Project Traveller
Short Description
Project Traveller...
Description
ONTARIO COURT OF JUSTICE (TORONTO REGION) IN THE MATTER OF an Order for a Search Warrant, pursuant to the provisions of the Criminal Code;
AND IN THE MATTER OF an Application for a Sealing Order. pursuant to the provisions of the Criminal Code; ------·----·----- · - - - - · WARRANT
Detective Constable TANABE #8252 Toronto Police Service Organized Crime Enforcement Phone: . . . . _ _
60
ONTARIO COURT OF JUSTICE (TORONTO REGION)
IN THE MATTER OF applications for Search Warrants pursuant to Section 487 of the Criminal Code ;
AND IN THE MATTER OF an application for a Sealing Order pursuant to the provisions of Section 487.3 of the Criminal Code.
INFORMATION TO OBTAIN
BACKGROUND 1.
On March 181h 2013 , a Part VI Wiretap Application was granted by Justice NORDHEIMER wh ich permitted investigators to intercept the private communications of numerous named parties. The Part VI Wiretap Application is in relation to the named offences of participate in a criminal organization , commission of an offence for a criminal organization , instructing the comm ission of an offence for a criminal organization . and murder.
2.
Many of the named parties in this investigation are believed to be participants in a crim inal organization often referred to as the Dixon Crew. Numerous confidential sources provided police with information that this criminal organ ization was involved in the trafficking of firearms and narcotics. Confidential source information and police investigations revealed that this criminal organization has violent tendencies involving robberies, murder, and other
firearm related offences. This investigation is ongoing and is entitled "Project Traveller". 3.
On May 1oth 2013, a renewal/expansion Part VI Application was granted by Justice NORDHEIMER which permitted investigators to intercept numerous named parties. This Authorization continues the investigation of the original named offences from the first authorization .
4.
This current search warrant application is as a result from evidence obtained from the interception of private communications. In this search warrant application I seek authorization for police to enter and search the premise(s) listed in paragraph 6 for the items listed in Appendix 'A". The wire-tap evidence obtained has led me to believe that Lamar PORTER has committed offences listed in Appendix 'B'.
5.
In this affidavit I will set out my reasonable grounds to believe that the offences listed in Appendix 'B' have been and are being committed by: a)
6.
LamarPORTER
It is proposed that the Search Warrant be executed at the following location(s) in relation to the following parties.
Addresses and vehicles associated to Lamar PORTER
a) i)
380 Pelissier Street #2203 , Windsor Ontario and any associated
storage units at this location . ii)
2763 Howard Avenue #1 0, Windsor Ontario
iii)
Volvo motor veh icle with licence plate BMEV 744
INTRODUCTION OF THE AFFIANT 7.
1 Shingo TANABE, of the City of Toronto, of the Province of Ontario, am a police
officer employed by the Toronto Police Service. I have been employed with the
Toronto Police Service since August 2001 and currently hold the rank of Detective Constable. I am currently assigned to the Organized Crime Enforcement Unit - Major Projects Section where I perform my duties as an investigator in a plain clothes capacity. I have experience in investigations regarding criminal offences and controlled substance offences. I have been the sworn affiant of Criminal Code search warrants, Controlled Drugs and Substances Act search warrants , General Warrants, Number Recorder Warrants, Production Orders, and Provincial Offences Act search warrants. 8.
I have received training in numerous areas and completed numerous courses. Some of these courses include the Interception of Private Communication course, Advanced Search warrant course , Firearms Investigator course, and Drug Investigator course. In this affidavit, at times I state my belief in relation to numerous street terms. I am aware that these terms are common terms used in drug and firearm related investigations. My belief in relation to the meaning of these terms is based on numerous personal experiences of drug and firearm investigations. These experiences include but are not limited to: a)
Working on a wire investigation where I have listened to numerous recorded and live Uudicially authorized) intercepted phone calls regarding firearm and drug transactions.
b)
My experiences of debriefing numerous confidential sources where I have learned drug terminology, drug dealing trends, and drug street prices.
c)
My experiences of purchasing contraband such as cocaine , heroin, and replica firearm in an undercover capacity.
