apex police department - american civil … are relevant and material to an ongoing criminal...

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APEX POLICE DEPARTMENT

205 Saunders Street, Apex, NC 27502-1447. Phone: 919-362-8661 • Fax 919-249-3459 • www.ApexNC.org

November 7, 2011

Katherine Lewis Parker ACLU Foundation PO Box 28004 Raleigh , North Carolina 27611

Dear Ms. Parker:

Upon receiving your request regarding cell phone location records my staff conducted a search of our records. As I stated in our phone conversation, the only cases where cell phones were used in an attempt to locate people were runaway or missing person cases. A search of our records revealed the following four cases:

2009-00001180 2009-00000727 2008-00001806 2006-00001086

Runaway Missing Person Missing Person Missing Person

Due to the circumstances of case 2009-00001180 (Runaway/Missing Juvenile) the cell phone company cooroperated with our verbal request to locate the person 's cellphone without a written request. In the remaining three cases written requests and/or subpoenas were completed in order to obtain the information needed for the investigations of these cases. As requested , I am enclosing this documentation for your review.

If you find that I can be of any further assistance in this matter, or any other in the future , please do not hestitate to contact me.

Sincerely,

ScuA-I('-~ Jack K. Lewis Chief of Police

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Enclosures (3)

Promoting Public Safety with Pride, Integrity and Service

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~DcA -COODD 727

APEX POLICE DEPARTMENT

205 Saunders Street, Apex, NO 27502·1447 • Phone: 919·362~8661 • Fax 919·249·3459 + www.ApexNO.org

May 29, 2009

Abraham,

I, Michael Garafalo, am a Police Detective with the Apex Police Department, Apex, NC. I am investigating APD case #09-000727. This case is regarding a missing female who was threatening to commit suicide. Mr. is the reporter in this case. The missing female fled with the reporter's Cricket cell phone. The number of Mr. 's Cricket phone is .

I spoke with Abraham at Cricket's Law Enforcement line in regards to the aforementioned exigent circumstances. As per Abraham's instructions, I am sending this requesting that Cricket conduct a "Live Trace" on the phone number . I am further requesting that Cricket conduct a call detailed records check for activity on the aforementioned number for the last seven days.

I, Detective Michael Garafalo, can be contacted at, (919) 249-3477 or (919)362-8661. My e-mail is [email protected]. or fa 19-249-3458.

Thank You for your assistance in t

~.~ Detective MICHAEL GARAFA 0

Apex Police Department 205 Saunders Street Apex, NC 27502 (919) 249-3477

Promoting Public Safety with Pride, Integrity and Service

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STATE OF NORTH CAROLINA COUNTY OF WAKE

IN RE:

CRIMINAL INVESTIGATION

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IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

ORDER

THIS CAUSE HAVING COME ON TO BE HEARD before the undersigned Judge Presiding and for good cause being shown to the attached affidavit, it is ordered that the administrator of Subpoena compliance at Alltel, Building 4, Third Floor, One Allied Drive, Little Rock, AR 72202-2099 provide to the Wake County District Attorney's Office or Law Enforcement Agency or Officer listed on the attached Affidavit the following telephone records:

*Requesting subscriber identification AND complete phone records for the telephone number listed. .

Records are requested for the date of November 25, 2008 from 000 hours through November 27,2008 at 2200 hours.

*(Subscriber identification is any/all billing information, including the name and address of the account holder as well as any other person or persons listed with said account as a responsible or authorized person or Persons).

*(Complete phone records include a verbatim search of any/all incoming toll calls made to account AND any/all incoming local calls made to account AND any/all outgoing toll calls made from account AND any/all outgoing local calls made from account AND to whom the telephone numbers of those calls are registered if possible AND including the cellular site Tower location that the call was routed or switched during each call, and the location and physical address of the cellular site tower and a complete listing of all cellular Site Tower locations that are contained during these record searches).

COMPENSATION: Applicant's agency shall compensate Provider for reasonable expenses in complying with this order.

