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In the Matter of Application of the United States, 2:16-SW-582 CKD. (2016)

Court: District Court, E.D. California Number: infdco20161227665 Visitors: 10
Filed: Oct. 26, 2016
Latest Update: Oct. 26, 2016
Summary: [PROPOSED] ORDER UNDER SEAL KENDALL J. NEWMAN , Magistrate Judge . The United States has represented that there exists an ongoing investigation into the illegal gambling activities of the parties named in the application and order, signed September 21, 2016, which authorized agents of Federal Bureau of Investigation to install and monitor a tracking device in or on a BLACK JEEP WRANGLER, with license plate 7NVV116, VIN #1C4BJWDG3GL104457, ("TARGET VEHICLE"), for a period of 30 days. Th
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[PROPOSED]ORDER

UNDER SEAL

The United States has represented that there exists an ongoing investigation into the illegal gambling activities of the parties named in the application and order, signed September 21, 2016, which authorized agents of Federal Bureau of Investigation to install and monitor a tracking device in or on a BLACK JEEP WRANGLER, with license plate 7NVV116, VIN #1C4BJWDG3GL104457, ("TARGET VEHICLE"), for a period of 30 days.

The government has further represented that service of the notice required by Federal Rules of Criminal Procedure 41(f)(2)(C) would compromise the ongoing investigation by disclosing its existence to the targets.

Therefore, THE COURT HEREBY ORDERS that the time within which the United States shall be required to serve the notice shall be postponed for 90 days from the date of this Order.

Should the United States seek further postponement of the time within which it must serve the notice, it shall make further application to this Court.

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT for the Eastern District of California In the Matter of the Tracking of Case No. 2:16-SW-582 CKD A. BLACK JEEP WRANGLER, WITH LICENSE PLATE 7NVV116, VIN#1C4BJWDG3GL104457

TRACKING WARRANT

To: Any authorized law enforcement officer

An application by a federal law enforcement officer or an attorney for the government shows there is reason to believe that the person, property, or object described above has been involved in and likely will continue to be involved in the criminal activity identified in the application, and [] is located in this district; [X] is not now located in this district, but will be at execution; [] the activity in this district relates to domestic or international terrorism; [] other:

I find that the affidavit(s), and any recorded testimony, establish probable cause to believe that (check the appropriate box) [] using the object [X] installing and using a tracking device to monitor the location of the person, property, or object will satisfy the purpose set out in Fed. R. Crim. P. 41(c) for issuing a warrant.

[X] I find entry into the following vehicle or onto the following private property to be necessary without approval or knowledge of the owner, custodian, or user of the vehicle or property for installing, maintaining, and removing the tracking device:

A BLACK JEEP WRANGLER, WITH LICENSE PLATE 7NVV116, VIN #1C4BJWDG3GL104457

YOU ARE COMMANDED to execute this warrant and begin using the object or installing the tracking device by 10 (not to exceed ten days) and may continue use for 30 days (not to exceed 45). The tracking may occur within this district or another district. To install, maintain, or remove the device, you may enter (check boxes as appropriate)

[X] into the vehicle described above [ ] onto the private property described above [ ] in the daytime 6:00 a.m. to 10:00 p.m. [X] at any time in the day or night because good cause has been established.

Within 10 calendar days after the use of the tracking device has ended, the officer executing this warrant must both return it to (United States Magistrate Judge) and authorized U.S. Magistrate Judge in the Eastern District of California and — unless delayed notice is authorized below — serve a copy of the warrant on the person who, or whose property or object, was tracked.

Pursuant to 18 U.S.C. § 3103a(b), I find that immediate notification may have an adverse result listed in 18 U.S.C. § 2705 (except for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose property or object, will be tracked (check the appropriate box)

[X] for 30 days (not to exceed 30) [ ] until, the facts justifying, the later specific date of _____________. Date and time issued: 9/21/2016 3:00p.m. Judge's signature City and state: Sacramento, California Carolyn K. Delaney, U.S. Magistrate Judge Printed name and title

Source:  Leagle

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