9.
The mandate of the Major Project Section is to identify and dismantle any violent gang , criminal organization , crime group , or any other members responsible for violent criminal activity within the communities of Toronto. This mandate is fulfilled by way of major project-based enforcement initiatives , which includes but is not limited to , preparing and executing various warrants, assistance orders and conducting a number of surveillance techniques.
10.
I am one of the lead investigators involved in this investigation named "Project Traveller". I have direct knowledge of the facts hereinafter deposed to, except where the facts are stated to be based upon belief derived by others and presented to me for this investigation . I have relied on other persons . police
officers, pol ice computer systems, police occurrence reports , and other pol ice information to form my grounds for this affidavit.
COMPUTER DATA SYSTEMS 11.
As part of my duties I use a number of computer data systems to retrieve, review and obtain information. I believe that these computer data systems are generally reliable . For ease of reference I will identify those systems I used during the course of my investigation and that I have named in this information. a)
Centralized Occurrence Processing System hereafter referred to as COPS. This system is a Toronto Police Service automated index for the use of Toronto Police Service members on ly. The information available includes, but is not limited to searches of occurrences by name, address, licence plate, occurrence number and telephone number that have been reported to the Toronto Police Service;
b)
Enterprise Case and Occurrence Processing System hereafter referred to as ECOPS. Th is system maintains and stores police occurrence reports , with similar capabilities as its predecessor, C.O.P .S. above;
c)
The Criminal Information Processing System hereafter referred to as CIPS . This system maintains and stores arrest reports;
d)
The Master Name Index System hereafter referred to as MANIX. Th is system maintains and stores information about officer's contacts with citizens ;
e)
The Field Information Report System hereafter referred to as FIR. Th is system replaced the M.A.N .I.X. system . Th is system maintains and stores information about officer's contacts with citizens ;
f)
The Ministry of Transportation of Ontario hereafter referred to as MTO. Th is system maintains and stores information regarding driver and vehicle licensing;
g)
The Canadian Police Information Centre hereafter referred to as CPIC is a computer system operated by the Royal Canad ian Mounted Police .
This system is accessed only by law enforcement personnel and contains information of criminal records , charged persons, wanted persons , prohibition orders and outstanding charges for individuals; h)
The Integrated Court Offences Network hereafter referred to as ICON is an on-line mainframe system that accumulates information by courthouse in the Ontario Court of Justice. It maintains case data and produces court docket and monthly statistical reports . The Toronto Police Service utilizes th is system for the purpose of obtaining information regarding court dispositions as well as scheduled court dates for offenders;
i)
Canadian Firearms Registry Online, hereafter referred to as CFRO . This system is a direct link for law enforcement agencies to Canadian Firearms Information System (CFIS) . This system stores information in regards to applications, registrations , transfers, and permits to transport firearms , as well as applications and licensing of business , as well as individuals to acquire and or possess firearms. However police have limited access through this link and can only obtain information pertaining to firearm reg istration and the licensing of business and individuals to possess or acquire firearms ;
j)
System Identification hereafter referred to as SID. This refers to an accused 's booking number in lntellibook;
k)
lntellibook is an electronic database of images, descriptor information and offence information of persons charged with various offences by Toronto Police . The Toronto Police Service also assigns each person arrested and charged with an indictable offence an ind ividual number referred to as an MTP number. The information on this SID system is filed and searched by that number.
THE INTERCEPTION OF PRIVATE COMMUNICATIONS 12.
I have listened to and read summaries of relevant interceptions in relation to th is affidavit. The following is a chronolog ical list of the relevant calls and investigative summaries that provide reasonable grounds that Lamar PORTER has committed the offences listed in Appendix '8 '.
13.
I have included the interceptions in the form and language in which the intercepted calls were produced by civilian monitors of the Toronto Police Service. During the production of intercepted commun ications the civil ian monitors may be unable to determine exactly what is being said . At these times the call wi ll have noted 'inaudible' (lA) or (PH) for words that are spelled phonetically as they are heard .
