US v. Timothy Graham

8/16/2019 US v. Timothy Graham

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AO 106 Rev 04/10 Application f ora Search Warrdnt

UNITED STATES DISTRICT COURT

for the

Southern District

of

California

DTLEO

In the Matter

of

the Search of

Briefly describe the property to e searched

or identify the person by name and address)

)

Case

No.

FEB 0 8 2 16

Information associated

with

a Samsung Galaxy S5,

Model SM-G900A

at

Google, Inc., 1600 Amphitheatre

Parkway

in

Mountain

View,

CA

APPLICATION FOR A SEARCH WARRANT

161tJ 381

I,

a federal law enforcement officer or an attorney for the government, request a search warrant and state under

penalty

of

perjury that I have reason to believe that on the following person or property

identify the person or describe the

p r § , i t ~ l . A { f a t c l , s ~ a ~ ~ r ~

and give its location);

located in the

NORTHERN

District

of

CALIFORNIA

, there is now concealed

identify the

..............................................................

~

person r describe the property to e seized):

See Attachment B

The basis for the search under Fed. R. Crim. P.

41

(c) is

check one or more):

evidence

of

a crime;

o contraband, fruits

of

crime, or other items illegally possessed;

r Iproperty designed for use, intended for use, or used in committing a crime;

o a person to be arrested or a person who is unlawfully restrained.

The search is related to a violation of:

Code Section

Offense Description

18 U.S.C. 2113(a) Bank Robbery

The application is based on these facts:

See

attached AFFIDAVIT

IN

SUPPORT OF

AN APPLICATION

FOR A SEARCH

WARRANT

Continued on the attached sheet.

o Delayed notice of d days (give exact ending date

if

more than.zo days:

) is requested

under

18

U.S.c.

§

3r3a the basis

of

which is set forth on the

} ~ h e d

sheet.

~ ~

~ ~ ~ ~ ~ - ~ ~ ~ - A P - ~ - l i - c a - n - t - s - S l - g - n a - t u - r - e ~ ~ ~ ~ - - - - - - -

_ [ ) ~ \ l i 9 . ~ < : I 0 n a n

~ p ~ ~ i ~ I , ~ ~ : : , .

Printed name and title

Sworn to before me and signed in my presence.

Date:

02 08 2016

City and state:

San

California

HON. BARBARA

L.

'V',....JLin.

US

MAGISTRATE

JUDGE

Printed name and title

Case 3:16-mj-00381-BLM Document 1 Filed 02/08/16 Page 1 of 9


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AFFIDAVIT IN SUPPORT

OF

APPLICATION FOR

SEARCH

WARRANT

I David

Coonan

being duly sworn hereby

depose

and

s t a t e

as fol lows:

1 . I am a Specia l

Agent

of the Federa l

Bureau

of

Inves t iga t ion and have been so employed fo r approximately

f ive

years .

2. I am cur ren t ly ass igned to

the

San Diego Off ice North

County Resident Agency where I i n v es t i g a t e white

c o l l a r

cr imes

inc lud ing

bank

f raud

inves tment

f raud mail

and

wire fraud

as

well

as v io len t

cr imes

inc lud ing bank

robbery .

3. This a f f i dav i t

i s in

suppor t of an

app l ica t ion

by the

uni t ed

Sta tes of America for a search warrant on Google I n c . an

I n t e r n e t

Service Provider

with

i t s primary computer information

systems

and o ther

e lec t ron ic

communicat ions

and s torage systems

records and da ta loca ted a t

1600

Amphitheatre Parkway in Mountain

View CA, as descr ibed fu r the r in

Attachment

A in re fe rence to

da ta

from MSISDN 16195171889 IMEI 354691067444313 IMSI

310410850067863

SN

- R38G50KPX8L from a Samsung Galaxy

S5

Model

SM-G900A

se ized

from

Timothy

GRAHAM

a t

the t ime

of h i s a r r e s t

on

November

20 2015. The

United

S ta t e s seeks

da ta t h a t would

cons t i tu t e

evidence

of v io la t ions of federa l cr imina l

law

namely

Ti t l e

18

uni t ed S ta t e s

Code

Sect ion

2113

as

more

fu l l y

descr ibed

in At tachment B.

4.

Google c o l l e c t s and r e t a i n s l o ca t i o n

da ta

from

Android

enabled

mobile devices such as a Samsung

Galaxy

S5 Model SM-

G900A. The company uses t h i s

in fo rmat ion

fo r loca t ion based

adver t i s ing and loca t ion based search

r e su l t s .

Per

Google

t h i s



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informat ion i s

der ived

from Global Pos i t ion System GPS)

datal ce l l

s i t e / ce l l tower informat ion

l

and Wi Fi access poin ts . While the

spec i f i c

parameters of when

t h i s da ta

i s col lec ted

are

not ent i re ly

c lea r

it

appears

tha t

Google

col l ec t s t h i s

da ta

whenever

one

of

t he i r

serv ices i s ac t iva ted and/or whenever there i s

an event on

the mobile device

such

as a phone ca l l i

t ex t

messages in te rne t

access

or email access.

5.

