AOL CRIMINAL COMPLAINT Rev. 11/97 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF nCT COURT UNITED STATES OF AMERICA DOCKET NO. Wi 22 204, v. SCOTT EVERETT CovL wo Ty. ‘ Dil RAL DISTRICT OF CRLUFOTGIA, orn ited States Code, Section 922 (a) (1) (A) Complaint for violation of Title 18, Un: HONORABLE SHERT PYM NAME OF MAGISTRATE JUDGE UNITED STATES MAGISTRATE JUDGE LOCATION RIVERSIDE, CA DATES OF OFFENSE PLACE OF OFFENSE March 7, 2017 - San Bernardino March 13, 2017 County ADDRESS OF ACCUSED (IF KNOWN) Dealt in Firearms Without a License, RT e sraicr TOF One IDE LODGED RIVER | | Z TOITHAR 22 PM 2:49 CLERK Us, z = ig COMPLAINANT'S STATEMENT OF FACTS CONSTITUTING THE OFFENSE OR VIOLATION: Between on or about March 7, 2017 and March 13, 2017, in San Bernardino County, within the Central District of California, defendant Scott Everett Coyl, Knowingly in and affecting interstate and foreign commerce, in violation of Title 18, United States Code, Section 922(a) (1) (A). BASIS OF COMPLAINANT'S CHARGE AGAINST THE ACCUSED: (See attached affidavit which is incorporated as part of this Complaint) MATERIAL WITNESSES IN RELATION TO THIS CHARGE: Being duly sworn, I declare that the foregoing is true and correct to the best of my SIGNATURE OF COMPLAINANT Jarrett Keegan (ATF) [s} knowledge. OFFICIAL TITLE Special Agent - Bureau of Alcohol, Tobacco, Firearms and Explosives Sworn to before me and subscribed in my presence, ‘SHERI PYM DATE March 22, 2017 SIGNATURE OF MAGISTRATE JUDGE (1) Bilal Essayli: REC: Detention CreAEFIDAVIT I, Jarrett A. Keegan, being duly sworn, declare and state as follows: I. INTRODUCTION 1, Lama Special Agent (“SA”) with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATE”) in Riverside, CA. I joined ATF in July, 2014. Prior to becoming a SA with the ATE, I was a Federal Air Marshal with the Federal Air Marshal Service for seven years. During my career in federal law enforcement, I have received extensive training regarding federal criminal law. My education includes a Bachelor's Degree in Aerospace Studies from Embry Riddle Aeronautical University and a Master's Degree in Security Management from American Military University. 2. Asa Special Agent, Thave completed training at the ATF National Academy and the Federal Law Enforcement Training Center related to federal firearms and narcotios laws and regulations. I regularly refer to these laws and regulations during the course of my duties and. have written and participated in the execution of numerous search and arrest warrants for violations of these statutes. I have participated in surveillance of individuals committing crimes of violence, weapons trafficking, as well as prohibited persons in possession of firearms. 3. Taman investigative or law enforcement officer of the United States within the meaning of Title 18, United States Code Section 2510(7), and am empowered by law to conduct investigations and to make arrests for the offenses enumerated in Title 18, United States Code Section 2516, 4, During my employment with the ATF, Thave also participated in the investigation, surveillance and arrest of numerous firearms and drug traffickers. I have spoken with experienced investigators concerning the methods and practices of firearms and narcotics traffickers, Through my experience and training, I have become familiar with the illicit manner in which firearms are acquired and controlled substances are imported, manufactured, distributed, and sold, I have attended courses that provided training in narcotics investigation techniques and in the use, trafficking, and distribution of narcoticsI. PURPOSE OF AFFIDAVIT 5. This affidavit is made in support of: a. Acriminal complaint against Scott Everett Coyl (*COYL”) for violations $e). b. _ Anapplication for a warrant authorizing the search of 1533 Kelly St. of Title 18, United States Code, Section 922(a)(1)(A) (dealing in firearms without a lic Redlands, CA 92374 (the “SUBJECT PREMISES”), which is more fully described in Attachment A-1 ¢. _ Anapplication for a warrant authorizing the search of a red 1999 Dodge Durango, bearing California license plate “4WWY735,” bearing vehicle identification number IB4HS28YXXP594457 (the “SUBJECT VEHICLE”), which is more fully described in Attachment A-2. 4, Anapplication for a warrant authorizing the search of COYL's person, which is more fully described in Attachment A-3. 