14.
The majority of the intercepted calls are in English, however at times the intercepted parties speak in other languages than English. These calls are then translated by peace officers who have been deemed fluent in the respective language.
15.
I have included summaries of relevant calls wh ich I believe provide evidence of voice identification and evidence of the named offences. There have been numerous relevant calls throughout the course of this investigation . I have included summaries of only those calls which I believe are in relation to the listed offences .
VOICE IDENTIFICATI ON INTERC EPTIONS Lamar PORTER 16. -
17.
numbe and has had named parties in this investigation . The user of these phone numbers became a person of interest and pol ice commenced an investigation into the user of this phone number. Detective Constable PLUNKETT #7831 of the Organized Crime Enforcement Unit - Major Projects Section completed reports in regards to the identification of the user of th is phone number. I have read these reports and I agree with Detective Constable PLUNKETT's find ings. I believe a male identified as Lamar PORTER is using these phone numbers. Detective Constable PLUNKETT's reports are attached as Appendix 'C '
CHRONOLOGY OF INVESTIGATION PERTAINING TO THIS AFFIDAVIT
INTERCEPTIONS March 21st 2013 Named Person & Line: Session Number: Date and Time: Direction: 18.
(Lamar PORTER)
Ayanle OMAR called Lamar PORTER who he refers to as "L" and "Lamar". OMAR says, "Remember the shako that went missing with me? It was my landlord that booked it." OMAR then says, "I think that you know the person the name's under, I think they're singing too". "Ya but my landlord doesn't have my line, you know what I'm sayin , doesn't have my number, he has the youths number". OMAR says, "Ya and this youth I don't even know if he will keep it solid for me, you those ones? He's a school boy". OMAR asked the male if he is going to bring him "TEETH " tomorrow when he sees him . OMAR asked if it was "a bill" for 50. OMAR said to get it for him tomorrow.
a)
The term "teeth " is often used to refer to ammunition.
b)
I believe this ca/1 associates the nickname "L" and the name "LAMAR" to Lamar PORTER who is using telephone number I also believe that OMAR is arranging to purchase ammunition from the PORTER. OMAR confirms that it is a bill ($1 00) for 50 (50 rounds of ammunition a box) .
Named Person & Line: Session Number: Date and Time: Direction: 19.
Ayanle OMAR, 977 March 21st Outgoing to -
Ayanle OMAR, • 978 March 21st Outgoing to- - -Lamar PORTER)
The phone associated to Ayanle OMAR had an exchange of text messages with the phone associated to Lamar PORTER as follows . Session 978 - Outgoing 8:54 pm - "Jordan 9s"
a)
i)
This is a reference to 9 mm ammunition.
b)
Session 979 - Incoming 8:54pm -"K"
c)
Session 980 - Outgoing 8:54 pm -"The h one tho famz"
I believe the "h" in this text message to be a possible reference to hollow point (hoffow point is a type of ammunition) or the brand/type of ammunition.
i)
d)
Session 984 -Incom ing 9:01 pm- "Those 120 and you only get 20".
March 27th 2013 Named Person & Line: Session Number: Date and Time: Direction :
20.
liban SlY AD,
323 March 2ih 201 Outgoing to
Lamar PORTER)
Liban SIYAD made a phone call and spoke with Magan OMAR. Magan OMAR advised that he is in the crib hiding from TRAP (Ayanle OMAR) and TRAP is hiding from the whole city. SIYAD asked why? Magan OMAR advised that "TRAP" owed Lamar (Lamar PORTER) $650. SlYAD asked if it was for shako (work/cocaine). Magan OMAR advised yes. a)
I believe this calf indicates that Lamar PORTER is involved in trafficking narcotics.
April 2nd 2013
Named Person & line: Session Number: Date and Time: Direction:
21.
April 2nd Outgoing to -
Lamar PORTER)
Siyadin ABDI ,
2661 April 2nd 2013, Incoming from
PORTER)
Text Message : "K one min" Named Person & Line: Session Number: Date and Time: Direction :
23.