NON-DISCLOSURE ORDER: Provider shall not notify Subscriber or any other person of the existence or content of this order as follows: ( )Until90 days from the date of this order. (x )Until further order of this COUlt.

FINDINGS (1) Provider is an electronic communication service company as defined in 18 USC § 2510(15)

and is doing business in N Olth Carolina.

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(2) Pursuant to 18 USC §§ 2703(c)(I)(B), 2703(c), and 2703(d), this COUlt may order a provider of an electronic communication service doing business in NOlth Carolina to disclose the records listed above to an officer who has established reasonable grounds to believe said records are relevant and material to an ongoing criminal investigation.

(3) Applicant has filed with this COUlt a declaration containing specific and articulable facts establishing reasonable grounds to believe the listed records are relevant and material to an ongoing criminal investigation.

(4) Applicant's declaration has established grounds for a non-disclosure order pursuant to 18 USC § 2705(b). Grounds for nondisclosure are based on the following: [check one or morel

. ( )Danger to life or safety ( )Flight from prosecution ( x )J eopardize an investigation

. ( )Evidence destruction or tampering ( )Intimidation of potential witnesses

RETURN TO: Detective B. Byrne Apex Police Department 205 Saunders St. Apex, NC 27502 Phone:(919) 249-3444 Fax (919) 249-3458 benjamin.byrneialapexnc.org

This ___ day of ______ , 2008.

Superior Court Judge

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AFFIDAVIT

I, Detective B. Byrne of the Apex Police Department, being duly sworn, request that the court issue an order to produce any and all records described in this application. There is probable cause to believe that telephone records of who uses a cellular telephone number of will assist in the location of . The applicant swears to the following facts to establish probable cause for the issuance of a propeltylrecords production order:

On 11125/2008 was seen at his home by his parents at about 10:00 pm. , 's father, said that had told him that he needed to give some

fi'iends who were waiting in a car some items from his room. went to his room, left the house and was not seen again. reported his son missing on 11/26/2008 at about 5:33 pm. As of 11127/08 the Apex Police Department has been unable to develop any leads in this case, as all of 's friends claim that they have not seen him.

cannot locate his sons cellular phone and it is, therefore, believed that has his cellular phone with him.

has been diagnosed as bi-polar and, according to his parents, he is without his medication. The parents are relatively certain does not have his medication as they control the distribution of the medication to .

A Silver Aleli was issued on 1112612008 for due to his medical condition and the fact that he is without his medication.

On 09/30/2008 attempted to sl.licide by overdose (Apex case 08-1528).

As is without his necessary medication and his whereabouts are unknown I request the COUlt issue an order for the release of the complete phone records to include the location and physical address of the cellular site tower and a complete listing of all cellular Site Tower locations.

The applicant swears to the above facts to establish probable cause for the issuance of telephone records order.

SWORN AND SUBSCRIBED TO BEFORE ME

/:Ly'71'Y?z2J6lr--]NOTARY/Sr,;.~,E\~U()IZCOlJI~T JU])G~)" 7(A-!\Ji;~ / '43 (./ (2-- ?i\ ~·tD (DATE)

~ ilJJ Q" d'" ,(MY COMMISSIONEXP1RES) . 'l/t

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Zf:;(){o -D DDD fl2io

Sprint Nextel Legal Complian<::e Jeri 6480 SJ:rint Parkl.\'ay, 2"<1 Flcor Electronk: Surveillance Tech Owrlalld Park, KS 66251 Offic • .:-: ($138) 877-7330 F~x: (913) 315-01:518

MANDATORY INFOR~·1ATION F"n ~XT,......r-nl"" I"'"'IRrl 1I'1.1IS"'T"/\ l\lrr- RrOUE<-~<VK C _I..JCI'I! I I.,. I.,.VIVI I RI'III.,.C C ;;:, I;;:'

Agency letter head must be faxed with this form Call Sprint Corporate Security before faxing this form.