6. The facts set forth in this affidavit are based upon my personal observations, my training and experience, and information obtained from various law enforcement personnel and witnesses. This affidavit is intended to show merely that there is sufficient probable cause for the requested criminal complaint and search warrants and does not purport to set forth all of my knowledge of or investigation into this matter. Unless specifically indicated otherwise, all conversations and statements described in this affidavit are related in substance and in part only. Ul. SUMMARY OF PROBABLE CAUSE 7, Since early March 2017, the ATF Riverside Field Office (“ATF”) and the Redlands Police Department (“RPD”), using a reliable ATF confidential informant (“CI”), has conducted three separate controlled purchases of firearms from COYL, totaling a quantity of five firearms, COYL does not have a license to sell firearms and is, therefore, prohibited from engaging in the business of firearm sales. [Instrumentality Protocol]IV. STATEMENT OF PROBABLE CAUSE 8. The ATF Riverside Field Office and the Redlands Police Department began this investigation into the firearms trafficking activities of COYL in early March 2017. I have personally been involved in thé investigation, including directing the work of an ATF confidential informant. I have spoken with officers of the Redlands Police Department and reviewed their reports 9. On March 1, 2017, Redlands Police Department received a 911 call about a subject trying to sell a firearm at a convenience store. RPD Officer Joe Valdivia, a K-9 Officer assigned to the RPD Multiple Enforcement Team, was assigned the case. After making contact with the subject at his/her residence, the subject admitted to Officer Valdivia that he/she was planning to broker the sale of an unserialized AR type rifle and multiple high capacity magazines toa friend for $1,200.00, The subject told Officer Valdivia he/she wanted to fully cooperate with RPD, stating that the person who provided the firearm, later identified as Scott COYL, asked hinvher to assist with the sale of firearms COYL was making. The subject told Officer Valdivia that COYL told him/her that he would “kick down” (pay) some cash for successfully selling the rifles. ‘The subject said COYL asked him/her if he/she knew anyone who was interested in buying rifles, and the subject said he/she might know someone at work who was interested. COYL then told the subject to take the rifle with him/her to work and show the rifle, telling the subject he would provide $100.00 in exchange for the successful sale of the rifle. The subject gave Officer Valdivia COYL's full name and address, and stated he/she knew COYL to have made and sold numerous firearms in the past. The subject told Officer Valdivia he/she knew COYL had more firearms for sale at his residence. 10. On March 3, 2017, I met with Officer Valdivia at the Redlands Police Department to interview the subject. In the interview, the subject told me COYL built AR type rifles from unfinished lower receivers, machining out the lower receiver, then adding parts to make a complete firearm, ‘The subject said COYL sold firearms to others, adding that COYL sold firearms out of the garage in his residence. | asked if COYL would sell firearms to those who [instrumentality Protocol]‘were prohibited from possessing firearms, such as convicted felons. ‘The subject stated he/she believed COYL would sell to anyone as long as COYL was comfortable with them. The subject agreed to introduce an ATF Confidential Informant to COYL, for the purpose of purchasing firearms. 11, Based on my training and experience, an inspection of the firearm seized from the subject by Officer Valdivia, and the information provided by the subject, I anticipated COYL was likely manufacturing firearms, specifically AR type rifles, utilizing unfinished and unserialized AR type lower receivers. I noted there are many AR type receivers being marketed as so-call “80%” receivers. Federal firearms statutes and supplemental regulations do not ‘employ the term “80%.” This term is industry vernacular and is neither recognized nor defined in Federal firearms statutes and regulations. This marketing term is used by the industry to indicate that, in their opinion, an unfinished receiver has not yet reached a point in the ‘manufacturing process where is should be classified as a “firearm” as defined in the amended Gun Control Act of 1968 (GCA). 