2659
Text Message : "Send ur ace" Named Person & Line: Session Number: Date and Time: Direction :
22.
Siyadin ABDI ,
Siyadin ABDI ,
2676 2013-04-02, 10 TP ••. Incoming from
Text Message : "Paul smith-bonnie
Lamar PORTER)
a)
I believe this call along with other intercepts indicate that Paul SMITHBONNICK is involved with Lamar PORTER in trafficking firearms.
b)
I believe this call indicates that Lamar PORTER is receiving money for firearms through Paul SMITH-BONN/CKS bank account.
April 3rd 2013 Named Person & Line: Session Number: Date and Time: Direction :
24 .
Siyadin ABDI, 02713 April 3rd Outgoing
PORTER)
sth
I believe this series of text message along with other intercepts indicate that ABO/ is inquiring when the next shipment of firearms are going to be received. It is later learned that ABO/ purchased a Taurus revolver from Lamar PORTER.
2013
Named Person & Line: Session Number: Date and Time: Direction:
27.
(Lamar PORTER)
Text Message : "Say no more" a)
April
Siyadin ABDI 02712 April 3rd 2013, 12:16 am Incoming from
Text Message :"Not yet but they mine fore" Named Person & Line: Session Number: Date and Time: Direction:
26 .
(Lamar PORTER)
Text Message : "Any word on the next ones" Named Person & Line: Session Number: Date and Time: Direction:
25.
Siyadin ABDI . 02711 April 3rd Outgoing to -
Madina HASSAN 2851 April 81h 2013, 6:18pm Incoming from
Lamar PORTER)
The phone associated to Madina HASSAN received a text message from the phone associated to Lamar PORTER that read , "Paul smith-bonnick".
28 .
The following are further incoming text messages to Madina HASSAN 's phone from Lamar PORTER's phone. a)
Session 2853 - April 81h 2013 , 6:19pm- incoming
b)
Session 2854- April8 1h 2013, 6:19pm -incoming- -
c)
Session 2855- April 81h 2013 , 6:19pm- incoming- "Cibc".
d)
Session 2857 - April 81h 2013 , 6:19 pm - incom ing - "Don't hit this one back". I believe that Lamar PORTER is sending Paul SMITH-BONNICK's bank account information to Madina HASSAN's phone to receive payment.
i)
Named Person & Line: Session Number: Date and Time: Direction :
29.
gth
I believe that this caff along with other text messages indicate that Lamar PORTER and Paul SMITH-BONNICK are involved in trafficking firearms . 2013
Named Person & Line: Session Number: Date and Time: Direction:
30.
Lamar PORTER)
Lamar PORTER called Madina HASSAN and asked for SLEEPY (Ahmed FARAH) . HASSAN said that he was not there but she got that. Lamar PORTER said cool , cool I just wanted to double check. a)
April
Madina HASSAN, 02860 April 8th 2013, Incoming from -
Siyadin ABDI , 3803 April gth Outgoing to- - (Lamar PORTER)
Siyadin ABDI called Lamar PORTER. ABDI said that he was on the Greyhound coming to the W (Windsor) . ABDI said have your phone I should be there at like 5 or 6 the latest, I want to be in and out, quick th ing . Lamar PORTER said that's cool and once it gets dark we will bump heads (meet up). a)
ABO/ is on his way to Windsor to meet with Lamar PORTER. PORTER does not want to meet with ABO! until it is dark out.
Named Person & Line: Session Number: Date and Time:
Erick BERCIAN 61 April gth 2013 5:18 pm
Lamar
Direction : 31 .
I believe this text message along with other intercepts indicates that Erick BERCIAN is receiving a quantity of cocaine from Lamar PORTER.
Named Person & Line: Session Number: Date and Time: Direction :
Lamar PORTER)
Siyadin ABDI, 03959 April gth 2013, 10:00 pm Outgoing to
Lamar PORTER)
Lamar PORTER gives further direction to ABO I to attend the Rack N Roll in a plaza.