The fac ts

se t fo r th in

t h i s a f f i dav i t

are based on my own

personal knowledge; knowledge obtained from other indiv iduals

during

my

par t i c i pa t i on in t h i s

i nves t iga t ion

l

inc luding

other law

enforcement

of f i ce r s i interviews of

vic t imsi my

review

of

documents

and

computer records

re la ted

to

t h i s

i nves t iga t ion ;

communications

with

o ther s who have

personal

knowledge

of the events

and

circumstances descr ibed herein ; and informat ion gained

through

my

t r a in ing and exper ience. Because t h i s a f f idav i t i s submitted for

the l imi ted purpose of

es tab l i sh ing

probable cause in

suppor t

of

the appl ica t ion for a

search warrant

it does not

se t

fo r th each

and every fac t t ha t

I or o thers have learned during

the

course of

th i s i nves t iga t ion .

ST TEMENT OF PROB BLE C USE

6. On Thursday

November

19 2015

a t

approximate ly 11: 10

a.m l a

male

subsequent ly

iden t i f i ed

as

TIMOTHY

GR H M

robbed

the

Bank

of

America

l

loca ted

a t

1407 Main

treet l

Ramona

Cal i forn ia .

GR H M entered the bankl

wrote

a note

on

a depos i t s l ip approached

the t e l l e r window and placed the

note

on

the

counter

in f ront of

the vic t im

t e l l e r .

He then

used his r i gh t

hand

to li t

the edge of

his

s h i r t

and

pointed to

his r igh t hip. The

vic t im

t e l l e r saw the

robber

had

a handgun in his waistband

and

descr ibed it as having a

AFFIDA VIT IN SUPPORT OF APPLICATION

2

FOR SEARCH WARRANT

TO

GOOGLE



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rounded wooden

handle .

The

vic t im

t e l l e r then read the

note,

which

demanded $10,000.

The robber verbal ly ins t ruc ted the vic t im t e l l e r

not to a c t iva t e

the

alarm. The vic t im t e l l e r gave

GRAHAM

$3,040.10 .

GRAHAM

took

the

money

from

the

vic t im

t e l l e r

and

walked

towards

the

f ron t ent rance

of the

bank. GRAHAM took

the

note with

him

when he

l e f t

the

scene of

the

robbery. The vic t im

t e l l e r

descr ibed the robber

as

an older white male, age

of

approximately

65

years, height of

f ive fee t and seven to eight inches , skinny

bui ld

weighing 150

to 160 pounds, unshaven,

wearing a

white

basebal l

cap,

t i n t ed glasses ,

and

a

gray

s t r i ped

sh i r t .

7 .

During the evening of November 19, 2015, a f t e r publ ic

broadcas t ing of the survei l lance

camera

pic tures

from

the

scene of

the

robbery,

both the FBI and

the San Diego County Sher i f f ' s

Office

(SDSO) rece ived numerous t i p s from members of the

publ ic .

Mult ip le

t ips ident i f i ed the man in the bank robbery survei l lance p ic tures

as GRAHAM, a Ramona, Cal i forn ia res ident .

8 . SDSO detec t ives reviewed photographic

l ine-ups ,

which

included a photograph of GRAHAM with

the

v ic t im

t e l l e r and

another

bank

employee!

who had observed the robber enter ing and leaving the

bank.

Both ind iv iduals iden t i f i ed

GRAHAM as

the

robber,

one

with

60%

cer ta in ty

and

the

other with 90%

cer ta in ty .

9.

SDSO

obta ined a sea rch warrant for GRAHAM S residence and

vehic le .

GRAHAM'S

res idence

was

located

a t

515

D

Stree t

Ramona!

Cal i forn ia , approximately a mile from the

Bank

of America. During

the

course of the search,

a

.357 ca l iber

revolver with a

rounded

wooden

handle

was found under GRAHAM'S

bed,

GRAHAM i s not the

regis te red

owner

of

the revolver .

Further / a photograph of

GRAHAM

was found in

GRAHAM's

house in which GRAHAM i s

wearing

a grey

3

AFFIDAVIT IN SUPPORT OF APPLlCAnON

FOR

SEARCH WARRANT TO GOOGLE


http:///reader/full/3,040.10http:///reader/full/3,040.10


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s t r i p e d s h i r t

c lo s e ly

resembl ing the s h i r t seen in the

Bank

of

America

su rve i l l ance video from the robbery.

10. The same Bank o f America loca t ion was robbed

a t

the same

t ime

and

in

the

same

manner on

February

11,

2015,

al though

the

suspec t

did

not

di sp lay

a gun dur ing

the

February robbery .

In

February, the t e l l e r gave the robber 3,104. Su rv e i l l an ce images

from

t h a t

robbery

dep ic t

a suspec t

t h a t

matches GRAHAM's

phys ica l

appearance,

though t h i s t ime the

robber

was hidden

behind

a

p a i n t e r s mask, a

s k i

hat

and

g las ses . On the days immedia te ly

fol lowing

the February 11, 2015,

robbery,

t he re i s a se r i e s o f

unexpla ined cash

depos i t s

t o t a l i n g

3,200

i n to GRAHAM's Chase Bank

checking account .