12, instructed the subject to tell COYL he/she had sold the firearm to the coworker and ask COYL if he had further firearms to sell to the same coworker. Later that evening, COYL sent the subject a text picture of an AR type rifle for sale. 1 instructed the subject, via Officer Valdivia, to ask for the price of the firearm and arrange for the controlled purchase of the firearm the following week through the introduction of an ATF Cl. ‘The subject later told Officer Valdivia that COYL offered the rifle for sale for $2,200.00, adding that magazines were for sale for an additional $20.00 each. 13. On March 3, 2017, I received confirmation from Thomas Chimileski, an ATF Industry Operations Investigator (“IOI”), that there is no past, present, or pending Federal Firearms License (“FFL”) associated with Scott COYL. 101 Chimileski did advise me a previous FFL was associated with the SUBJECT PREMISES under the name Ned Leland Coyl IL, but the FFL went out of business and expired as of May 1, 2016. [Instrumentality Protocol]14. — During this investigation, I have directed the ATF CI! to meet and text message with COYL on multiple occasions. All of the text conversations were saved by the CI and surveillance was conducted before, during, and after audio/video recorded controlled purchases from COYL by the CI. I have watched the recorded video, listened to the recorded conversations, and reviewed text messages sent between COYL and the CI. During these conversations, COYL and the CI discuss the CI purchasing firearms from COYL, March 7, 2017 Firearm Purchase From COYL, 15. On the evening of March 7, 2017, Officer Valdivia and I met with the subject and the ATF CT at a neutral location in Redlands, CA. Officer Valdivia and I previously instructed the subject to inform COYL the coworker (ATF CI) wanted to come COYL's residence and purchase the firearm for sale for $2,200.00. 16. Officer Valdivia provided the subject $1,200.00 in Redlands Police Department funds to pay COYL for the previous firearm that was now in the possession of RPD. Officer Valdivia provided the subject $100.00 in Redlands Police Department funds to pay COYL for the five 30 round magazines that were provided to the subject with the previous firearm. I provided the ATF CI with $2,300.00 in U.S Government funds to purchase the firearm from COYL. Agents and officers searched the subject and the CI along with his/her vehicle and. confirmed they did not possess any contraband. The subject and ATF CI were provided electronic surveillance equipment to record the transaction. The ATF Cl has criminal convictions for felony drug trafficking, misdemeanor theft, misdemeanor possession of a dangerous weapon, misdemeanor resisting arrest, misdemeanor domestic violence, misdemeanor possession of a firearm, misdemeanor drunk driving, and. misdemeanor driving on a suspended license. ‘The CI is cooperating with ATF in anticipation of receiving consideration on his/her pending federal criminal case in the Central District of California. The CT is awaiting sentencing. In the CI’s pending criminal case, the Cl was caught distributing a large quantity of methamphetamine and marijuana and possessing numerous firearms and ammunition. I have supervised the CI’s work with the ATF for approximately nine months. I have found the CI to be credible and reliable, and have been able to corroborate information the CThas provided through surveillance and other investigative methods. The Cl was provided subsistence in the form of $100.00 in U.S. Government funds during this investigation. The subsistence was used to pay for fuel related to travel expenses associated with the three controlled purchases. [Instrumentality Protocol]17. Officer Valdivia and I followed the subject and the CI as they drove to COYL's residence, the SUBJECT PREMISES. Upon reviewing the electronic surveillance, I observed ‘that after arriving, the subject escorted the CI into the garage of the SUBJECT PREMISES, where the CI made contact with COYL. Inside the garage, COYL took the subject and the Cl into a small room. Inside the room, the subject paid COYL $1,300.00 for the previous rifle and five 30 round magazines. 