MIDLOTHIAN POLICE DEPARTMENT EVIDENTIARY SEARCH WARRANT ‘THE STATE OF TEXAS LOCATION: National Subpoena Compliance Center, AT&T Mobility 11760 US Highway 1 North Palm Beach, FL 33408 en cen cn on en en COUNTY OF ELLIS The State of Texas to the Sheriff or any Peace Officer of Ellis County, Texas, or any Peace Officers of the State of Texas and Officers of the Midlothian Police Department and Special Agents/Officers of the North Texas High Intensity Drug Trafficking Area, Eastern Drug Squad Group One, Drug Enforcement Administration (DEA), United States Marshal Service and officers from the New York Police Department Analytical Programs Unit GREETINGS: Whereas, the Affiant whose signature is affixed to the attached Affidavit & Application For Evidentiary Search Warrant ("Affidavit") appearing on the document hereof is a Peace Officer under the laws of Texas and did heretofore this day subscribe and swear to said Affidavit before me (which said Affidavit is by this reference incorporated herein for all purposes), and whereas | find that the verified facts, stated by The Affiant show that The Affiant has Probable Cause for the belief he expresses therein and establishes the existence of proper grounds for the issuance of this Evidentiary Search Warrant: This court hereby orders AT&T to provide information, facilities, and technical assistance to provide the Midlothian Police Department (herein-after includes all other persons identified above) with the following services and information: 1. Provide support to officers of the Midlothian Police Department the technical assistance necessary to identify the specific cell sites and sectors via which calls can be facilitated from (Lat. 32.446685/ Long. -96.924077) or described as The Creekside Church, located at §401 East U.S Highway 287, Midlothian, Texas, 76065. 2. Once identified, provide the Midlothian Police Department all requested call detail record information under this order for all cell phone call traffic handled by the specific cell sites and sector areas determined by AT&T for the period of Monday, April 18, 2016 from 3:00am to 5:00am, such as cell phone numbers and further as more fully described in the Affidavit.3. In addition, AT&T shall immediately preserve so-called subscriber registration information for any and all cell phones in contact with all cell sites and/or towers that could have sent/received electronic and/or digital signals to/from any subscribed cell phones located at the above aforementioned latitude/longitude or specified address, as described in the preceding paragraphs #1 and #2. 4. Ata later time, Midlothian Police Department will determine from the list of cell phone numbers from the AT&T-provided cell site traffic, those that are to be investigated in more detail, and AT&T shall provide the subscriber information related to or corresponding with these numbers. 5. AT&T shall further determine from the information and electronic data captured above, the estimated location of the cell phones transmitting/receiving the electronic or digital signals, as well as the distances between the cell phones transmitting/receiving the electronic or digital signals and the latitude/longitude of the Creekside Church as described in paragraph #1 above. Issued at 7°03 7M, on this the_22/ day of Ak: a 0 Lb to certify which witness my hand this day. JUDGE BOB CARROLL. 40" JUDICIAL DISTRICT COURT ELLIS COUNTY, TEXAS PAGE 2 OF 2 EVIDENTIARY SEARCH WARRANT AT&T National Subpoena Compliance Center “Tower Dump” MPD case # 16MPOLS68S.MIDLOTHIAN, TEXAS POLICE DEPARTMENT APPLICATION AND AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT ‘THE STATE OF TEXAS LOCATION: National Subpoena Compliance Center, AT&T Mobility 11760 US Highway 1 North Palm Beach, FL 33408 COUNTY OF ELLIS ex tn con tn en tn THE UNDERSIGNED AFFIANT, BEING A PEACE OFFICER UNDER THE LAWS OF TEXAS, SPECIFICALLY THE MIDLOTHIAN POLICE DEPARTMENT AND BEING DULY SWORN, ON OATH MAKES THE FOLLOWING STATEMENTS AND ACCUSATIONS: 1, THERE IS IN ELLIS COUNTY, TEXAS, A PLACE AND PREMISES DESCRIBED AND LOCATED AS FOLLOWS: The Midlothian Police Department, which seeks information contained herein and believed to be in the possession of AT&T National Subpoena Compliance Center, AT&T Mobility 11760 US Highway 1, North Palm Beach, FL 33408, hereinafter AT&T. 2, THERE IS AT SAID PLACE AND PREMISES PROPERTY CONCEALED AND KEPT IN VIOLATION OF THE LAWS OF TEXAS AND DESCRIBED AS FOLLOWS: Cell tower records for AT&T cell towers located within a five (5) mile radius of 5401 East U.S Highway 287, Midlothian, Texas 76065 (32.446685/-96.924077) during the time frame of Monday, April 18 2016 from 3:00am to 5:00am. This information is believed to be imperative in locating a suspect(s) in the MURDER investigation of Terri “Missy” Leann Bevers that occurred on Monday, April 18", 2016. 