United States v. Myles
| Decision Date | 25 April 2016 |
| Docket Number | No. 5:15-CR-172-F-2,5:15-CR-172-F-2 |
| Court | U.S. District Court — Eastern District of North Carolina |
| Parties | UNITED STATES OF AMERICA v. ANTOINE DEWAYNE MYLES, Defendant. |
Before the court is Antoine Dewayne Myles' Motion to Suppress Evidence from Pen Registers and Related Instruments [DE 393] pursuant to Rule 12(b)(3)(C) of the Federal Rules of Criminal Procedure. In particular, Defendant challenges phone and cell cite records obtained pursuant to state court orders issued on July 17, 2013, March 11, 2014, May 14, 2014 and July 18, 2014. The Government responded1 but Defendant did not reply. [DE 417]. For the reasons discussed below, the motion is denied.
This case arises from a joint investigation by the Sheriff's Office in Cumberland County, North Carolina ("CCSO"), the CCSO Special Response Team, the Cumberland County Bureau of Narcotics ("CCBN") and the Drug Enforcement Administration ("DEA") into cocaine and crack trafficking activities between 2000 and 2014 of a drug trafficking organization ("DTO") based primarily in the North Carolina cities of Godwin and Dunn.
On May 27, 2015, a grand jury returned an indictment charging Defendant and eighteen co-defendants with multiple counts.2 Defendant is charged with (1) conspiracy to manufacture, distribute, dispense and possess with intent to distribute more than 5 kilograms or more of cocaine and 280 grams or more of cocaine base (crack), 21 U.S.C. § 846 (count one); (2) intent to distribute a quantity of cocaine, id. § 841(a)(1) (count four); (3) conspiracy to commit money laundering, 18 U.S.C. § 1956(h) (count five); (4) five counts of concealment of money laundering, id. § 1956(a)(1)(B)(i) (counts 8, 23, 26, 30-31); (6) two counts of promotion of money laundering, id. § 1956(a)(1)(A)(i) (counts 32-33); and (7) one count of transactional money laundering and aiding and abetting money laundering, id. §§ 2, 1957.3
On four separate occasions, a superior court judge in Cumberland County, North Carolina issued orders authorizing the installation and use of pen registers and trap-and-trace devices ("pen/trap device") and "direct connect/dispatch services" and the disclosure of subscriber, cell site and call detail information and GPS and E911 location information for two cellular telephone numbers registered in Defendant's name ("pen/trap orders"). Each order allowed law enforcement to obtain and inspect Defendant's historical and real-time (or prospective) cell cite information. The pen/trap orders were issued pursuant to the Stored Communications Act ("SCA"), 18 U.S.C. § 2703, Rule 41(d) of the Federal Rules of Civil Procedure, and N.C. Gen. Stat. §§ 15A-262, 263. These orders were supported by the applications of Officer Roger Moore of the Cumberland County Sheriff's Office ("CCSO"). Officer Moore submitted the orders to Verizon Wireless, the cellular phone service provider and holder of the account associated with the two phone numbers.
On July 17, 2013, upon an application submitted by Officer Moore, a state court judge entered an order authorizing the CCSO to install and use a pen/trap device for the collection of historical cell site information for the period of July 2, 2013 through July 16, 2013 and real-time cell site information for the period of July 17, 2013 through September 15, 2013 for telephone number (910) 224-7406 - a cellular phone subscribed to and used by Defendant.
In his application, Officer Moore initially represented that the data sought from the pen/trap devices was "relevant and material to an ongoing criminal investigation" regarding "Illegal Gambling." 1st App. at 2 [DE 393-1]. In discussing the factual basis for the requested pen/trap order, however, Officer Moore explained that the CCSO was conducting an investigation into a crack cocaine trafficking organization. Id. Pursuant to this investigation, explained Officer Moore, the CCSO learned the subject associated with phone number (910) 224-7406 was involved in the trafficking of crack cocaine as well as the smuggling of bulk cash proceeds derived from the sale and distribution of crack cocaine. Id. at 4. Officer Moore stated further that based on the CCSO's investigation - including controlled buys, surveillance and multiple search warrants - Defendant was currently and had been in the past a major contributor to the sale and distribution of crack cocaine in the North Carolina counties of Cumberland, Harnett and Sampson. Id. Officer Moore also advised that Defendant had used the target telephone to coordinate the sale and distribution of crack cocaine and the transportation of proceeds from the sale of crack cocaine. Id. at 5. Finally, Officer Moore stated that just days prior to the application date, the target telephone had called a telephone number associated with a kilogram level cocaine distributer within the North Carolina. Id.