18. COYL then showed the CI multiple rifles that were displayed on mounts on the wall. COYL told the CI all the rifles were made using “cighty-percenters,” adding that his rifles ‘were made to the dimensions of the M-16 rifle. COYL told the Cl if he wanted to order the parts, COYL could “machine it out further.” COYL then provided specifies to the CI about the ‘work necessary to tum the lower receiver portion of the rifle into a machinegun, stating, “the only thing that needs to be done is drill out the auto sear hole, then you put in the parts.” COYL then showed the CI a second rifle, offered for sale for $2,800.00, stating he “machined it and ‘made it out myself.” COYL then told the CT he had 11 receivers milled out in his possession right now, and informed the CI all the rifles that were hanging on the wall were for sale, The CI then told COYL that he would buy the rifle and paid COYL $2,200.00 in U.S. Government funds, ‘The CI then told COYL, “my people, they get em’ (firearms) all the time, but my other boy, he got busted, so I can't find nobody,” with COYL responding, “yeah.” ‘The CI then asked COYL if he could make “autos” (machineguns). COYL told the CI he would have to make a jig for it and find the parts, adding that it would cost a $1,000 more per rifle. COYL referenced two rifles hanging on the wall and said the rifles would go for $2,200.00 each if they were autos. The Cl then told COYL, “I send them to Mexico, and out there, they just want to dump on fools.” Based on my training and experience, I understand the slang expression, “dump on fools,” to ‘mean using a firearm to shoot multiple rounds at an individual or group of people. COYL told the CI he needed a month to produce the autos, having to make a jig and test fire the guns to make sure they work. Finally, just before leaving the SUBJECT PREMISES, the CI told COYL [instrumentality Protocol]“T can't even go to the stores and buy them, you know, they look at my record and somebody try and arrest me on the spot.” 19, The subject and the CI then departed the SUBJECT PREMISES and traveled to a neutral location, At the neutral location, Officer Valdivia and I debriefed the subject and the CI. Agents secured the purchased evidence and collected the electronic surveillance equipment for processing. The firearm purchased by the CI from COYL is described as a .223 caliber AR type rifle with no make or mode! markings, and no visible serial number. 20. The CI told me during the debriefing he/she witnessed at least three other rifles on display at the SUBJECT PREMISES and that there was a very large gun safe in the room where he/she conducted the transaction with COYLE. The CI told me COYL did not seem bothered ‘when the CI asked about automatic rifles, talked about sending guns to Mexico, or stating that he/she could not buy guns at the store due to his status. ‘Mareh 9, 2017 Firearm Purchase From COYLE 21, On March 8, 2017, I provided the CI with COYL's cell phone number and asked the CI to inquire with COYL if any further firearms were for sale. Later that day, the CI told me COYL had responded and offered two rifles for sale for a total price of $2,300.00. 1 instructed the Cl to arrange for the controlled purchase of the two firearms the following day. 22, On March 9, 2017, the CI informed me that COYL did not want to meet at the SUBJECT PREMISES. 1 told the Cl to arrange for the controlled purchase to take place at the closest Home Depot parking lot. Shortly thereafter, Officer Valdivia and I met the CI at a neutral location in Redlands, CA. I provided the ATF CI with $2,300.00 in U.S Government funds to purchase the two firearms from COYL. Agents and officers searched the Cl along with his/her vehicle and confirmed he/she did not possess any contraband. The CI was provided electronic surveillance equipment to record the transaction, 23. Prior to the CI departing the neutral location, surveillance units made up of officers assigned to the RPD MET unit observed COYL depart the SUBJECT PREMISES in the SUBJECT VEHICLE. Surveillance units continued to conduct mobile surveillance of COYL (instrumentality Protocol]and the SUBJECT VEHICLE and later followed COYL as he drove to the Home Depot parking lot located at 1151 W. Lugonia Avenue in the City of Redlands, 24, Officer Valdivia and I followed the CI until he/she parked in the Home Depot parking lot, with COYL parking the SUBJECT VEHICLE next to the CI's vehicle. Upon reviewing the electronic surveillance, I observed that after the Cl arrived, COYL got into the CI's vehicle and showed him/her the two rifles. The CI inquired about the availability of ammunition, and COYL told him/her he could get ammunition for him/her. The CI then told COYL the person the CI sold the gun to was happy with it, and it had already been used in a shooting, The CI then told COYL, “the reason I tell you about the ammo, cause, my gitl, I used +o send her to buy everything for me, but she got busted, and you know, I can't do none of that shit.” COYL then responded, referring to the ammunition, “yeah I can try and get a few thousand.” The