Fax a!! requests to Sprint at 913-315-0818 Emergency Contact: 1-888-877-7'330 Press Emergency Options

***PLEASE PRINT*** LAW El\'FORCEMENT AGENCY (LEA) ~,( ~ I', L e ADDRESS OFLEA )05 Sa..«l'lcliil':'i sf> ~.-( 1IIC- .2... 7Sa2-PHONE l\T[Ji\ffiER OF LEA 9/:14- [lJ"j . 341:> 7;i:x # q 1'1 -.2'-1 <i - 3'-1,,>-AGENT'SNAME (),,+- ;5._ j~+-AGENT'S TITLT! ~~ +iV't. RA DGE # "15'1 SUPERVISOR'S N.",\: ,To,x ( SUPERVISOR'S PHONE #<jf'1 - .2Y7' - 3 '-15 (

I hereby certify that I have been granted authority by the above-mentioned LEA to determine and declare an exigent situation involving:

a) immediate danger of death or serious bodily injurY to any person; b) conspiratorial activities characteristic of organized crime; c) an immediate threat to a national security interest.

Below is my description of the exigent Situation that requires Sprint Nextel to respond immediately (please include the Sprint Nextel phone number or any other relevant information):

j_Subscriber Information __ Cal! Detail Records (within the past week) __ Call Detail Records v'lith cell site information (within the past week) _. _Precision Location of mobile device (GPS Location) :F __ ReaJ-time audio interception (wiretap) * * __ Real-time Pen Register, Trap S. Trace *' * __ Other, please specify: __________ _

* You must have access to CALEA delivery capability with Sprint. f Pursll"nt to Title 18 United States Code §2518, §2701, and §3125 all ele,tronic surveillance and location information assistance will terminate if the appropriate legal demand or customerconsen is not received within 48 hours. The valid legal de. . r c. tomer ,0 1S lt h Id be faxed to 913-315-0818.

~-21-0lf DATE

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Jun 27 06 05:02p Apex PO Support Services (919J249"'3458

State of North Carolina County of 'if ake

In The General Court Of Justice Superior Court Division

NU. tJtU [,I~1<J4

,F·2

INRE: ORDER

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UUI J.Il n ilIi Its ISUBPO£N~ COMPLIANCE GROUP: CRIMINAL INVESTlGATION

THIS CAUSE HAVING COME ON TO BE HEARD before ilie undersigned Judge Presiding and for good cause being shown pursuant to the attached documem, it is ordered Ihat the Custodian of Records or any authorized person(s) with Bellsouth Telecommunications lUust provide to the Law Enforcement ,,)..gency or Officer listed below and On Llle attached documents the following records for:

Any and all records, including but not limited to:

• Incoming and outgoing local and long distance calls.

• Calls made tmd received from 6113/06 10 6/19/06

• Phone numbers associated with these calls

This infonnation is requested as it may lead to ,~vidence of the crime: Identity Theft,

It is further ordered that Yahoo.com! be prohibited from infonning account holders of this request for account information so as not to compromise an ongoing criminal investigation.

This the J3-, day of June, 2006

Records must be released/delivered to:

Detective Joey Best Apex Poiiee Department 205 Sautlders SI Apex, NC 27502 Office: (919) 249-3475 Fax: (919) 249-3458 Agency file # 06-00 I 086

Supenor Court Judge

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16:11

Jun 27 OS 05,021" Apex PD Support Services

AFFIDi\Vrr

(9).9J249-3458 NO. 883 11005

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1, Detective Joey Best, Apex Poke Department, being duly sworn, request that the court issue an order to produce and/or any records describ,.d in this application. There is probable cause to believe that records of the Bell South Telecommunications phone number, constitutes evidence of a crime and/or the activity of a person participating in this crime to \\1t: MISSING PERSONIRUNA WA Y

The applicant swears to the following facts to establish probable cause for the issuance of propertylrecords production order:

On 6/19/06 reported his juveinle daughter, , missing, believing she has run away. He reported she was last seen at around 6:30 am on the morning of 6/19/06. stated he discovered passports belonging to both and his oldest daughter, , missing. He also discovered green card documents belonging to and gone. During the initial investigation, a hand written note was found in 's room showing bus schedules from Raleigh, NC to the New York City Port Authority as well as cab fare costs. reported he has family living in the Montreal, Canada area. He also stated has had an internet relationship with a male from Korea. Altbis point in the investigation, we have been unable to find any type of computer Or cellular phone evidence to show had \leen communicating with a third party. It is therefore requested that Bell South Telecommunications release phone records to include: incoming and going local and long distance calls for the above listed phone number begining with 6/13/06 and ending on 6/19/06.

It is further requested that Bellsouth Telecommunications not contact anyone associated with the number about this court order as to not interfere with this ongoing investigation.

SWORN AND SUBSCRlBED TO BEFORE ME

COMMISION EXPIRES)

to the application included above, thi:; application is supported by attached, made by __ ,...,.. __ -:-:----::---,--___ .,.-;--

to the affidavit included above, this application is supported by sworn by __

testim(lnY had been (check appropriate area) _,reduced to writing. _ recorded I have filed each with the Clerk.


Detective Joey Best Apex Police Department 205 Saunders St. Apex, NC 27502 919-249-3475 919-249-3458 (fax) Agency Case # 06-00 1086

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State of North Carolina County of Wake


INRE: ORDER


THIS CAUSE HAVING COME ON TO BE HEARD before the undersigned Judge Presiding and for good cause being shown pursuant to the attached document, it is ordered that the Custodian of Records or any authorized person(s) with Bellsouth Telecommunications must provide to the Law Enforcement Agency or Officer listed below and on the attached documents the following records for:


• Incoming and outgoing local and long distance calls. • Subscriber information for all incoming calls. • Calls made and received from 6/23/06 to 6/29/06.

This information is requested as it may lead to evidence of the crime: Missing person/runaway.

It is further ordered that Bellsouth Telecommunications be prohibited from informing account holders of this request for account information so as not to compromise an ongoing criminal investigation .

. /-.,~(~-. This the ~ day of July, 2006


Detective Joey Best Apex Police Depatiment 205 Saunders St Apex, NC 27502 Office: (919) 249-3475 Fax: (919) 249-3458 Agency File # 06-001086

\ f--

1 of 1

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AFFIDAVIT

I, Detective Joey Best, Apex Police Department, being duly sworn, request that the comt issue an order to produce andlor any records described in this application. There is probable cause to believe that records of the Bellsouth Telecommunications phone number, constitutes evidence of a crime andlor the activity of a person participating in this crime to wit: MISSING PERSON/RUNA WAY

The applicant swears to the following facts to establish probable cause for the issuance of propertylrecords production order:

On 611 9/06 reported his juveinle daughter, , missing, believing she has run away. He repOlted she was last seen at around 6:30 am on 611 9/06.

stated he discovered passports belonging to both and his oldest daughter, , missing. He also discovered green card documents belonging to and gone. During the initial investigation, a hand written note was found in

's room showing bus schedules from Raleigh, NC to the New York City Port Authority as well as cab fare costs. He also stated about a week prior to leaving, a not was found stating she was going to leave and go to Kansas. repOlied he has family living in the Montreal, Canada area, He also stated has had an internet relationship with a male from Korea. The investigation has revealed a possible link to an internet friend in Kansas City, MO. has contacted her sister via MSN messenger on three occasions, the most recent being 6/28/06. During these contacts she made reference to being out of state, specifically to being in Kansas. None of the contacts revealed an exact location of her whereabouts. On 6/29/06 at approximately 3:00 pm,

contacted her home phone number and asked to speak with her father. When she was told he was at work, hung up the phone. It is therefore requested that Bellsouth Telecommunication release records to include: incoming and outgoing local and long distance phone calls for 6/23/06 to 6/29/06 and subscriber information for all incoming calls received for that time period.

