IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

FILED 

TIME 2:SffM 

MJV 2 7 2017 

RICHARD W. NAGEL 

Clerk of Court 

IN THE MATTER OF THE SEARCH OF A CINCINNATI, OHIO 

BLACK ZTE CELL PHONE AND A 

SIL VER LG CELL PHONE CURRENTLY 

IN THE CUSTODY OF A TF 

Case No. I 117MJ -912 

AFFIDAVIT IN SUPPORT OF AN 

APPLICATION UNDER RULE 41 FOR A 

WARRANT TO SEARCH AND SEIZE 

I, JOHN SCOTT, 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- an 

electronic device-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 the Bureau of Alcohol, Tobacco, Firearms, and 

Explosives ("ATF"), and have been since April 2000. During my time as a federal criminal 

investigator, I have participated in numerous investigations that have resulted in the execution of 

Federal search warrants. I am familiar with the Federal statutes pertaining to criminal use and 

possession of firearms as outlined in the 1968 Gun Control Act. 

3. 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 

4. The property to be searched is (1) a black ZTE cell phone, model ZTE N817, 

serial number 325773808B2C; and (2) a silver LG cell phone, model LGMS210, serial number 

70 I CYLH606808, hereinafter the "Devices." The Devices are currently in the custody of A TF. 

5. The applied-for warrant would authorize the forensic examination of the Devices 

for the purpose of identifying electronically stored data particularly described in Attachment B. 

PROBABLE CAUSE 

1. On or about July 2, 20I 7, at approximately 3:04 AM, two individuals 

(" Individual-I " and " Individual-2") were captured on surveillance video kicking in a glass door 

and making entry into a gun store ("Gun Store-I ") that is a Federal Firearms Licensee ("FFL"), 

located on Reading Road, Sharonville, Ohio. I have reviewed surveillance video from Gun 

Store-I, and from that review, I have learned, among other things, the following: 

a. Individual-I and Individual-2 were in the vicinity of Gun Store-I for at least an 

hour before the forced entry. 

b. Individual-I and Individual-2 fled Gun Store-I approximately three minutes after 

they forced entry. 

2. I have spoken with law enforcement about the robbery of Gun Store-I, and 

reviewed reports, and from those conversations and that review, I have learned, among other 

things, the following: 

a. The owner of Gun Store-I told law enforcement, in substance and in part, that 

approximately 20 firearms were stolen. 

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3. While canvassing the area around Gun Store-I, law enforcement located leaves 

that appeared to have urine on them. The leaves were collected and tested by the Ohio Bureau of 

Criminal Investigation crime lab, which identified creatinine 1 on the leaves. A preliminary 

association was made between the creatinine and the DNA profile of Seronte NEWBY and 

Ronqueize HEAD. 

4. On or about July 8, 20I 7, at approximately 3:04 AM, two individuals resembling 

Individual-I and Individual-2 were captured by surveillance video attempting to enter a gun store 

("Gun Store-2") that is an FFL, located on Hempstead Drive, Cincinnati, Ohio. I have reviewed 

surveillance video from Gun Store-2, and from that review, I have learned, among other things, 

that the individuals fled Gun Store-2 almost immediately after an alarm inside Gun Store-2 was 

activated. 

5. On or about July 8, 2017, at approximately 4:39 AM, an alarm activated at an 

FFL gun store ("Gun Store-3") located on Dixie Highway, Florence, Kentucky. 2 

6. Law enforcement spoke with the owner of Gun Store-3, who told law 

enforcement, in substance and in part, that approximately 22 firearms were stolen. 

7. On or about July 16, 2017, at approximately 5:45 AM, two individuals resembling 

Individual-I and Individual-2 were captured by surveillance video breaking into an FFL gun 

store ("Gun Store-4") located on Tahlequah Trail, Springboro, Ohio. 

1 Creatinine is a human waste product from the blood that passes through the kidneys and is then 

eliminated through urine. 

2 I know from an internet search that Gun Store-2 is approximately 23 miles from Gun Store-3. 

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8. Law enforcement spoke with the owner of Gun Store-4, who told law 

enforcement, in substance and in part, that approximately 32 firearms were stolen. 