CI then paid COYL $2,300 in U.S. Government funds for the two rifles. COYL told the CI he would have two more rifles available next week, adding that the additional rifle the Cl already saw was available for $2,700.00. The CI, referencing the purchased firearms, told COYL, “I got to take them to Mexico, but if get caught, you know, I'm fucked.” COYL then replied, “I hear ya.” The CI then asked about the availability of handguns. COYL said, “handguns are harder for me to make,” adding it costs more for him to make them than buy them, The CI asked about the status of the “autos” (machinegun) and COYL said he would try to have one within a week or two, adding he had to test fire it first, since it was the first time he hhad made one. 25. The CI told COYL he would pick up more rifles the following week. COYL told the CI he preferred doing parking lot deals, adding, “My mom's already like, she doesn't know what I'm doing, but it’s like, when I have people over and I'm showing them guns.” COYL told the CI he could possibly do the transaction at his house, but it had to be late at night, possibly in the driveway. The CI then told COYL he/she was uncomfortable coming to Redlands too late because he had no license and had warrants, saying he would get more attention in Redlands. ‘The Cl then said, “when I come here, I leave hot, cause you know, me being an ex-felon, I mean, [nstrumentality Protocol]fuck, they'll take pictures and say they scored, and that's why I don't like doing it too late.” Shortly thereafter, COYL told the CI he could possibly have four rifles ready by next week. ‘The CI told COYL to hold off on ordering ammunition until he confirmed with “his people.” 26. After the transaction, surveillance units continued mobile surveillance and followed COYL in the SUBJECT VEHICLE back to the SUBJECT PREMISES. ‘The CL departed the Home Depot parking lot and traveled to neutral location. At the neutral location, Officer Valdivia and I debriefed the CI. Agents secured the purchased evidence and collected. the electronic surveillance equipment for processing. The firearms purchased by the CI from COYL are described as two identical .223 caliber AR type rifles, with no make or model markings and lacking visible serial numbers, March 16, 2017 Firearm Purchases From COYL 27. OnMarch 13, 2017, the CI informed me COYL had offered hinvher two more rifles for sale for a total price of $2,300.00, Additionally, COYL informed hinv/her the auto ‘would be ready the following week. The CI told me he/she believed the rifles for sale were identical to the ones the CI previously purchased. 28. On March 15,2017, | instructed the CI to arrange for the controlled purchase of the two firearms the following day. The CI told me COYL agreed to meet at 7:00 pm. at the same Home Depot location from the prior deal. 29. On March 16, 2017, Officer Valdivia and I met the CI at a neutral location in Redlands, CA. I provided the ATF Cl with $2,300.00 in U.S Government funds to purchase the ‘two firearms from COYL. Agents and officers searched the CI along with his/her vehicle and confirmed he/she did not possess contraband. ‘The Cl was provided electronic surveillance equipment to record the transaction. 30. Prior to the CI departing the neutral location, surveillance units made up of officers assigned to the RPD MET unit observed COYL depart the SUBJECT PREMISES in the SUBJECT VEHICLE. Surveillance units continued to conduct mobile surveillance of COYL as [Instrumentality Protocol]he drove the SUBJECT VEHICLE to the Home Depot parking lot located at 1151 W. Lugonia Avenue in the City of Redlands. 31, Officer Valdivia and I followed the CI until he/she parked in the Home Depot parking lot, with COYL parking the SUBJECT VEHICLE next to the CI's vehicle. Upon reviewing the electronic surveillance, I observed that after the CI arrived, COYL loaded the two firearms into the C's vehicle and showed him/her the two rifles, telling the CI they were the same ones as last time, COYL then said, “so next week I'l probably have only one ready, but itll be the auto.” COYL said, “it's all going to be pretty much autos from this point on .. . I'm building 20 receivers that are going to be autos.” The CI told COYL he/she would purchase the remaining two rifles and the automatic rifle the following week. ‘The CI then paid COYL $2,300 for the two rifles. 