Sheriff Maynard B. Reid Jr. Sheriff of Randolph County. 727 McDowell Road Asheboro, NC 27205

Transcription

1 Sheriff Maynard B. Reid,Jr. 727 McDowell Road Asheboro, NC Asheboro: (336) ArchdalefTrinity: (336) Liberty: (336) FAX: (336) Sheriff Maynard B. Reid Jr. Sheriff of Randolph County 727 McDowell Road Asheboro, NC August 30th, 2011 Katherine Lewis Parker Legal Director American Civil Liberties Union of North Carolina Foundation Post Office Box Raleigh, North Carolina Re: Request regarding cell phone location records Dear Ms. Parker: This will acknowledge receipt of your letter dated August 3, 2011 identified as a "Request Regarding Cell Phone Location Records." Item #1: location records Policies, procedures and practices you follow to obtain cell phone Any such items in the possession of our office in writing, if any, are enclosed with this letter. If no such items are enclosed, this office does not have any such items in writing. Item #2: Data retention policies, detailing how long cell phone location records are kept, databases in which they are placed, and agencies (federal, state and local) with which they are shared "TheSheriff shaflkeepand preserve the peace of hlscounty"

2 Sheriff Maynard B. Reid,Jr. 727 McDowell Road Asheboro, NC Asheboro: (336) ArchdalefTrinity: (336) Liberty: (336) FAX: (336) Retention of records is governed by the Records Retention and Disposition Schedule for a County Sheriff's Office issued by the North Carolina Department of Cultural Resources, Division of Historical Resources, Archives and Records Section, Government Records Branch. The most recent copy is dated November 10, 2008 and is located at: NC DC R. gov Ilocal/s heriffsched u le2008. pdf. Item #3: The use of cell phone location records to identify "communities of interest (detailing those persons who have been called, or called by a target)" in investigations This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat If it is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested. Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N.C. Gen. Stat and do not have to be disclosed. If the request is revised to describe the specific records requested, we will review any records that correspond to the revised request to determine whether or not they may be released. Item #4: The use of cell phone location records to identify all of the cell phones at a particular location This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat If it is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested. Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N.C. Gen. Stat and do not have to be disclosed. If the request is revised to describe the specific records requested, we will review any records that correspond to the revised request to determine whether or not they may be released. Item #5: Your use of "digital fences" (systems whereby you are notified whenever a cell phone comes within a specific geographic area) 'Th.Sheriff shallkeepand preserve the peaceo/ his county"

3 Sheriff Maynard B. Reid,Jr. 727 McDowell Road Asheboro, NC Asheboro: (336) Archdalerrrinity: (336) Liberty: (336) FAX: (336) This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat If it is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested. Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N.C. Gen. Stat and do not have to be disclosed. If the request is revised to describe the specific records requested, we will review any records that correspond to the revised request to determine whether or not they may be released. Item #6: The legal standard (e.g. probable cause, relevance) you proffer to obtain cell phone location records This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat If it is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested. Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N.C. Gen. Stat and do not have to be disclosed. If the request is revised to describe the specific records requested, we will review any records that correspond to the revised request to determine whether or not they may be released. Item #7: Judicial decisions and orders ruling on your applications to obtain cell phone location records If any such documents are in the possession of our office, they are enclosed, except for any such documents that: (1) have been sealed by court order, (2) are protected by Article 16 of Chapter 15A of the North Carolina General Statutes, Electronic Surveillance Act, or (3) are search warrants that have not yet been served and returned to the Clerk of Court. Item #8: Statistics regarding your use of cell phone location records, including the number of emergency requests for which no court order was obtained This is not a request for a "public record" as defined in N.C. Gen. Stat If our office has previously compiled a list of such "statistics," the previously "TheSheriff shallkeepand preserve/he peace of hlscounty"

4 Sheriff Maynard B. Reid,Jr. 727 McDowell Road Asheboro, NC Asheboro: (336) ArchdalelTrinity: (336) Liberty: (336) FAX: (336) compiled statistics are enclosed. enclosed. If none have been previously compiled, none are Item #9: The form in which cell phone location records are provided (hard copy, through specific online databases) This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat Item #10a: Communications with cell phone companies and providers of location-based services regarding cell phone location records, including company manuals, pricing, and data access policies Any such items in the possession of our office are enclosed. If no such documents are enclosed, our office has no such items in our possession. Item #10b Communications with cell phone companies and providers of location-based services regarding cell phone location records, including invoices reflecting payments for obtaining cell phone location records If any such "communications" or invoices are ill our possession and not prohibited from disclosure by Article 16 of Chapter 15A of the General Statutes, Electronic Surveillance Act, they are enclosed but may have been redacted to remove any information pursuant to N.C. Gen. Stat that is a "record of criminal investigation" or a "record of criminal intelligence information." If no such documents are enclosed, our office has no such items in our possession. Item #10c: Communications with cell phone companies and providers of location-based services regarding cell phone location records, including instances in which cell phone companies have refused to comply with a request or order If any such "communications" are in our possession and not prohibited from disclosure by Article 16 of Chapter 15A of the General Statutes, Electronic Surveillance Act, they are enclosed but may have been redacted to remove any information pursuant to N.C. Gen. Stat that is a "record of criminal "TheSheri(f shallkeepand preservathe peaceof hiscounty"