3. SAID SUSPECTED PLACE AND PREMISES ARE IN CHARGE OF AND CONTROLLED BY EACH OF THE FOLLOWING NAMED PARTIES (HEREAFTER CALLED “SUSPECTED PARTY” WHETHER ONE OR MORE), TO-WIT: AT&T, AND IT IS THE BELIEF OF THE AFFIANT, AND AFFIANT HEREBY CHARGES AND ACCUSES, THAT: Your Affiant is requesting a “Tower Dump” from all AT&T cellular cites within a five (5) mile radius of 5401 East U.S. Highway 287, Midlothian, Texas 76065 (32.446685 / -96.924077)that would support any and all communications including but not limited to cell phone calls, messaging, texts, emails, data, walkie-talkie, or push to talk, Your Affiant has reasonable grounds to believe that the records/information retrieved from the cell sites during the specified date and time is imperative in identifying the suspect(s) involved in the ongoing investigation of MURDER against Terri “Missy” Leann Bevers which occurred on Monday April 18°, 2016 within the hours of 3:00 a.m. to 5:00 a.m., Central Standard Time 4, AFFIANT HAS PROBABLE CAUSE FOR THE SAID BELIEF BY REASON OF THE FOLLOWING FACTS, TO-WIT: See attached document labeled “Exhibit A". Exhibit A is attached hereto and by this reference incorporated herein for all purposes. WHEREFORE, Your Affiant, respectfully requests that this court issue an Evidentiary Search Warrant which authorizes the Midlothian Police Department to obtain information/records/date and orders AT&T to produce information/records/data as more fully described above, Midlothian Police Department Subscribed and sworn to before me by saig Affiant on this the =! day of Agee av.n fe. “a3pm) JUDGE BOB CARROLL 40™ JUDICIAL DISTRICT COURT ELLIS COUNTY, TEXAS PAGE 3 OF3 APPLICATION AND AFFIDAVIT FOR EVIDENTIARY SEARCH WARRANT. EVIDENTIARY SEARCH WARRANT ATA National Subpoena Compliance Center “Tower Dump” MPD case # 1OMPOLS68SEXHIBIT “A” AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT {Article 18.02(10), Texas Code of Criminal Procedure} YOUR AFFIANT’S BACKGROUND, TRAINING AND EXPERIENCE Your Affiant, Cody McKinney, having been duly sworn, declare as follows: | am a Sergeant with the Midlothian, Texas Police Department. | have been employed by said department for a period of approximately eleven (11) years. | have served in investigative capacities within the Midlothian Police Department for approximately nine (9) years. | have received special deputation as a Deputy United States Marshall, and swom as a Federal Task Force Officer (TFO) assigned to the North Texas High Intensity Drug Trafficking Area (HIDTA), Southern Money Laundering Initiative. | am currently assigned as a Task Force Officer (TFO) with the Drug Enforcement Administration (DEA) Eastern Drug Squad Group One. | currently possess an Advanced Peace Officer Certification as merited by and with the State of Texas Commission on Law Enforcement (TCOLE), Your Affiant has also participated in numerous narcotics and financial investigations with the Internal Revenue Service-Criminal Investigations (RS-Cl) relevant to violations of State and Federal Money Laundering statutes. Your Affiant has also received specialized training in narcotics investigations from the Drug Enforcement Administration (DEA) and related Money-Laundering matters from the Intemal Revenue Service-Criminal Investigations (IRS-Cl). Your affiant is also trained and certified in the use of Cellebite/UFED electronic forensic data extractions, and affiant has had substantial experience in extracting electronicidigital data from various types, makes, and models of electronic/digital devices including cell phones, tablets, and GPS devices. Additionally, affiant has spent hundreds of hours on numerous cases analyzing such extracted data and information In addition, Your Affiant has experience in the execution of financial search warrants, narcotics search warrants, debriefing defendants, informants, and other witnesses/individuals who have personal knowledge of the amassing, spending, converting, transporting, distributing, laundering, and concealing of proceeds derived from the distribution of illegal drugs. Your Affiant has used a variety of investigative techniques during his investigations including, but not limited to, electronic surveillance, visual surveillance, the use ofconfidential sources and the use of undercover agents. Information contained in this Affidavit is derived from Your Affiant's knowledge of, and prior experiences in financial and narcotics investigations; information obtained during interviews with drug traffickers familiar with this drug trafficking organization, and