32. The CI then departed the Home Depot parking lot and traveled to a neutral location. Agents and officers maintained continuous visual contact of the vehicle occupied by the CI, with no stops in between, Surveillance units continued mobile surveillance and followed COYL from the Home Depot parking lotto the Alta Vista Credit Union located at 1425 W. Lugonia Avenue in the City of Redlands. Surveillance units then observed COYL drive the SUBJECT VEHICLE back to the SUBJECT PREMISES. 33. At the neutral location, Officer Valdivia and I debriefed the Cl. Agents secured the purchased evidence and collected the electronic surveillance equipment for processing. The firearms purchased by the CI from COYL are described as two identical, .223 caliber AR type rifles, with no make or model markings and lacking visible serial numbers. 34. On March 20, 2017, I conducted a query for any firearms registered to COYL that would be subject to registration under the National Firearms Act (“NFA"), including machineguns. A search utilizing COYL's name, birthday, and social security number retumed no firearms registered to COYL. [instrumentality Protocol] 10COYL Currently Resides at the SUBJECT PREMI 35. On March 19, 2017, I reviewed the electronic surveillance associated with the three controlled purchases by the CI from COYL. Based on my review of the surveillanee and COYLE’s statements, I believe he currently resides at the SUBJECT PREMISES. Additionally, Treviewed a California DMV picture of COYL dated January 25, 2016, I identified the subject in the DMV picture as the person who sold the CI firearms during three controlled purchases. ‘The California DMV picture of COYL lists COYL's address as the SUBJECT PREMISES, V. TRAINING AND EXPERIENCE REGARDING FIREARMS OFFENSES 36. Based on my training, personal experience, and the collective experiences related to me by other experienced ATF special agents who specialize in firearms trafficking and firearms theft investigations, I am aware of the following: a. Persons who possess, purchase, or sell firearms generally maintain the firearms and records of their firearm transactions as items of value and usually keep them in their residence, or in places that are readily accessible, and under their physical control, such as a vehicle. Many people also keep mementos of their firearms, including digital photographs or recordings of themselves possessing or using firearms on their cell phones, smart phones, computers, and other digital devices. It has been my experience that prohibited individuals who purchase firearms illegally will keep the contact information of the individual who is supplying firearms to prohibited individuals or other individuals involved in criminal activities for future purchases or referrals. Many people do not dispose of their firearms-related records; they usually keep their records for long periods, often spanning several years, in a secure location within their residence. b. Correspondence between persons buying and selling firearms often occurs by e-mail, text message, or smart phone or social media apps sent to and from smart phones, laptops, or other digital devices, This includes sending photos of the firearm between the seller and the buyer, as well as negotiation of price, In my experience, individuals who engage in street sales of firearms frequently use e-mail, text messages, or smart phone or social media apps [nstrumentality Protocol] ito communicate with each other regarding firearms that the sell or offer for sale. In addition, it is common for individuals engaging in the unlawful sale of firearms to have photographs of firearms they or other individuals working with them possess on their cellular phones and other digital devices as they frequently send these photos to each other to boast of their firearms possession and/or to facilitate sales or transfers of firearms. c. Individuals engaged in the illegal purchase or sale of firearms and other contraband often use multiple telephones, particularly ones with removable memory chips, known as SIM cards. VI. TRAINING AND EXPERIENCE REGARDING DIGITAL DEVICES 37. Asused herein, the term "digital device" includes any electronic system or device capable of storing or processing data in digital form, including central processing units; desktop, laptop, notebook, and tablet computers; personal digital assistants; wireless communication devices, such as telephone paging devices, beepers, mobile telephones, and smart phones; digital cameras; gaming consoles (including Sony PlayStations and Microsoft Xboxes); peripheral input/output devices, such as keyboards, printers, scanners, plotters, monitors, and drives intended for