5 Sheriff Maynard B. Reid,Jr. 727 McDowell Road Asheboro, NC Asheboro: (336) ArchdalefTrinity: (336) Uberty: (336) FAX: (336) investigation" or a "record of criminal intelligence information." If no such documents are enclosed, our office has no such items in our possession. Sincerely, If1lt&.J&/~);<} Sheriff Maynard if. Reid Jr. Sheriff of Randolph County "TheSherift shallkeepand preserve the peaceo/ hlscounty"

6 **************************SEARCH W ARRANT*************************** STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION IN THE MATTER OF: DATE ISSUED: 210 Harvard Street (Tower number 313) Denton, N.C TIME ISSUED: NAME OF APPLICANT: Det. J.B Trogdon NAME OF CO-APPLICANT: Det. M. Reynolds To any officer with the authority and jurisdiction to conduct the searches authorized by this search warrant: I, the undersigned, find there is probable cause to believe that the property and person described in the application and related to the commission of a crime is located as described in the application. You are commanded to search the premises, vehicle, person and other place or items described in the application for the property and person in question. If tbe property and/or person are found, make the seizure and keep the property subject to Court Order and process the person according to law. You are directed to execute this Search Warrant within forty-eight (48) hours from the time indicated on this Warrant and make the return to the clerk of the issuing Court. This Search Warrant is issued upon information furnished under oath by the person or persons shown. ********************************************************************** Date: Signature: ( )Deputy CSC ( )Asst. CSC ( )Clerk of Superior Court ( ) Magistrate ( )District Court Judge ( )Superior Court Judge ********************************************************************** Return of Service: I certify that this Search Warrant was recei ved and executed as follows: Date Received: Time Received: Date Executed: Time Executed: Date Returned: Time Returned: ( ) I made a search of the residence described in this application as commanded. ( ) I seized the items listed on tbe attached inventory. ( ) I did not seize any items. ( ) This warrant was not executed within forty-eight hours of the date of issuance and I hereby return it not executed. Signature of Officer making return: Department! Agency of Officer: Randolph County Sheriff's Office This Search Warrant was returned to me on the date and time shown below. Date: Time: Signature: ( )Magistrate ( )Asst. CSC ( )Deputy CSC ( )CSC ( )District Court Judge ( )Superior Court Judge

7 *****************************Search Warrant***************************** * STATE OF NORTH CAROLINA IN TIIE MATTER OF: 210 Harvard Street (Tower number 313) Denton, N.C I, Justin B Trogdon, Detective, Randolph County Sheriff's Office being duly sworn, request that the court issue a warrant to search the person(s), place(s), vehicle(s) and other items described in this application and to find and seize the property and person(s) described in this application. There is Probable cause to believe that the following items are located at the above mentioned address. ITEMS TO BE SEIZED: Data in the form of telephone numbers transmitted by Cellco Partnership DBA Verizon Wireless tower number 313 located at 210 Harvard Street Denton N.C between the hours of 2000 hours on October 13,2009 through 0245 hours on October 14, 2009 (Data or records in electronic form to be sent by mail and e": mail to Detective M. Reynolds at the Randolph County Sheriff's Office 727 Mcdowell Rd Asheboro N.C mereynolds@co.randolph.nc.us) PREMISEIVEHICLE TO BE SEARCHED: Cell tower number 313 belonging to located at 210 Harvard Street Denton N.C Lat Long These things constitute evidence of a crime and the identity of a person participating in a crime in violation ofg.s Armed Robbery * SWORN TO AND SUBSCRlBED BEFORE ME THIS DAY OF,2009 Signature of Applicant MagistratelD.C. Judge/S.C. Judge Signature of Co-Applicant