review of reports prepared by special agents with DEA as well as other federal, state and local law enforcement agencies. As a result of Your Affiant’s participation in this investigation, my conversations with, and review of reports prepared by HIDTA Task Force Officers as well as other federal, state and local law enforcement agencies, | am familiar with all aspects of this investigation as articulated in this Affidavit. Information contained in this Affidavit includes the results of review of property records and other information obtained from public sources; physical surveillance; information from cooperating witnesses and law enforcement personnel. YOUR AFFIANT’S PROBABLE CAUSE The recitation of facts contained in this Affidavit is not meant to be a complete narrative of all information that is known to Your Affiant, but only a summary of facts, to necessitate the establishment of sufficient probable cause, in support of this affidavit, for the issuance of this Evidentiary Search Warrant. The decedent was murdered by an unknown suspect(s), currently at large, as she arrived to prepare for a physical fitness class she was to teach on the morning of April 18, 2016 at the Creekside Church, located at 5401 East U.S Highway 287, Midlothian, Ellis County, Texas 76065. The unknown suspect dressed in police tacticaliriot gear, obtained forcible entry to the location of the murder, to-wit, the Creekside Church, and appears on the Creekside Church surveillance videos. The unknown suspect is the only person detected within the building during a period of approximately thirty (30) minutes when the victim and decedent, Terri “Missy” Leann Bevers, was murdered, and it is reasonably believed that the said unknown suspect is responsible in part or in full for murdering Ms. Bevers. Based upon the facts and circumstances surrounding this crime of murder as presently known by the Affiant, and in conjunction with the Affiants training and experiences in law enforcement, crimes against persons, and criminal activity, Affiant believes and charges that at the time of the commission of the offense of murder that the unknown suspect was in possession of a cell phone for the following purposes, without limitation: (i) confirming through public social media sites and/or applications the updated workout times and locations as posted by Ms. Bevers; (ii) communicating in the nature of calls, messages, texting, emails, data, push-to-talk, and walky-talky; (iil) using smart phone capabilities to photograph, record, and/or video the victim and the murderous act; and (iv) using functional applications and tools such as map locator applications, clock or timing capabilities, GPS locating applications, and flashlight. Additionally, your Affiant has relied upon his common experience, as well as informational research obtained (demonstrating that over ninety percent of American adults own a cell phone and a substantial percentage of such cell phones possess smart phone PAGE20F3 CONTINUATION OF AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT 1150 N. US Highway 67, Suite 300, Midlothian, Ellis County, Texas 76065 Midlothian Police Departmentcapabilities) in establishing that the vast majority of the populous own, possess, utilize, and carry on or about their person (or within their vehicle) a cell phone on a regular and constant basis, and consequently, Affiant has further probable cause to believe that at the specific location of the Creekside Church, and on the relevant date and time described above, that the unknown suspect did in fact possess a cell phone, and said cell phone transmitted and/or received and/or captured electronic/digital signals (electronic/digital signatures) to/from the cell tower system within the relevant geographic area. Affiant seeks to obtain historical records maintained by AT&T in the ordinary course of business which document all such electronic/digital signals to/from the cell tower system (specific as to date, time, location, and radius of cell tower location), which can be analyzed and utilized to identify specific cell phone devices and cell phone subscriber information, which in turn can lead to the identity of the unknown suspect(s) responsible for the murder of Ms. Bevers as described above, LUlcén amar Investigator C. McKinney. Midlothian, Texas Police Department Subscribed and sworn to before me by said Affiant on this the ___<2/_ day of Aittit ,AD.20_Lp . (7 ‘3/m) Z Za JUDGE BOB CARROLL 40" JUDICIAL DISTRICT COURT ELLIS COUNTY, TEXAS PAGE3 OF3 CONTINUATION OF AFFIDAVIT IN SUPPORT OF EVIDENTIARY SEARCH WARRANT 1150 N. US Highway 67, Suite 300, Midlothian, Ellis County, Texas 76065 Midlothian Police Department