash memory cards or miniature hard 

drives. Most digital cameras also include a screen for viewing the stored images. 

This storage media can contain any digital data, including data unrelated to 

photographs or videos. 

c. Portable media player: A portable media player (or "MP3 Player" or iPod) is a 

handheld digital storage device designed primarily to store and play audio, video, 

or photographic files. However, a portable media player can also store other 

digital data. Some portable media players can use removable storage media. 

Removable storage media include various types of flash memory cards or 

miniature hard drives. This removable storage media can also store any digital 

data. Depending on the model, a portable media player may have the ability to 

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store very large amounts of electronic data and may offer additional features such 

as a calendar, contact list, clock, or games. 

d. OPS: A OPS navigation device uses the Global Positioning System to display its 

current location. It often contains records the locations where it has been. Some 

OPS 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 

"OPS") consists of 24 NA YSTAR 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 specifications that 

are publicly available. A OPS antenna on Earth can receive those signals. When 

a OPS 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. 

e. IP Address: An Internet Protocol address (or simply "IP address") is a unique 

numeric address used by computers on the Internet. An IP address is a series of 

four numbers, each in the range 0-255, separated by periods (e.g., 121.56.97.178). 

Every computer attached to the Internet computer must be assigned an IP address 

so that Internet traffic 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 dynamic-that is, frequently changed-IP 

addresses. 

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f. 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. 

19. Based on my training, experience, and research, I know that these types of devices 

have capabilities that allow them to serve as a wireless telephone, digital camera, portable media 

player, and a GPS navigation device. 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. 

ELECTRONIC STORAGE AND FORENSIC ANALYSIS 

20. 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. 

21 . Nature of examination. Based on the foregoing, and consistent with Rule 

41(e)(2)(B), the warrant I am applying for would permit the examination of the Subject 

Telephones consistent with the warrant. The examination may require authorities to 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. 

22. 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. 

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CONCLUSION 

23 . I submit that this affidavit supports probable cause for a search warrant 

authorizing the examination of the Subject Telephones described in Attachment A to seek the 

items described in Attachment B. 

Respectfully submitted, 

Philip V. Brown 

Special Agent 

Drug Enforcement Administration 

Subscribed and sworn to before me on this 3 O day of November, 2017. 

llt2/lu... 

HON RABLE STEPHANIE K. BOWMAN 

UNITED ST ATES MAGISTRATE JUDGE 

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ATTACHMENT A 

The property to be searched: 

Subject Telephone 1: LG Model: LGMP260 (Black) 

SIN: 708CY AS33 l 400 

IMEi: 352130-09-331400-2 

Subject Telephone 2: LG Model: LG-TP260 (Black) 

FCC ID: ZNFTP260 

SIN: 705CYCV280819 

IMEi: 355265-08-280819-7 

Subject Telephone 3: LG Model: LGMS428 (Gold) 

FCC ID: ZNFK428 

SIN: 611CYEA948836 

IMEi: 358479-07-948836-1 

Subject Telephone 4: LG Model: LGMS210 (Silver) 

FCC ID: ZNFM210 

SIN: 703CYRN511678 

IMEi: 357588-08-511678-1 

hereinafter the "Subject Telephones" 

The above items are currently located at the DEA Evidence Room, 36 E. 7th Street, Suite 

1900, Cincinnati, Ohio. 

This warrant authorizes the forensic examination of the Subject Telephones for the 

purpose of identifying the electronically stored information described in Attachment B. 

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ATTACHMENT B 

1. All records on the Subject Telephones described in Attachment A that relate to 

violations of 21 U.S.C. §§ 841(a)(l) and 846 and involve Sean O'DONNELL, Anthony 

PENNY, and other yet known and unknown individuals including: 

a. Evidence that shows the Device was used to further facilitate the distribution of 

illegal narcotics; 

b. lists of customers and related identifying information; 

c. types, amounts, and prices of drugs trafficked as well as dates, places, and 

amounts of specific transactions; 

d. any information related to sources of drugs (including names, addresses, phone 

numbers, or any other identifying information); 

e. any information recording schedules or travel; 

f. any and all stored telephone numbers; 

g. any and all text messages, to include incoming, outgoing, saved, deleted, and 

drafts; 

h. Any and all emails, sent, received, delete, draft and/or saved; 

1. any and all voicemails; 

J. any and all photographs, electronic images, video recordings, and/or images saved 

and/or deleted on the cellular device; 

k. Any and all data retrieved from Apps on the device; 

1. any and all entries made in a calendar and/or notebook feature; 

m. any and all personal numbers associated with the cellular device to include the 

telephone number, push-to-talk number, make, model, carrier, ESN, IMEi, 

ICCID, MEID, SEID, and or IMSI. 

2. Evidence of user attribution showing who used or owned the Device at the time 

the things described in this warrant were created, edited, or deleted, such as logs, phonebooks, 

saved usemames and passwords, documents, and browsing history. 

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