8 *****************************Search Warrant****************************** STATE OF NORTH CAROLINA IN THE MA TIER OF: 210 Harvard Street (Tower number 313) Denton, N.C This applicant swears to the following facts to establish probable cause for the issuance of a Search Warrant: I am employed with the Randolph County Sheriff's Office and currently assigned to the Criminal Investigation Division. I have over five years of law enforcement experience and four of those years have been in the Criminal Investigation Division where I have investigated hundreds of felony case's including drug violations, murder, robberies, rape, property crime's and other related felonious crimes. These investigations have lead to the arrest and conviction of many felony violators. I have a working knowledge of Criminal Investigations and the areas that the these crimes OCCur in around Randolph County. This applicant's formal education consists of hundreds of hours of training relating to criminal investigation and law enforcement techniques. I obtained my Basic Law Enforcement CertifIcate from the North Carolina Sheriff's education and Training Standards Commission. I have written and assisted in the service of numerous search warrants and I am knowledgeable in the identification and collection of evidence of the afore mentioned crimes. Communications received a report of an robbery Upon officers arrival the listed victim. ~vised officers of the Randolph County Sheriffs Office that he white in color dually drive by his residence and later pull into his driveway to Officers as a white in color~ually with a 4x4 emblem on described the tmck as a gas burning dually as opposed to a diesel engine. reported that the tmck was very loud as if the exhaust was damaged. walked outside to see who was in the tmck and an unknown male subject came from the drivers seat of the tmck and greet~ At that time a from the other side o~ v~ in the garage area ~~~nce and presented a handgun forcin~ack into the that the two unk:ijown male subjects took several items from the residence U.S. Currency, jewelry, and a firearm reported that the male subjects ripped his phones from the wall and left his residence headed toward Asheboro. At approximately 10: ISpm Detective Reynolds met a white in colo~ * SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF,2009 Signature of Applicant MagistratelD.C. Judge/S.C. Judge Signature of Co-Applicant

9 ,. *****************************Search Warrant****************************** STATE OF NORm CAROLINA IN THE MAITER OF: 210 Harvard Street (Tower number 313) Denton, N.C DESCRIPTION OF THE PREMISE TO BE SEARCHED - tower number 313 located at 210 Harvard Street Denton N.C DESCRIPTION OF THE VEHICLE(S) TO BE SEARCHED N/A * SWORN TO AND SUBSCRIBED BEFORE ME mis DAY OF,2009 Signature of Applicant MagistratelD.C. Judge/S.C. Judge Signature of Co-Applicant

10 , ' *****************************Search Warrant****************************** STATE OF NORTH CAROllNA IN THE MAITER OF: 210 Harvard Street (Tower number 313) Denton, N,C * SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF,2009 Signature of Applicant MagistrateID.c. Judge/S.C, Judge Signature of Co-Applicant

11 ~-, **************************SEARCH W ARRANT*************************** STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION IN THE MATrER OF: DATE ISSUED: 1630 East Dixie Dr. (Tower number 407) Asheboro, N.C TIME ISSUED: NAME OF APPLICANT: Detective M. Reynolds NAME OF CO-APPLICANT: To any officer with the authority and jurisdiction to conduct the searches authorized by this search warrant: I, the undersigned, find there is probable cause to believe that the property and person described in the application and related to the commission of a crime is located as described in the application. You are commanded to search the premises, vehicle, person and other place or items described in the application for the property and person in question. If the property and/or person are found, make the seizure and keep the property subject to Court Order and process the person according to law. You are directed to execute this Search Warrant within forty-eight (48) hours from the time indicated on this Warrant and make the return to the clerk of the issuing Court. This Search Warrant is issued upon information furnished under oath by the person or persons shown. ********************************************************************** Date: Signature: ( )Deputy CSC ( )Asst. CSC ( )Clerk of Superior Court ( ) Magistrate ( )District Court Judge ( )Superior Court Judge ********************************************************************** Return of Service: I certify that this Search Warrant was received and executed as follows: Date Received: Time Received: Date Executed: Time Executed: Date Returned: Time Returned: ( ) I made a search of the residence described in this application as commanded. ( ) I seized the items listed on the attached inventory. ( ) I did not seize any items. ( ) This warrant was not executed within forty-eight hours of the date of issuance and I hereby return it not executed. Signature of Officer making return: Department/Agency of Officer: Randolph County Sheriff's Office This Search Warrant was returned to me on the date and time shown below. Date: Time: Signature: ( )Magistrate ( )Asst. CSC ( )Deputy CSC ( )CSC ( )District Court Judge ( )Superior Court Judge

