United States District Court, S.D. Indiana, New Albany Division
ENTRY ON MOTION TO SUPPRESS
WALTON PRATT, JUDGE UNITED STATES DISTRICT COURT
matter is before the Court on Defendant Lawrence Dusean
Adkinson's (“Adkinson”) Motion to Suppress
(Filing No. 291). Adkinson is charged with Count 1:
Conspiracy to Commit Robbery in violation of 18 U.S.C. §
1951(a), Count 2: Conspiracy to Brandish a Firearm in
Furtherance of a Crime of Violence in violation of 18 U.S.C.
§ 924(o), Count 3: Robbery in violation of 18 U.S.C.
§ 1951(a), and Count 4: Brandishing a Firearm in
Furtherance of a Crime of Violence in violation of 18 U.S.C.
§ 924(c). (Filing No. 48.) Adkinson petitions
the Court to suppress any and all evidence obtained through
cell phone records and his Facebook account. Neither party
requested an evidentiary hearing, nor is one warranted, as
neither party has noted any significant disputed factual
issues. “District courts are required to conduct
evidentiary hearings only when a substantial claim is
presented and there are disputed issues of material fact that
will affect the outcome of the motion.” United
States v. Curlin, 638 F.3d 562, 564 (7th Cir. 2011).
Pursuant to Federal Rule of Criminal Procedure 12(d), the
Court now states its findings of fact and conclusions of law
and DENIES the Motion to Suppress.
FINDINGS OF FACT
27, 2015, a T-Mobile retail store in Clarksville, Indiana was
robbed by four black males. Initially, two of the robbers
entered the T-Mobile store posing as customers. Once the
store was clear, the two robbers pulled out handguns and
ordered the employees away from the counter and onto the
floor inside the office. After receiving a cell phone call
from one of the robbers within the store, two additional
robbers entered the T-Mobile store and locked the doors. The
four robbers took approximately one hundred cell phones and
placed them into black trash bags. They also stole
T-Mobile's DVR surveillance system, as well as wallets,
cash, and cell phones belonging to T-Mobile's employees.
During the robbery, an employee overheard one of the robbers
speaking into his cell phone stating they were “ready
to go”. The four males then exited the store through
the emergency exit located in the rear of the store.
28, 2015, a Verizon Wireless store in Lexington, Kentucky was
robbed. Initially two black males entered the store, and they
were later joined by a third black male. Handguns were
brandished and the store employees were led to the rear of
the store and ordered to place cell phones and electronic
devices into large trash bags. The robbers attempted to steal
the Verizon store's DVR surveillance system; however,
surveillance of the three subjects inside the store was
captured. The three males also stole wallets, cash and cell
phones belonging to store employees. Thereafter, from July
2015 through September 2015, several other retail cell phone
stores throughout the Midwest area, were robbed in a similar
the robbery of Verizon Wireless, on July 28, 2015, a
representative from Verizon provided Ed Schroeder
(“Schroeder”), T-Mobile's Regional Loss
Prevention Manager for Michigan, Indiana and Kentucky, with
surveillance of the Verizon Wireless robbery in Lexington.
T-Mobile employees in Clarksville informed Schroder that the
robbers in Lexington looked similar to the men who robbed
them in Clarksville.
of T-Mobile's Loss Prevention standard procedures,
whenever a T-Mobile retail location, T-Mobile Premium
Retailer, or a Metro PCS location reports a burglary or
robbery, the Loss Prevention Investigations Team will pull
‘tower dumps' of all calls that were made on any
T-Mobile tower in a small radius and time frame of the
location. (Filing No. 320 at 5.) In addition, if
information is received from other wireless companies about
similar incidences, T-Mobile will also pull tower dumps of
those events to aid in their investigation. Id. at
5-6. This data is analyzed by the loss prevention team to
find any links/connections between each incident.
Id. at 6. Based on its loss prevention policy,
T-Mobile initiated a tower connection data dump for the
Clarksville store robbery, as well as a tower connection data
dump of the T-Mobile tower servicing the Verizon Wireless in
Lexington. From the data dump, T-Mobile learned that a
T-Mobile account with the cell phone number (708) 543-7900
was near both tower locations at the time of the robberies.
mission statement of T-Mobile's Loss Prevention program
is to “protect people, property and company
profitability by utilizing the Loss Prevention teams'
knowledge, expertise, and partnerships.” (Filing
No. 320 at 5.) The Loss Prevention team investigates
incidents such as fraud and theft internally as well as large
external cases originating in retail T-Mobile locations.
Id. The investigative team also has access to
subscriber information for T-Mobile accounts. In addition,
collect, use, disclose, and store personal information of its
customers. In regards to its Legal Process and Protection
provide customer information where necessary to comply with
the law, such as disclosure of information to a law
enforcement agency for the customer's safety or the
safety of others, or when T-Mobile is compelled to do so by
subpoena or other legal process.” (See Filing No.
We may disclose Personal Information, and other information
about you, or your communications, where we have a good faith
belief that access, use, preservation or disclosure of such
information is reasonably necessary:
…To protect our rights or interests, property or
safety or that of others.
Id. at 13.
August 4, 2015, a conference call occurred between Schroeder,
FBI Special Agent Ronald A. Hornback, Jr. (“Agent
Hornback”), Detective Nate Walls of the Clarksville
Police Department (“Detective Walls”), and
T-Mobile's Loss Prevention investigator, Scott Wohl
(“Wohl”). Schroder and Wohl informed Agent
Hornback and Detective Walls that they had already initiated
a tower connection data dump of the T-Mobile tower servicing
its store in Clarksville and the Verizon Store in Lexington,
and the T-Mobile account with phone number (708) 543-7900 was
near both tower locations during the commission of the
robberies. (Filing No. 320 at 4, Filing No.
320-2 at 5). Wohl further stated that he had determined
the account associated with the number (708) 543-7900 was
previously associated with a pre-paid T-Mobile account in the
name of Lawrence Adkinson, however on July 7, 2015, Adkinson
authorized the number (708) 543-7900 to be switched to a new
subscriber, named Darcell Jones. Wohl also indicated that he
located pictures of Adkinson via social media and the
pictures were consistent with one of the robbers depicted in
the Lexington robbery surveillance.
the conference call, Agent Hornback searched Facebook for the
name “Lawrence Adkinson.” After conducting
several searches on Facebook, Agent Hornback found a public
Facebook account, bearing the username “L.a. Booky,
” which contained a profile photograph of someone
similar to one of the robbers captured in the Lexington
robbery surveillance. Agent Hornback soon determined that he
had located Adkinson's public Facebook account.
weeks later, on August 23, 2015, Wohl contacted Agent
Hornback regarding the robbery of another T-Mobile store
located in St. Louis, Missouri. Wohl explained that the (708)
543-7900 T-Mobile account phone number was near the store at
the time of the robbery. Three days later, on August 26,
2015, Wohl again contacted Agent Hornback stating there was
another armed robbery of a T-Mobile located in DeKalb,
Illinois, which he believed was ...