INCLUDE AGENT'S INTERPRETATION OF ANY CODED LANGUAGE. IF
WIRETAPPED CALL IS LENGTHY, SUMMARIZE.]
IMPORTANT: THE MAGISTRATE JUDGES NOW REQUIRE THAT IF THIS IS AN
EXTENSION OF A PEN/TRAP ON SUBJECT
TELEPHONE[S],
YOU MUST INCLUDE
A PARAGRAPH CONTAINING THE DATE, MISC. NO. AND SIGNING JUDGE OF
ANY PRIOR PEN REGISTER ORDERS ON EACH SUBJECT TELEPHONE[S] IN YOUR
CASE AND A SUMMARY OF THE RESULTS OF THE PRIOR PENS DURING THE
MOST RECENT 60-DAY PERIOD. IF SUMMARY OF PAST PEN[S] DOES NOT
INDICATE CRIMINAL ACTIVITY, JUDGE MAY NOT GRANT REQUESTED
EXTENSION.
b.
[INSERT EXPLANATION AS TO WHY RECORDS OR OTHER
INFORMATION IDENTIFYING SUBSCRIBERS FOR TELEPHONE NUMBERS OBTAINED
THROUGH THE PEN REGISTER AND TRAP AND TRACE DEVICES ON THE SUBJECT
TELEPHONE NUMBER[S] ARE RELEVANT AND MATERIAL TO YOUR
INVESTIGATION. THE FOLLOWING IS A SAMPLE FOR NARCOTICS CASES,
WHICH YOU MAY ADAPT TO YOUR CASE: Based upon SA [AGENT'S NAME'S]
experience, information identifying the subscribers for numbers
obtained from numbers captured by the pen register and the trap
and trace devices, and stibscriber information associated with any
service changes, has yielded information that is relevant and
material to narcotics trafficking investigations. Such
information includes leads relating to: (1) the names of suspected
suppliers,
customers and other individuals who assist in the
distribution of narcotics; (2) the location of "stash" houses
where narcotics are stored; (3) the identity of transportation
sources used by the drug traffickers; (4) the locations of money
transfer businesses used by members of the operation to launder
proceeds of drug trafficking activities or through which money is
exchanged with coconspirators ; (5) the geographic breadth of the
suspected drug trafficking
cell;
and (6) the identities of
potential organizers, leaders, managers, or supervisors of the
suspected trafficking cell by examining the calling patterns
revealed by the toll data. SA [AGENT'S NAME] has advised me that,
based upon [his] [her] training and experience, one way to
identify coconspirators is to evaluate the pattern of calls and to
obtain information identifying stibscribers for calls made to and
from the Subject Telephone Number[s] which could be potential
coconspirators and then to conduct an investigation concerning
those individuals. Based upon the subscriber information, SA
[AGENT'S NAME] would also direct other investigators to conduct
surveillance at the addresses and determine if criminal activity
was occurring there, which in turn could yield potential names of
coconspirators and potential narcotics storage locations used by
the organization.
Obtaining the subscriber name, address, date of birth, social
security nximber, driver's license information, contact names and
numbers,
employment information, and method of payment is critical
to accurately identifying such subscribers because, among other
things:
(1) if the subscriber name is a common one and/or the
subscriber address is not current, it can be difficult to
accurately identify the sxibscriber without a date of birth,
driver's license or social security number, especially in an area
with a population as the Central District of California; (2) if
the STibscriber name and address is fictitious, which frequently is
the case when criminals purchase telephones, all or part of the
remaining identification information may be truthful and help
identify the svibscriber or lead to identifying other
Pen Cell known phone Sept 2004
185