11.

Based

on the Chase Bank records ,

t appears

GR H M took

out one o r more

onl ine , no-co l l a t e ra l ,

h i g h - i n t e re s t loans

in

2015.

By the

November 19,

2015, robbery , GR H M was

in

a despera te

f inanc ia l s i t u a t i o n .

12. When GR H M was ar res ted , he had a

Samsung Galaxy

S5,

Model SM-G900A

c e l l u l a r

te lephone

i n h i s possess ion

(GRAHAM's

phone) , which had ac t i v e

se rv ice

with AT T. Pursuant to a warrant ,

agen ts

ga ined the

fo l lowing in fo rmat ion by downloading GRAHAM's

phone: MSISDN 16195171889,

IMEI

354691067444313, IMSI

310410850067863, SN - R38G50KPX8L.

13.

Based

on

my

t r a i n i n g

and

exper ience ,

and

in

consu l t a t ion

with o t h e r agen ts exper ienced in s imi l a r i n v es t i g a t i o n s and in GPS

data , c e l l s i t e / c e l l tower in fo rmat ion and Wi-Fi access

points ,

bel i eve t i s l i k e l y

t h a t

Google

can prov ide

me with GPS

data , c e l l

s i t e / c e l l tower in fo rmat ion and Wi-Fi

access

po in t s

fo r

GRAHAM's

phone. I

be l i eve

t h i s d a t a w i l l show the movements of GRAHAM's

AFFIDAVIT IN SUPPORT OF APPLICATION

FOR SEARCH WARRANT

TO

GOOGLE

4

I



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phone and

may

as s i s t me in ident i fy ing

GRAHAM's

loca t ion

a t

the

t ime

of

the bank robber ies on February 11, 2015, and November 19,

2015, which in

turn

could

be

used as evidence of vio la t ions of 18

U.S.C.

§

2113.

PRIOR

ATTEMPTS TO

OBTAIN THIS EVIDENCE

14.

The

United Sta tes has

not at tempted to

obta in

th i s

evidence

by

other means.

NOTE; The United Sta tes did

apply for ,

and

obta in , a 2703d order

on

December

22, 2015. The United Sta tes

received resu l t s from AT T, but AT T only provided

ce l l

s i t e

loca t ion his tory .

That data

places GRAHAM's phone in

Ramona

but

does l i t t l e to pinpoint his loca t ion

within

Ramona. Given tha t we

are

reques t ing

GPS

data,

ce l l s i t e l c e l l

tower

t r i angu la t ion l t r i l a t e r a t ion

and

precis ion measurement informat ion

such

as t iming advance or

per ca l l measurement data,

and Wi-Fi

locat ion the

data

sought from Google should provide grea ter

spec i f ic i ty

as

to GRAHAM's

phone 's

loca t ion .

AFFIDAVlT IN SUPPORT OF APPLlCAnON

5

FOR SEARCH WARRANT TO GOOGLE



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CONCLUSION

22. Based on the foregoing,

the re probable cause

to

bel ieve tha t the

i tems

iden t i f i ed in Attachment B have been used in

the

commission

of

a

crime

and

cons t i tu te

evidence,

f ru i t s

and

i n s t rumen ta l i t i e s

of

v io la t ions

of Ti t l e

18, United

Sta tes

Code, §§

924 c) and

2113 and

wil l be

found a t

the

premises to

be

searched as

provided in Attachment A

Davidrcoona:n

Specia l

Agent

Federal

Bureau

of

Invest iga t ion

Subscr ibed and

sworn

to

before

me

t h i s

day

of February,

2016.

NITED

STATES MAGISTRATE

JUDGE

6

AFFIDA VIT

IN

SUPPORT OF APPLICAnON

FOR SEARCH WARRANT TO GOOGLE



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ATTACHMENT

A

Prope r ty To Be

Searched

MSISDN 16195171889 IMEI 354691067444313 I IMSI

310410850067863 I

SN

-

R38G50KPX8L

f rom a Samsung Galaxy S5

1

Model

SM-G900A l o c a t ed

a t Google , I n c . ,

1600

Amphi thea t r e Parkway in

Mounta in

View,

CA

7

AFFIDA

VLT IN

SUPPORT OF APPLICA TlON

FOR

SEARCH

WARRANT TO

GOOGLE



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ATTACHMENT

B

I tems

To Be Seized

Locat ion

History Al l

loca t ion

da ta whether der ived from Global

Posi t ioning System (GPS) data , c e l l s i t e / c e l l tower

t r i angu l a t i on / t r i l a t e ra t i on , and precis ion

measurement informat ion

such

as

t iming

advance o r

pe r

c a l l measurement

data ,

and Wi-Fi

loca t ion . Such

da ta sha l l

inc lude

the PS coordina tes

and the

da tes

and t imes of a l l

l oca t ion

recordings

from

8 am to

8 pm on

February

11,

2015

and

8 am

t

8

pm on November 19, 2015.

8

AFFlDAVIT

IN

SUPPORT OF APPUCATION

FOR SEARCH WARRANT

TO

GOOGLE


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US v. Timothy Graham

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