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BGF 2010 Warrant

BGF 2010 Warrant

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Published by: citypaper on Apr 14, 2010
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103. Based on the information set forth elsewhere in this

affidavit, my training, experience, and participation in narcotics

investigations, and my conversations with other law enforcement

officers, there is probable cause to believe that the Subject

Premises are locations being used for the storage and distribution

of narcotics, narcotics proceeds, and the facilitation of narcotics

offenses. Additionally, there is probable cause to believe that the

BGF is an association-in-fact racketeering enterprise, and the

Subject Premises are used by the enterprise to further the

enterprise’s illegal activities.

70.Based upon my training and experience and my

participation in this and other narcotics investigations, as well

as my conversations with other agents, I know the following:

101

a. Narcotics traffickers often maintain on hand

large amounts of both narcotics and currency in order to maintain

and finance their on-going narcotics business, as well as

paraphernalia used in the manufacture, packaging, preparation, and

weighing of illegal narcotics in preparation for trafficking, and

narcotics traffickers maintain these items where they have ready

access to it.

b. Narcotics traffickers often maintain financial

records and financial instruments related to their narcotics

transactions and the profits derived from those transactions

including, but not limited to, currency, bank checks, cashiers

checks, Western Union receipts, money orders, stocks, bonds,

precious metals, and real estate records;

c. Narcotics traffickers frequently maintain records

of their narcotics transactions including, but not limited to,

books, ledgers, records and other documents relating to the

manufacture, transportation, possession, and distribution of

controlled substances. Such documents are frequently maintained

where the traffickers have ready access to them, including in their

homes;

d.

Narcotics traffickers commonly maintain books,

records and other documents that identify and contain the names,

addresses and/or telephone or pager numbers of associates in their

narcotics-trafficking or money-laundering activities, including, but

102

not limited to: address books, telephone books, rolodexes,

telephones, pagers, or personal digital assistants with stored

telephone information, notes reflecting telephone and pager numbers,

photographs (to include still photos, negatives, movies, slides,

video tapes, and undeveloped film), and audiotape recordings of

conversations, including those made over telephone answering

machines;

e.

Narcotics

traffickers

commonly

maintain

identification and travel documents, including, but not limited to,

tickets, transportation schedules, passports, notes and receipts

related to travel, and motel/hotel receipts;

f.

Indicia of occupancy, residency and/or ownership

of the premises to be searched are often present in such premises;

g.

Narcotics traffickers commonly maintain many of

the foregoing items in computer files; and

h.

Narcotics traffickers commonly maintain the

foregoing items inside combination or key-lock safes or strong

boxes, suitcases, locked cabinets and other types of locked or

closed containers, or hidden compartments, which are secreted in

locations such as the SUBJECT PREMISES, where they may maintain

these items securely.

104. I am further aware based upon my training and

experience and my participation in this and other investigations,

as well as my conversations with other agents that:

103

a. Gang members will often maintain and/or possess

a roll call where they list the gang name and then list the members’

names below. Roll call lists often include dollar amounts that

signify and track dues payments made by gang members at meetings.

They may also list the names of allies and rival gangs. Dues are

used to help certain gang members who are incarcerated for acts of

violence and/or drug trafficking post bail or obtain an attorney.

They are also used to purchase weapons or as a “tithe” to higher-

ranking gang members.

b. Gangs use graffiti to mark their territory and

graffiti can be used to disrespect or make threats against rival

gangs, by crossing out the rival gang’s graffiti, or “tag,” and

placing their own “tag.” “Tagging” is an activity where the

participants and/or gang adopt a unique written nickname known as

a “tag.” Gang members “tag” on public or private property and will

often include the gang name in order to show the gang’s area of

control and their personal affiliation with the gang. The writing

of the “tags” results in the crime of destruction of property.

