Case Document 1 Filed 08/30/01: Page 1 of 4 .IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE APPLICATION 4% PURSUANT TO 18 MISC. NO. FOR HISTORICAL RECORDS 3 0 2001 ELECTRONIC COMINICATIO awaxfiaigegum a, awn APPLICATION OF THE UNITED STATES FOR AN ORDER PURSUANT TO 18 U.S.C. 2703(d) The United States of America, by and through its counsel, Stephen M. Schenning, United States Attorney for the District of Maryland, and Jonathan P._Luna, Assistant United States Attorney for said district, hereby asks the Court, ex parte, for an order under seal pursuant to 18 U.S.C. 2703(d) to require Verizon Wireless, a cellular telephone service provider, to provide historical records pertaining' to ?call details and cell site information" for cellular telephone (443) 257-6343 subscribed to by NaCoe Ray Brown, during the following times and dates: I 03/12/01 07:00 hours through 18:30 hourS; 04/04/01 11:00 hours through 18:00 hours;~/ 05/09/01 12:00 hours through 17:00 hours; and 05/11/01 11:00 hours through 17:00 In support of this Application the United States states: 1. A cellular telephone is mobile and has limited range. It must establish a connection through various communication towers located throughout the United States that relay a signal to its raw/7W Case Document 1 Filed 08/30/01 Page 2 of 4 ultimate destination. As the cellular telephone establishes these connections, a record is made of the location of the tower through which the communication was initiated. Verizon Wireless routinely maintains records of these connections, which are known as ?call details and cell site information.? These records do not include the contents of any communications made over the cellular telephone that are covered by 18 U.S.C. 2703(a) and The records are routinely maintained by Verizon Wireless in the normal course of business and used for billing purposes. 2. Call details and cell site information records can be used to determine the approximate location of the cellular telephone at various times when calls were made to or from the telephone. The records can indicate the route traveled by the caller and the caller?s most recent location. 3. The Federal Bureau of Investigation (FBI) has been investigating Nacoe Ray Brown for bank robbery offenses since May 2001. Through surveillance of the getaway driver, it was determined that cellular phones are commonly used. during the commission of the crimes. A review of subpoenaed phone records of the getaway driver show phone calls from the getaway driver?s cell phone to Nacoe Ray Brown's cell phone during the commission of the robberies of the First Mariner Bank at 60 Painters Mill Road, Baltimore Maryland on March 12, 2001; the Mercantile Safe Deposit and Trust Company at 101 Painters Mill Road, Baltimore Maryland on Case Document 1 Filed 08/30/01 Page 3 of 4 April 4, 2001; the attempted bank robbery of the Hopkins Federal Bank on May 9, 2001 and the robbery of the Patapsco Bank at 1844 East Joppa Road, Parkville, Maryland on May 11, 2001. On June 27, 2001, both the getaway driver and Nacoe Ray Brown were arrested by the FBI for bank robbery. The getaway driver is cooperating with the government and has confessed to his involvement in the bank robberies with Brown. The getaway driver described in detail his involvement in the bank robberies on March 12, 2001, April 4, 2001, May 11, 2001 and the attempted robbery on May 9, 2001. He described how in each instance he called Brown on his cell phone before Brown entered the banks and maintained an open phone connection so that he could warn Brown if the police were in the vicinity. In the attempted bank robbery of the Hopkins Federal Bank on May 9, 2001, the driver described how Brown left the bank because Brown thought the manager had already pushed the alarm before he had time to initiate the robbery. In continuing to? gather evidence against Brown, the FBI requests detailed cell site information to verify that Brown's cell phone was in the vicinity of the banks during the commission of the bank robberies and the? attempted bank robbery. Based upon the foregoing, the government submits that there are reasonable grounds to believe that call details and cell site information are records that are routinely maintained by Verizon I Case Document 1 Filed 08/30/01 Page 4 of 4 Wireless that are relevant and material to an ongoing criminal investigation. The Government requests, pursuant to Title 18 U.S.C. ?2703(d), that the Court direct Verizon Wireless to provide the FBI with call (443) details and cell site information pertaining to cell phone 257?6343, subscribed to by Nacoe Ray Brown, during the following times and dates: 03/12/01 07:00 hours through 18:30 hours; 04/04/01 11:00 hours through 18:00 hours; 05/09/01 12:00 hours through 17:00 hours; and 05/11/01 11:00 hours through 17:00 hours. Applicant further requests that the Court seal this application and the Court?s order and direct that three (3) certified copies of the Order and the Application be provided by the Clerk of this Court to the United States Attorney?s Office. Respectfully submitted, Stephen M. Schenning United States Attorney By: 74am onat an P. Luna 05' Assis nt United States Attorney