United States District Court, E.D. Kentucky, Southern Division, London
MEMORANDUM OPINION & ORDER
Gregory F. Van, Judge
matter is before the Court upon Magistrate Judge Hanly A.
Ingram's Report and Recommended Disposition. [R. 316.]
Defendant Tony Britton filed a Motion to Suppress [R. 247]
and a Motion to Supplement the Motion to Suppress [R. 269].
Defendant James Ronald Jones filed a Motion to Join Mr.
Britton's Motion to Suppress. [R. 250.] The Government
opposed Mr. Britton's Motion to Suppress and Mr.
Jones's Motion for Joinder. [R. 256.] The Magistrate
Judge recommends that this Court deny Mr. Britton's
Motion to Suppress [R. 247], deny Mr. Jones's Motion for
Joinder [R. 250], and grant Mr. Britton's Motion to
Supplement [R. 269]. For the reasons that follow, this
recommendation will be adopted.
Judge Ingram outlined the facts in his recommendation. [R.
316.] Mr. Britton and Mr. Jones have been charged with
conspiracy to distribute controlled substances. [R. 181 at
1-2.] Additionally, Mr. Britton has been charged with aiding
and abetting the burglary of a pharmacy. Id. at 2-3.
According to the indictment, Mr.
having traveled in interstate commerce to facilitate access
to the premises, entered Stephanie's Down Home Pharmacy
in Corbin, Kentucky, with the intent to steal a controlled
November 16, 2015, North Carolina Superior Court Judge Mark
E. Powell issued a search warrant for records of DTC
Wireless. [R. 316 at 1-2.] This warrant related to thirteen
telephone numbers and authorized seizure of
1. Subscriber information including, but not limited to,
name, address, alternative phone numbers, and dates of
2. Outbound and inbound call detail, including cell tower
3. Sector, azimuth, and cell tower identification records for
4. All available text/SMS records to include content of
messages which are available
5. ISMI, IMEA, or ESN numbers associated with phone numbers
(931) 235-8772, (931) 235-1955, (931) 235-8764, (931)
235-2263, (931) 235-2989, (931) 235-5332, (931) 235-1349,
(931) 235-2263, (931) 235-1878, (931) 235-9537, (931)
235-2491, (931) 235-8492, and (931) 235-2944
6. Data records associated with phone numbers (931) 235-8772,
(931) 235-1955, (931) 235-8764, (931) 235-2263, (931)
235-2989, (931) 235-5332, (931) 235-1349, (931) 235-2263,
(931) 235-1878, (931) 235-9537, (931) 235-2491, (931)
235-8492, and (931) 235-2944 during the requested time period
7. Any GPS location records for the listed phones that are
available during the ...