UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

FILED 

RICHARD W. NAGEL 

CLERK OF COURT 

20!8 JUL 12 PM 3: 25 

U.S. DISTRICT CO'.JH T SOU TH C:~N DIST OH:O 

l/.1EST DIV ~:c1N {!\Ti 

IN THE MATTER OF THE SEARCH OF 

THE CELLULAR TELEPHONE 

ASSIGNED CALL NUMBER 513-288-9121 

(AT&T) 

CASE NO. t I 1 8 M J - 4 1 8 

UNDERSEAft 

AFFIDAVIT IN SUPPORT OF 

AN APPLICATION FOR A SEARCH WARRANT 

I, Mitchell S. Bedard, 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 and 18 U.S.C. §§ 2703(c)(l)(A) for information about the location 

of the cellular telephone assigned call number 513-288-9121 ("Target Telephone"), whose 

service provider is AT&T, a wireless telephone service provider headquartered at 11760 U.S. 

Highway 1, North Palm Beach, Florida. 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") with the Drug Enforcement Administration ("DEA"), 

and have been so employed since October 2015. I have been a law enforcement officer since June 

25, 2009, spending three years with the United States Border Patrol and three years with 

Immigration and Customs Enforcement. I have graduated from the U.S. Border Patrol 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 violations of federal law, 

particularly those found in Title 21 and Title 18 of the United States Code. 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 multiple 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 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 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 Anthony PHILLIPS, Charles ODEN, and other as-yet 

unknown individuals. I believe there is probable cause that the Target Telephone is being used 

in furtherance of the aforementioned crimes. There is also probable cause to believe that the 

location of Target Telephone will constitute evidence of those criminal violations, and will lead 

to the identification of individuals who are engaged in the commission of these offenses. 

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THE RELEVANT FACTS 

1. On May 18, 2018, Cincinnati Police Department conducted a vehicle stop on 

Anthony PHILLIPS as he operated a truck with open traffic capiases. During the traffic stop, 

PHILLIPS fled on foot but was apprehended shortly thereafter. A quantity of cocaine, PHILLIPS' 

watch, and keys to the truck PHILLIPS was operating were located in close proximity to where 

PHILLIPS was apprehended. Furthermore, PHILLIPS possessed a bag which held a plastic jar 

containing more cocaine. 

2. During a post arrest interview, PHILLIPS admitted to possessing the controlled 

substances recovered during his arrest. Additionally, PHILLIPS admitted to possessing additional 

quantities of cocaine stored inside of 3421 Trimble Avenue, Apartment # 1, Cincinnati, Ohio. 

PHILLIPS provided consent to search the residence. During the consent search, officers located 

additional quantities of cocaine, kilogram wrappers, a digital scale, U.S. currency, drug processing 

equipment (gloves and drug press), four cellphones, and a stolen handgun. In total, officers located 

and seized approximately 1.948 kilograms of cocaine and seven grams of fentanyl 1• PHILLIPS 

was processed and released in anticipation of his continued cooperation with law enforcement. On 

May 21, 2018, PHILLIPS contacted Cincinnati Police Officer Josh Schrage and advised that he 

(PHILLIPS) no longer wished to cooperate with law enforcement. 

3. In May 2018, Investigators met with a CS2 who admitted that he/she had recently 

acquired approximately a kilogram of cocaine from PHILLIPS for approximately $32,000. The 

CS said that that he/she met PHILLIPS through another source of supply named "Little Charles" 

and that PHILLIPS was one of "Little Charles"' primary customers. The CS also admitted to 

1 Weight and substance obtained from a report prepared by the Hamilton County Coroner's Laboratory 2 The CS has been convicted of drug violations in the past and had provided information to law enforcement officers 

in exchange for consideration in his pending drug violation. Information provided by the CS have been 

independently corroborated by investigators. 

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purchasing kilogram quantities of cocaine from "Little Charles" in past. The CS described "Little 

Charles" as a black male, 5'05" to 5' 06" tall, stocky build and being 42 to 43 years of age and was 

able to identify "Little Charles" as Charles ODEN from a photograph. The CS stated ODEN 

previously used telephone number 513-915-3632 and felt confident that he/she could obtain a 

current number for ODEN. 

4. In June 2018, the CS told Cincinnati Police Department Narcotics Investigators that 

he/she spoke to ODEN on ODEN's new telephone number 513-952-7704. During the call, the CS 

and ODEN discussed PHILLIPS' arrest. ODEN told the CS that because of PHILLIPS' pending 

charges, ODEN was not going to conduct any drug business for 60 days to let things cool off. 

However, during the call ODEN told the CS that ODEN knew someone who had marijuana for 

$240 per ounce. 

5. On June 25, 2018, Cincinnati Police Department Narcotics Investigators directed 

the CS to place a recorded and monitored telephone call to ODEN on telephone number 513-952-

7704. During the call, ODEN and the CS discussed ODEN obtaining a "zip" of "smoke." Based 

on my training, experience, and information provided by the CS, I believe that a "zip" of "smoke" 

is an ounce of marijuana. 