9. Law enforcement obtained historical cell sites for the phone number associated 

with Seronte NEWBY. Analysis revealed that the phone number hit off towers in the vicinity of 

the gun stores around the times of the robberies. For instance, on or about July 8, 2017-the day 

of the attempted robbery of Gun Store-2 and successful robbery of Gun Store-3-the phone 

number hit off of a tower in the area Gun Store-2 approximately a half an hour after the 

attempted robbery, and hit off of a tower in the area of Gun Store-3 approximately 15 minutes 

after the robbery. 

10. On or about November 15, 2017, a Grand Jury in the Southern District of Ohio 

returned an indictment charging Seronte NEWBY and Ronqueize HEAD with, inter alia, 

conspiracy to commit theft of federal firearms licensees and theft of federal firearms licensees. 

On or about November 17, 2017, Seronte NEWBY and Ronqueize HEAD were arrested 

pursuant to arrest warrants. 

11. The Devices are currently in the lawful possession of ATF. They came into 

ATF's possession pursuant to the lawful arrest of Seronte NEWBY, when ATF recovered the 

Devices from his person. 

12. The Devices are currently in storage with ATF. In my training and experience, I 

know that the Devices have 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 Devices first 

came into the possession of A TF. 

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TECHNICAL TERMS 

13. 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 

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 

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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 

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

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

d. 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 

"GPS") consists of24 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 

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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 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. 

e. 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 flash 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 ("OPS") 

technology for determining the location of the device. 

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. 

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14. Based on my training, experience, and research, and from consulting the 

manufacturer's advertisements and product technical specifications available online at 

http://www.lg.com/us/cell-phones/lg-MS210-Metro-PCS-aristo and 

http://assurancewireless.virginmobileusa.com/userguides/ assets/ aw-ztequest. pdf, I know that the 

Devices have capabilities that allow them to serve as wireless telephones, digital cameras, 

portable media players, GPS navigation devices, and PDAs. 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 

15. 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. 

16. 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 Devices were used, the purpose of their use, who used them, and when. There is probable 

cause to believe that this forensic electronic evidence might be on the Devices 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 file). 

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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. 

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 are 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 finding 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. 

f. I know that when an individual uses an electronic device to plan robberies or 

broker gun sales, the individual's electronic device will generally serve as a 

storage medium for evidence of the crime. From my training and experience, I 

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believe that an electronic device used to commit a crime of this type may contain: 

data that is evidence of how the electronic device was used; data that was sent or 

received; and other records that indicate the nature of the offense. 

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

4l(e)(2)(B), the warrant I am applying for would permit the examination of the devices 

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 devices to human inspection in order to determine whether it is evidence 

described by the warrant. 

18. Manner of execution. Because this warrant seeks only permission to examine 

devices 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 

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

authorizing the examination of the Devices described in Attachment A to seek the items 

described in Attachment B. 

Subscribed and sworn to before me 

ovember 27, 2017: 

Respectfully submitted, 

John Bureau 

Special 

of 

Agent 

tt~ Alcohol, Tobacco, Firearms, and 

Explosives 

ON. TEPHANIE K. OWMAN 

UNITED STATES MAGISTRATE JUDGE 

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ATTACHMENT A 

The property to be searched is (1) a black ZTE cell phone, model ZTE N817, serial 

number 325773808B2C; and (2) a silver LG cell phone, model LGMS210, serial number 

701 CYLH606808, hereinafter the "Devices." The Devices are currently in the custody of ATF. 

This warrant authorizes the forensic examination of the Devices for the purpose of 

identifying the electronically stored information described in Attachment B. 
ATTACHMENT B 

1. All records on the Devices described in Attachment A that relate to violations of 

Title 18, United States Code, Sections 371 and 922(u) and involve SERONTE NEWBY since 

May 1, 2017, including: 

a. Evidence of planning and/or execution of firearm robberies, including purchase of 

items used in firearm robberies; 

b. Evidence of firearm trafficking; 

c. Lists of customers and related identifying information; 

d. Types, amounts, and prices of guns trafficked, as well as dates, places, and 

amounts of specific transactions; 

e. Any information related to sources of guns (including names, addresses, phone 

numbers, or any other identifying information); 

f. Schedule, travel, and location information; 

g. All bank records, checks, credit card bills, account information, and other 

financial records. 

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

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

saved usernames and passwords, documents, and browsing history; 

As used above, the terms "records" and " information" include all of the foregoing items 

of evidence in whatever form and by whatever means they may have been created or stored, 
including any form of computer or electronic storage (such as flash memory or other media that 

can store data) and any photographic form. 

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