On March 11, 2014, upon an application submitted by Officer Moore, a state court judge entered an order authorizing the CCSO to install and use a pen/trap device for the collection of historical cell site information for the period of February 10, 2014 through March 10, 2014 and real-time cell site information for the period of March 11, 2014 through May 10, 2014 for telephone number (910) 818-0376 - a cellular phone subscribed to and used by Defendant.
Officer Moore explained generally that the CCSO was conducting a criminal investigation in reference to "Narcotics Trafficking" and that the pen/trap data retrieved from the target telephone (910-818-0376) would be relevant to this investigation. 2d App. at 2 [DE 393-2]. Officer Moore then provided numerous details regarding the investigation of the DTO, which was initiated in September 2000. Id. at 4. The details included the following: (1) the DTO provided supplied crack cocaine to Cumberland County, N.C. and part of Harnett County, N.C.; (2) Lemont Webb and Defendant served as the leaders of the DTO; (3) the DTO used four residences located on Godwin Falcon Road in Cumberland County, North Carolina (all owned by Harry Myles, Sr.), for selling crack cocaine and for storing the sale proceeds; (4) Defendant and Webb used the home located at 8206 Godwin Falcon Road solely for crack cocaine distribution purposes 24 hours a day, 365 days a year and distributed one to two kilograms of crack cocaine per week; (5) the people selling narcotics out of the 8206 home worked for Defendant and Webb; (6) the DTO used a shed located at 8212 Godwin Falcon Road (Webb's residence) to manufacture or cook crack cocaine; and (7) the DTO used residences of Harry Myles, Sr. (8171 Norris Road, North Carolina) and Defendant (139 Bears Lane, Dunn, North Carolina) as stash houses for money and illegal narcotics. Id. at 4-6.
The investigation of the DTO included the use of search warrants (13), controlled buys (17) and undercover purchases (4). Id. at 4. Law enforcement also relied on information provided by confidential informants and two cooperating defendants. The first cooperating defendant stated that he supplied Webb approximately 2 ounces of powder cocaine once a week, every week from 2003 to early 2005, and 9 ounces of powder cocaine every two weeks from early 2005 until October 2012. Id. at 7. The second cooperating defendant provided the following information: (1) he first sold crack cocaine to Webb in September 2008; (2) he sold cocaine to Webb on a regular basis from January 2009 until March 2010; (3) he delivered cocaine to Webb's residence (8212 Godwin Falcon Road) or to unnamed locations on Highway 82 in Dunn, North Carolina or on Bears Lane in Dunn, North Carolina (the road on which Defendant resided); and (4) Webb sold cocaine out of a home located on Bears Lane. Id. at 8-9. Both cooperating defendants advised that Webb had made over one million dollars selling cocaine and crack cocaine in and around the Cumberland and Harnett County areas of North Carolina. Id. at 10.
Finally, Officer Moore explained that phone records indicated Webb and his associates were in phone contact with phones associated with known local narcotics distributors (Durham and Greensboro, North Carolina) as well as out-of-state narcotics distributors (Illinois, Virginia and Ohio). Id. at 10.
On May 14, 2014, upon an application submitted by Officer Moore, a state court judge entered an order authorizing the CCSO to install and use a pen/trap device for the collection of the historical cell site information for the period of May 10, 2014 through May 13, 2014 and real-time cell site information for the 60-day period of May 14, 2014 through July 13, 2014 for telephone number (910) 818-0376) - a cellular phone subscribed to and used by Defendant.
Officer Moore again explained that law enforcement was conducting a criminal investigation in reference to "Narcotics Trafficking" and that the pen/trap data retrieved from the target telephone (910-818-0376) would be relevant to this investigation. 3d App. at 2 [DE 393-3]. In addition to including the information provided in the earlier applications, Officer Moore stated continued surveillance of Defendant and Webb confirmed that (1) Defendant and Webb continued to hold leadership roles in the DTO, and (2) the DTO continued to distribute crack cocaine daily from the home at 8206 Godwin Falcon based on vehicular traffic visiting the home "at all times of day and night" for periods not exceeding two minutes.4 3d App. at 10. Officer Moore also noted that continued phone record analysis during "the last two months" indicated a possible new source of supply in the Las Vegas, Nevada area. Id. This information confirmed a confidential informant's statement that Defendant and Webb "were traveling" to this area to purchase large quantities of cocaine. Id. Finally, Officer Moore explained law enforcement...
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