6. On June 21, 2018, SA Tyler Field obtained call and subscriber records for the 12 

most frequent contacts of a mobile telephone, with assigned telephone number 513-602-0285, 

seized during the consent search at PHILLIPS' apartment on May 18, 2018. According to call 

records, six of these contacts began calling the TARGET TELEPHONE on or after June 2, 2018. 

7. On June 25, 2018, SA Field obtained subscriber and call records for the TARGET 

TELEPHONE from AT&T pursuant to an administrative subpoena. According to subscriber 

records, the TARGET TELEPHONE was activated on May 19, 2018, the day after PHILLIPS 

was arrested and released, with no listed subscriber name or address. According to call records, 

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29 telephone numbers previously contacting the telephone seized from PHILLIPS' apartment 

following his arrest were also in contact with the TARGET TELEPHONE. Additionally, 

between May 26, 2018 and June 30, 2018, there were at least 72 communications between the 

TARGET TELEPHONE and ODEN on 513-952-7704. 

8. Based on my training, experience, discussions with other law enforcement 

officers/agents, my knowledge that PHILLIPS was arrested and subsequently released on May 18, 

2018, my knowledge that the TARGET TELEPHONE was activated the following day, and my 

knowledge there are a large number of common contacts between the telephone seized from 

PHILLIPS' apartment and the TARGET TELEPHONE, I believe that PHILLIPS is the user of 

the TARGET TLEPHONE. Based on my knowledge that PHILLIPS was arrested in possession 

of cocaine, the CS's statement that ODEN is a cocaine source of supply, the CS's statement that 

he/she contacted ODEN on telephone number 513-952-7704 and discussed PHILLIPS' arrest and 

that ODEN was going to let things cool off following PHILLIPS' arrest, I believe that ODEN and 

PHILLIPS are involved in a drug trafficking conspiracy. Consequently, I believe that the 

communications between the TARGET TELEPHONE and ODEN's telephone number 513-952-

7704 were in furtherance of their drug trafficking conspiracy. 

11 . Based on my training, experience, discussions with other law enforcement 

officers/agents, my knowledge that CS-1 called the Target Telephone and talked to ODEN, and 

my knowledge that the Target Telephone subscriber information contains a fictitious address 

and name, I believe that ODEN used the Target Telephone to facilitate the transaction of one 

ounce of marijuana with CS-I. 

9. Based on the aforementioned facts and reporting, I believe there is probable cause 

to show that Anthony PHILLIPS is using Target Telephone to commit federal narcotics offenses 

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and that the information requested will assist the DEA in identifying co-conspirators and additional 

cellular devices owned and operated by the targeted subjects. 

10. 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) E-911 

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. 

11. 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 AT&T network or with such other 

reference points as may be reasonably available. 

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

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

AUTHORIZATION REQUEST 

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13. 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). 

14. 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 subscriber or user of the Target 

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

that person 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). 

15. I further request that the Court direct the AT&T to disclose to the government any 

information described in Attachment B that is within the possession, custody, or control of AT&T 

I also request that the Court direct AT&T 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 AT&T services, including 

by initiating a signal to determine the location of the target cell phone on AT&T 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 reasonably compensate AT&T for reasonable expenses 

incurred in furnishing such facilities or assistance. 

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16. 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 phone to determine the location of the target cell phone. 

17. In accordance with 18 U.S.C. § 3103a(b) and Federal Rule of Criminal Procedure 

41(f)(3), I further request that the warrant delay notification of the execution of the warrant for 30 

days after the date of this warrant (including any extensions thereof) because there is reasonable 

cause to believe that providing immediate notification may have an adverse result, as defined in 

18 U.S.C. § 2705. Providing immediate notice would seriously jeopardize the ongoing 

investigation by prematurely revealing its existence and giving suspects an opportunity to flee 

from prosecution, destroy or tamper with evidence, intimidate potential witnesses, notify 

confederates, and change patterns of behavior. 

18. 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, 

Drug 

DaSpecial ~~Enforcement 

Agent 

mm~ Administration 

scribed and sworn to before me on this J 1 day of July, 2018. 

,..._ 

HO ORABLE STEPH NIE K. BOWMAN 

UNITED STATES MAGISTRATE JUDGE 

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ATTACHMENT A 

Property to Be Searched 

I. The cellular telephone assigned call number 513-288-9121 (Target Telephone), whose 

wireless service provider is AT&T, a wireless telephone service provider headquartered in 

Bellevue, Washington. 

2. Information about the location of the cellular telephone assigned call number 513-288-

9121 (Target Telephone) that is within the possession, custody, or control of AT&T, 

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 target cell phone described in Attachment A for a 

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

target cell phone" 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 cellular 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 AT&T, AT&T is required 

to disclose the Location Information to the government. In addition, AT&T 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 

AT&T services, including by initiating a signal to determine the location of the target cell phone 

on AT&T 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 AT&T for 

reasonable expenses incurred in furnishing such facilities or assistance. In addition the 

government may initiate a signal to determine the location of the target cell phone. 

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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