removable media; related communications devices, such as modems, routers, cables, and connections; storage media, such as hard disk drives, floppy disks, memory cards, optical disks, and magnetic tapes used to store digital data (excluding analog tapes such as VHS); and seourity devices, Based on my knowledge, training, and experience, as well as information related to me by agents and others involved in the forensic examination of digital devices, I ‘know that data in digital form can be stored on a variety of digital devices and that during the search of a premises it is not always possible to search digital devices for digital data for a number of reasons, including the following: a. Searching digital devices can be a highly technical process that requires specific expertise and specialized equipment, There are so many types of digital devices and software programs in use today that it is impossible to bring to the search site all of the necessary ‘technical manuals and specialized equipment necessary to conduct a thorough search, In [instrumentality Protocol] 12addition, it may be necessary to consult with specially trained personnel who have specific expertise in the types of digital devices, operating systems, or software applications that are being searched. b. Digital data is particularly vulnerable to inadvertent or intentional modification or destruction, Searching digital devices can require the use of precise, scientific procedures that are designed to maintain the integrity of digital data and to recover "hidden," erased, compressed, encrypted, or password-protected data. Asa result, a controlled environment, such as a law enforcement laboratory or similar facility, is essential to conducting a complete and accurate analysis of data stored on digital devices. c. The volume of data stored on many digital devices will typically be so large that it will be highly impractical to search for data during the physical search of the premises. A single megabyte of storage space is the equivalent of 500 double-spaced pages of text. A single gigabyte of storage space, or 1,000 megabytes, is the equivalent of 500,000 double-spaced pages of text. Storage devices capable of storing 500 or more gigabytes are now commonplace. Consequently, just one device might contain the equivalent of 250 million pages of data, which, if printed out, would completely fill three 35' x 35 x 10' rooms to the ceiling. Further, a 500 gigabyte drive could contain as many as approximately 450 full run movies or 450,000 songs. 4 Electronic files or remnants of such files can be recovered months or even ‘years after they have been downloaded onto a hard drive, deleted, or viewed via the Intemet. Electronic files saved to a hard drive can be stored for years with little or no cost. Even when such files have been deleted, they can be recovered months or years later using readily-available forensics tools. Normally, when a person deletes a file on a computer, the data contained in the file does not actually disappear; rather, that data remains on the hard drive until it is overwritten by new data. Therefore, deleted files, or remnants of deleted files, may reside in free space or slack space, i.e., space on a hard drive that is not allocated to an active file or that is unused after a file has been allocated to a set block of storage space, for long periods of time before they are [nstrumentality Protocol] 13overwritten. In addition, a computer's operating system may also keep a record of deleted data in a swap ot recovery file. Similarly, files that have been viewed on the Internet are often automatically downloaded into a temporary directory or cache. ‘The browser typically maintains a fixed amount of hard drive space devoted to these files, and the files are only overwritten as, they are replaced with more recently downloaded or viewed content. Thus, the ability to retrieve residue of an electronic file from a hard drive depends less on when the file was downloaded or viewed than on a particular user's operating system, storage capacity, and computer habits. Recovery of residue of electronic files from a hard drive requires specialized tools and a controlled laboratory environment. Recovery also can require substantial time. fe. Although some of the records called for by this warrant might be found in the form of user-generated documents (such as word processing, picture, and movie files), digital devices can contain other forms of electronic evidence as well. In particular, records of how