“Taggers” often write their friends’/fellow gang members’ names in

tagging scrapbooks. They also record their “tags” in these books

and will cut out newspaper articles on graffiti and put them in

their scrapbooks. They often will write their unique “tag,”

nickname, and/or gang name on their personal property to identify

their property or to practice their tag. This personal property

104

often includes papers, sketchbooks, bedroom walls, backpacks, and

other personal items. They will sometimes try variations of their

“tag” to see how it looks when done differently. Gang members often

possess many items such as spray-paint and wide tip marking pens for

this purpose.

c. Gang members will often maintain photographs,

video recordings, clothing, drawings, letters, notes, cards, or

other correspondence which show their association and/or membership

with the gang as well as their relationship to other members and

associates of the gang. These videotapes and/or photographs

sometimes depict the gang members committing criminal acts,

admitting to the crimes, and making threats against rival gangs.

The correspondence often contains directives from more senior

incarcerated gang members instructing persons on the street to carry

out various criminal acts and must be maintained by persons on the

street as their proof that they have the authority to commit certain

criminal acts. The correspondence also often includes discussions

about criminal acts committed on behalf of BGF. This correspondence

constitutes evidence of criminal acts committed in furtherance of

the underlying criminal enterprise but also documents the gang

member’s association with that enterprise. Your affiant also knows

that gang members in this investigation have referred to and used

the Internet to contact other members. Your affiant knows that

there are websites that gang members use to establish profiles and

105

to identify and locate other gang members.

d. Gang members keep in close contact with members

of their gang as well as members of allied gangs. They often

maintain phone and address lists of their associates. These lists

will typically include the person’s nickname or “street name” as

well as their real name. Gang members have been known to use

beepers, cell phones, and two-way digital radios to keep in contact

with each other and to plan and advise about gang meetings. Gang

members often communicate with each other through letters,

particularly when they are incarcerated. Their letters sometimes

detail criminal acts they have done as well as referring to other

gang members and disclosing their identities and crimes they have

committed.

e. Gangs, including BGF, have books or other

documents that set forth the rules and/or code of conduct for

members of the gang. These books are distributed to and maintained

by gang members. BGF members are required to study, and are tested

on their knowledge of, these materials.

f. BGF members use prepaid credit cards as a means

of financing the gang’s illegal activities, and often maintain such

cards and documents relating to such cards.

g. Based on participation in this investigation as

well as discussions with other law enforcement officers, I know that

the type of documents and records described above are typically

106

found at the residences of gang members and that such evidence

assists in proving the allegiance of a particular individual to the

gang. I am aware from search warrants conducted in connection with

this and other gang investigations that document(s) that refer or

relate to the individual’s membership in the gang are often located

among the individual gang member’s personal belongings.

A.

SUBJECT PREMISES #1 - 1120 Homewood Avenue, Baltimore,

Maryland

105. Based on evidence developed during this

investigation, including information provided by confidential

sources and calls intercepted during wiretaps, I have learned that

Kimberly McIntosh, a/k/a “Sister Kim,” is the highest ranking female

member of BGF in Baltimore. As more fully described above, calls

intercepted over the wiretaps in this investigation indicate that

McIntosh is responsible for the finance of the BGF on the streets

of Baltimore. Additionally, she utilized Subject Premise #1 for the

cutting, packaging, the sale of heroin, and other controlled

substances, as well as near daily meetings of other high ranking

members of BGF. During these meeting, various racketeering

activities of the BGF are discussed and debated among the ranking

structure of BGF, to include, the sale of drugs, acts of violence,

and the disciplining of non-compliant BGF members. In addition to

the calls summarized above, throughout the investigation law

enforcement has intercepted conversations between McIntosh and

others discussing the use of Subject Premise #1. For example:

107

a. On March 7, 2010, at approximately 11:09 a.m.,

Duncan placed an outgoing call to Jermain Davis a/k/a Dirty Rice.

During the conversation Duncan asked, "You got some empty caps?"