12 *****************************Search Warrant****************************** STATE OF NORTH CAROLINA IN THE MA TIER OF: 1630 East Dixie Dr. (Tower number 407) Asheboro, N.C I, Michael E. Reynolds, Detective, Randolph County Sheriffs Office being duly sworn, request that the court issue a warrant to search the person(s), place(s), vehicle(s) and other items described in this application and to fmd and seize the property and person(s) described in this application. There is Probable cause to believe that the following items are located at the above mentioned address. PREMISE TO BE SEARCHED: - Cell tower number 407 belonging to located at 1630 East Dixie Dr. Asheboro, NC Lat Long Also to include any other towers providing service for 2421 US Hwy 64 East Asheboro, NC ITEMS TO BE SEIZED: Data in the form of telephone numbers transmitted by Cellco Partnership DBA Verizon Wireless providing service for 2421 East Dixie Dr. Asheboro, NC between the hours of0100am on June 21,2010 through 0300am on June 21, 2010 (Data or records in electronic form to be sent by mail and to Detective M. Reynolds at the Randolph County Sheriff's Office 727 McDowell Rd Asheboro N.C mereynolds@co.randolph.nc.us) These things constitute evidence of a crime and the identity of a person participating in a crime in violation of G.S Felonious Larceny Common Law Offense- Conspiracy to commit Felonious Larceny * SWORN TO AND SUBSCRIBED BEFORE ME THIS 23rd DAY OF JUNE,2010 Signature of Applicant Magistrate/D.C. Judge/S.C. Judge Signature of CO-Applicant

13 .' *****************************Search Warrant****************************** STATE OF NORTH CAROLINA IN TIIE MATTER OF: 1630 East Dixie Dr. (Tower number 407) Asheboro, N.C This applicant(s) swears to the following facts to establish probable cause for the issuance of a Search Warrant: This applicant has been a sworn officer with the Randolph County Sheriff's Office since 2002, and is currently assigned to the Criminal Investigative Division. This applicant has been involved in numerous investigations involving stolen property, fraudulent activity, sex crimes, assault against the person as well as homicides. On Representatives with the business of located at hported to the Randolph County Sheriffs Office that unknown person(s) had cut the fence surrounding the business and removed two zero tu~ _ brand mowers valued at approximately $19, Representatives of the business reviewed survei~ same over to the Randolph County Sheriffs Office. Officers color sport utility vehicle in the parking lot of the business with a trailer attached belonging to the unknown suspect(s) the mowers are still reported missing and the case is under investigation at Randolph Co:!!!!~~~ received an alarm call at the business Upon arrival the Randolph COlmtv s~n,oulldirlg the business had been cut and mowers with a total value of approximately.j)""',j'''' bus:ines,s. Further investigation led to the recovery of two of abandoned in the area of the business by the unknown suspect(s) Representatives with the business reviewed surveillance footage taken of the incident and turned the images of the suspects over to Officers of The Randolph County Sheriffs Office to aid in the ongoing investigation. After review of two unknown black can be seen removing the mowers from appear in the images to be involved in a cell phone conversation with unknown persons. The Modus Operandi in these two separately reported incidents are identical it is believed that these incidents are connected. To date evidence that investigators have collected indicate that unknown suspect(s) are using their cell phones to facilitate transportation to and from the scene of the crime, arrange meetings with all involved in the crime, and notify persons for the purpose of destroying evidence. * SWORN TO AND SUBSCRIBED BEFORE ME TIllS 23rd DAY OF JUNE,2010 Signature of Applicant MagistratelD.C. Judge/S.C. Judge Signature of Co-Applicant

14 ******* **********************Searcb Warrant* **************************** * STATE OF NOR1H CAROLINA INTIIE MATTER OF: 1630 East Dixie Dr. (Tower number 407) Asheboro, N.C I Detective M. E. Reynolds know from my previous experience during these type of larceny investigations that the persons involved common'ly use their cellular phones. TIlese persons 'will use illeir phones to facilitate transportation to and from the scene of the crime, arrange meetings with all involved in the crime, and notify persons fi:r,th~ : pu\ilose of destroying evidence. Also Persons involved in this type of crime will use their cellular phones to sell, trade, or arr~g~fqr procurement of the proceeds from the crime. For these reasons lsted;it is IJelieved in this crime used there telephones during the time period It is also known from previous investigations that a cellular can be used as an electronic tracking device and give a precise location of the telephone in relationship to the cellular.:.: ~-"-~. '.i., ~~._.... ~,... ~ I',. * SWORN TO AND SUBSCRIBED BEFORE ME 1HIS 23rd DAY OF JUNE,2010 Signature of Applicant MagistratelD.C. Judge/S.C. Judge Signature of Co-Applicant