a digital device has been used, what it has been used for, who has used it, and who has been responsible for creating or maintaining records, documents, programs, applications and materials contained on the digital devices are, as described further in the attachments, called for by this warrant, Those records will not always be found in digital data that is neatly segregable from the hard drive image as a whole, Digital data on the hard drive not currently associated with any file can provide evidence of a file that was once on the hard drive but has since been deleted or edited, or of a deleted portion of a file (such as a paragraph that has been deleted from a word processing file). Virtual memory paging systems can leave digital data on the hard drive that show what tasks and processes on the computer were recently used. Web browsers, e-mail programs, and chat programs often store configuration data on the hard drive that can reveal information such as online nicknames and passwords. Operating systems can record additional data, such as the attachment of peripherals, the attachment of USB flash storage devices, and the times the computer was in use. Computer file systems can record data about the dates files were cteated and the sequence in which they were created. This data can be evidence of a crime, indicate the identity of the user of the digital device, or point toward the existence of evidence in [instrumentality Protocol] 14other locations. Recovery of this data requires specialized tools and a controlled laboratory environment, and also can require substantial time, f Further, evidence of how a digital device has been used, what it has been used for, and who has used it, may be the absence of particular data on a digital device. For example, to rebut a claim that the owner of a digital device was not responsible for a particular use because the device was being controlled remotely by malicious software, it may be necessary to show that malicious software that allows someone else to control the digital device remotely is not present on the digital device. Evidence of the absence of particular data on a digital device is not segregable from the digital device. Analysis of the digital device as a whole to demonstrate the absence of particular data requires specialized tools and a controlled laboratory environment, and can require substantial time. g. Digital device users can attempt to conceal data within digital devices through a number of methods, including the use of innocuous or misleading filenames and extensions. For example, files with the extension "jpg" often are image files; however, a user can easily change the extension to ".txt" to conceal the image and make it appear that the file contains text. Digital device users can also attempt to conceal data by using encryption, which ‘means that a password or device, such as a “dongle” or "keycard," is necessary to decrypt the data into readable form. In addition, digital device users can conceal data within another seemingly unrelated and innocuous file in a process called "steganography." For example, by using steganography a digital device user can conceal text in an image file that cannot be viewed when the image file is opened. Digital devices may also contain "booby traps" that destroy or alter data if certain procedures are not scrupulously followed. A substantial amount of time is necessary to extract and sort through data that is concealed, encrypted, or subject to booby traps, to determine whether itis evidence, contraband or instrumentalities of a crime. 38. Other than what has been described herein, to my knowledge, the United States, has not attempted to obtain this data by other means. [instrumentality Protocol] 15VIL. CONCLUSION 39. — Forall the reasons described above, there is probable cause to believe that evidence of violations of Title 18, United States Code, Section 922(a)(1)(A) (dealing in firearms without a license) and Title 18, United States Code, Section 922(d)(9) (sale of a firearm to a prohibited person), as described above and in Attachment B of this affidavit, will be found in a search of the SUBJECT PREMISES, the SUBJECT VEHICLE, and on COYLE’s person, as further described above and in Attachments A-1, A-2, and A-3 of this affidavit. ah Jarrett Keegan, Special Agent Bureau of Alcohol, Tobacco, Firearms and Explosives Subscribed to and sworn before me this 22d day of March, 2017. ‘SHERI PYM HONORABLE SHERI PYM UNITED STATES MAGISTRATE JUDGE [Instrumentality Protocol] 16