Davis answered, "Yeah." Duncan responded, "I need them yo. I'm

over Sis house (a reference to Sister Kim’s house, Subject Premise

#1)." Davis responded, "Alright." Based on their training and

experience and other information developed during this

investigation, law enforcement agents believe that Duncan was

advising Davis that he needed some "empty caps" (a reference to

gelatin capsules used for packaging heroin). Davis advised that he

had what Duncan needed at which time Duncan told Davis to bring the

item to "Sis house" (McIntosh's residence, Subject Premise #1.).

b. On March 8, 2010, at approximately 6:21 p.m.,

Duncan received an incoming call from Davis. During the

conversation Davis asked, "Where you at yo?" Duncan answered, "I

had to dip off." Davis asked, "Oh you coming back?" Duncan

responded, "Yeah go to the house and get it." Davis responded,

"Alright." Duncan continued, "Alright I'll be back though but go

to the house and get it." Based on their training and experience

and other information developed during this investigation, law

enforcement agents believe that Duncan was advising Davis to go to

McIntosh's, 1120 Homewood Avenue, Subject Premise #1, and obtain the

heroin which Davis was to sell. On March 7, 2010, SOI #1 notified

law enforcement that Duncan had called he/she on (410)599-5750, the

108

Coil Cellphone, and instructed SOI #1 to have Davis come to

McIntosh's residence because he (Duncan) needed Davis to sell heroin

for McIntosh. A short time after law enforcement received the

information from SOI #1, surveillance officers observed Duncan meet

with Davis near the McIntosh residence.

c. On March 21, 2010, at approximately 2:39 p.m.,

Duncan placed an outgoing call to (443)540-5082 utilized by an

unidentified male (UM). During the conversation Duncan asked,

"Where you exactly at?" The UM responded, "Um I'm coming from

church brother. Now is not a good time. Hello." Duncan responded,

"I'm listening." The UM advised, "Yeah now is not a good time

brother. I'm coming from church." Duncan spoke to McIntosh in the

background, "He say he ain't gonna be able to make your all meeting

he coming from church." McIntosh responded, "Ok what time he get

out a church?" Duncan advised, "He coming from church now." The

UM asked, "Where the brother, where the brother at?" Duncan

responded, "No it's (unintelligible). No I ain't talking about that

situation. I'm talking about you need to get with these, with your

other brothers. (Unintelligible) obligation. Your obligation, if

you can't fulfill it then let me know now." The UM yelled, "Stop

the bull crap alright yo." Duncan responded, "It's a meeting. So

could you make it or not?" The UM yelled, "I told you I'm coming

from church. What can I do yo? (Unintelligible) loud on me when

you in front of them niggers, Donnie (Duncan). What you doing man?

109

What you gonna do yo?" Duncan responded, "That's what I'm asking.

You can't make it let me know." The UM responded, "Alright I can't

do it yo."

d. On March 21, 2010, at approximately 2:44 p.m.,

Duncan received an incoming call from the same UM as the preceding

call. During the conversation the UM advised, "You cannot be upset

with these little, little spur of the moment meetings." Duncan

responded, "I don't got nothing to do with the committee they, they

call the meetings brother. You see what I'm saying? And…" McIntosh

was then heard in the background, "It's like, and it's an

emergency." Duncan continued, "It's an emergency, it's an emergency

meeting and if you can't make then you can't make it." Duncan then

spoke to an unknown person on another phone. Duncan then returned

to the UM and said, "There ain't nobody here yet. But everybody is

on their way here (a reference to McIntosh’s residence, Subject

Premise #1)." Duncan explained that he and "Smiley" were the only

individuals at McIntosh's residence. The UM advised that he was on

his way. Based on their training and experience and other

information developed during this investigation, law enforcement

agents believe that during the preceding two calls Duncan, McIntosh

and other high ranking BGF members were having an unscheduled

"emergency" BGF meeting and wanted every high ranking BGF member to

be in attendance. During these calls, law enforcement was

monitoring a camera positioned to view the 1100 block of Homewood

110

Avenue, the location of Subject Premise #1. Law enforcement was

able to observe Duncan, Harried, a/k/a Smiley, and Erik Ushry near

the entrance to Subject Premise #1.