It is further requested that Bellsouth Telecommunications not contact anyone associated with the number about this comi order as to not interfere with this ongoing investigation.

SWORN AND SUBSCRIBED TO BEFORE ME "tke Couryty, porth Carolina /lQtt:.;5, 'i, ,'-___ , (NOTARY) ~"'-"---l4-'-i'-n.-r __ (DATE)

(-1'5-, ,I (MY COMMISION EXPIRES) p)i . GW)IC('

_ In addition to the application included above, this application is snpported by additional affidavit(s) attached, made by ____________ _ _ In addition to the affidavit included above, this application is supported by sworn testimony, given by ____________ _ This testimony had been (check appropriate area) _reduced to writing, _ recorded and I have filed each with the Clerk.

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Detective Joey Best Apex Police Department 205 Saunders St. Apex, NC 27502 919-249-3475 919-249-3458 (fax) Agency Case # 06-001086

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State of North Carolina County of Wake


INRE: ORDER


THIS CAUSE HAVING COME ON TO BE HEARD before the undersigned Judge Presiding and for good cause being shown pursuant to the attached document, it is ordered that the Custodian of Records or any authorized person(s) with SprintlNextel must provide to the Law Enforcement Agency or Officer listed below and on the attached documents the following records for:


• Incoming calls. o Subscriber information for all incoming calls. o Calls received from 6/19/06 to 7/6/06.

This information is requested as it may lead to evidence of the crime: Missing person/runaway.

It is further ordered that SprintlNextel be prohibited from informing account holders of this request for account information so as not to compromise an ongoing criminal investigation.

This th/11~ day of July, 2006 ('


Detective Joey Best Apex Police Depmiment 205 Saunders St Apex, NC 27502 Office: (919) 249-3475 Fax: (919) 249-3458 Agency File # 06-001086

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AFFIDAVIT

I, Detective Joey Best, Apex Police Department, being duly sworn, request that the court issue an order to produce' and/or any records described in this application. There is probable cause to believe that records of the SprintlNextel phone number, constitutes evidence of a crime and/or the activity of a person pmiicipating in this crime to wit: MISSING PERSON/RUNA WAY

The applicant swears to the following facts to establish probable cause for the issuance of property/records production order:

On 6119/06 reported his juveinle daughter, , missing, believing she has run away. He reported she was last seen at around 6:30 am on 6/19/06.

stated he discovered passports belonging to both and his oldest daughter, , missing. He also discovered green card documents belonging to and gone. During the initial investigation, a hand written note was found in

's room showing bus schedules from Raleigh, NC to the New York City Port Authority as well as cab fare costs. He also stated about a week prior to leaving, a not was found stating she was going to leave and go to Kansas. reported he has family living in the Montreal, Canada area. He also stated has had an internet relationship with a male from Korea. The investigation has revealed a possible link to an internet friend in Kansas City, MO. has contacted her sister via MSN messenger on three occasions, the most recent being 6/28/06. During these contacts she made reference to being out of state, specifically to being in Kansas. None of the contacts revealed an exact location of her whereabouts. On 6/29/06 at approximately 11: 17 am,

contacted her father's Nextel and left a voice mail. The voice mail stated she was in Kansas and working and was okay. It is therefore requested that SprintiNextel release records to include: incoming phone calls for 6/19/06 to 7/5/06 and subscriber information for all incoming calls received for that time period.

It is further requested that SprintiNextel not contact anyone associated with the number about this court order as to not interfere with this ongoing investigation.

_.In addition to the application included above, this application is suppolied by additional affidavit(s) attached, made by ---:-;----:c--:--;------;-;----

_ In addition to the affidavit included above, this application is supported by sworn testimony, given by __ ;-:---; ___ --:-__ --:-_--: This testimony had been (check appropriate area) _reduced to writing. _ recorded and I have filed each with the Clerk.

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Detective Joey Best Apex Police Department 205 Saunders St. Apex, NC 27502 919-249-3475 919-249-3458 (fax) Agency Case # 06-001086

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