106.1120 Homewood Road, Baltimore, Maryland, identified

herein as Subject Premise #1, is a three story painted red brick row

home with a white entry door with a white mailbox to the left of the

entry door. I have learned from records maintained by Baltimore Gas

and Electric (“BGE”) that the utilities for Subject Premise #1 are

in the name of Danisha M. McIntosh.

107. Beginning on or about March 5, 2010, law enforcement

installed a pole camera. The camera maintained a view of the 1100

block of Homewood Avenue, on the same side of the street as Subject

Premise #1. Because of the location of the camera, law enforcement

could not view the front door of Subject Premise; however, it was

possible to view individuals approaching the location. At various

times during this investigation, law enforcement was able to observe

Duncan, McIntosh, Harried, and others going to and from Subject

Premise #1. As recently as April 5, 2010, law enforcement has

surveilled McIntosh entering and exiting this location.

108. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations,

I respectfully submit that there is probable cause to believe that

there will be found in Subject Premise #1 the items set forth in

Attachment A, which constitute evidence, fruits and/or

111

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962,

which prohibits participation in a racketeering conspiracy; 21

U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and

conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of

drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes

in aid of racketeering, and 18 U.S.C. § 1956(d), which prohibits

conspiracy to launder money.

B.

SUBJECT PREMISES #2 - 4007 Fordleigh Road, Apt C.,

Baltimore, Maryland

109. Based on evidence developed during this

investigation, including information provided by confidential

sources and calls intercepted during wiretaps, I have learned that

Todd Duncan, a/k/a “Donnie,” is the citywide commander of BGF. As

more fully described above, calls intercepted over the wiretaps in

this investigation indicate that Duncan participates in the daily

operation of the BGF enterprise and supervises all facets of BGF’s

illegal activities to include: the sale of drugs, acts of violence,

and the disciplining of non-compliant BGF members.

110. The residence at 4007 Fordleigh Road, Apartment C,

Baltimore, Maryland, identified herein as Subject Premise #2, is the

residence of Todd Duncan, a/k/a “Donnie.” The main entrance to

Subject Premise #2 is glass door with a blue awning with the numbers

4007 in white on the awning. The apartment is a green door on the

112

second floor to the left of the entry with the letter C affixed in

the center of the door.

111. On February 16, 2010, law enforcement agents

established surveillance in the area of Subject Premise #2. At

approximately 9:00 a.m., Duncan was observed exiting the apartment

building, 4007 Fordleigh Road, with a small child. Duncan placed

the child in a gray 2001 Chevy Tahoe with Maryland registration

42124M2. After Duncan was observed exiting the apartment building,

law enforcement requested the utilities for all apartment units in

4007 Fordleigh Road. Based on these requests, law enforcement

learned that Apartment C has utilities in the name of Chamera

Wilson. According to SOI #1, whom SOI #1 described as Mia Wilson,

Wilson is the girlfriend of Duncan. SOI #1's description of the

location of Duncan’s residence matched the location for Subject

Premise #2. Further, on March 31, 2010, law enforcement established

surveillance at Subject Premise #2, at approximately 7:55 a.m., law

enforcement observed Duncan exit the apartment building, 4007

Fordleigh Road, on his way to court for his January 6, 2010 arrest

for making a false statement to an officer (discussed above).

Finally, electronic surveillance authorized by the orders to

intercept Duncan’s phone places Duncan in the vicinity of 4007

Fordleigh Road most overnights.

112. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations,

113

I respectfully submit that there is probable cause to believe that

there will be found in Subject Premise #2 the items set forth in

Attachment B, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962,

which prohibits participation in a racketeering conspiracy; 21

U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and

conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of

drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes

in aid of racketeering and 18 U.S.C. § 1956(d), which prohibits

conspiracy to launder money.

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