Named Person & Line: Session Number: Date and Time: Direction : 34 .
Siyadin ABDI, 03951 April 9th 2013, 9:34pm Incoming from
Lamar PORTER called Siyadin ABDI to meet him at Forest Glade in 15 minutes .
Named Person & Line: Session Number: Date and Time: Direction : 33 .
Lamar PORTER)
The phone associated to Erick BERCIAN sent a text message to the phone associated to Lamar PORTER that read , "I go fo one whole and half can u throw a q ma nig ". a)
32 .
Outgoing to
Siyadin ABDI , 'TP I 03960 April 9th 2013, 10:05 Outgoing to
mar PORTER)
Siyad in ABDI called Lamar PORTER and advised that he was there . Lamar PORTER told ABO I that he would meet him inside the location .
Photographs of Lamar PORTER for Taurus revolver gun deal 35 .
Detective Constable PLUNKETT completed a supplementary report on the surveillance footage at the Rack N Roll bar located in Windsor. I have reviewed his report and learned the following . a)
The Rack N Roll bar has surveillance cameras in the premise. Police obtained video surveillance photographs from April gth 2013 around the time 10 :07 pm .
b)
The following photograph shows Siyad in ABDI inside the bar and Siyad in ABDI 's 2012 police booking photograph .
i)
c)
The fo llowing photograph shows Mohamed SIAD inside the bar and Mohamed SIAD's 2010 police booking photograph .
i)
d)
The fo llowing photograph shows Lamar PORTER inside the bar and a Windsor Police booking photograph of PORTER.
i) e)
The following is a photograph of PORTER, SIAD , and ABDI together in the bar.
i)
f)
The following is photograph of Lamar PORTER hugging Siyad in ABO I at a booth in the bar.
i)
(1)
Further intercepts and police search warrant have determined that Lamar PORTER has sold Siyadin ABO/ and Mohamed SIAD a Taurus revolver at this location.
Named Person & Line: Session Number: Date and Time: Direction:
36.
Siyadin ABDI, 04021 2013-04-09, 11:55 Outgoing to
Lamar PORTER)
Siyad in ABDI ca lled Lamar PORTER back and confirmed that it would not be happening tonight. ABDI indicated that his boy wants him to stay but he can't and would have to return tomorrow. ABDI indicated that he did not trust his youth (the one that set the deal up) . ABDI asked if the one he had is paid for and Lamar PORTER confirmed it was . ABDI said ok this one is mine. The unknown male said that he (the person who set the deal up) still owed him a bill ($100). ABDI asked if the next one was coming tomorrow and clarified three . Lamar PORTER said three maybe five . ABDI told Lamar PORTER that if he tells him there are three tomorrow that he would come back tomorrow with the money for the three and ABO I wou ld cut the other person out. a)
I believe this calf confirms that Lamar PORTER had sold a firearm to Siyadin ABDI.
b)
Lamar PORTER advised that he would have three to five more firearms the next day.
April 1oth 2013 Named Person & Line: Session Number: Date and Time: Direction : 37 .
Mohamed SIAD -
11496 April1 oth 2013 12:30 am Incoming from
Naimo WARSAME)
Mohamed SIAD received a phone call and spoke with Naimo WARSAME . Naimo WARSAME advised that she is having issues with the bus. She complains about having to wait in London , Ontario for 4 to 5 hours for the bus to Toronto. The bus WARSAME is taking is going to London and arriving at around 3 am. WARSAME needs to wait in London for another bus to Toronto which leaves at about 6:50 am . SIAD advises her to get on the bus to London and he would try to make arrangements to get her. WARSAME said it cost her a bill just to get to London . SIAD said he would leave now and beat her to the LO (London , Ontario) a)
I believe through the context of this call and the other documented intercepts that WAR SAME is in possession of the revolver that Mohamed SIAO and Siyadin ABO/ purchased from Lamar PORTER. WARSAME is travelling with the firearm from Windsor to Toronto.
b)
A Search Warrant was later executed at Naimo WARSAME's residence and police located the Taurus revolver that Lamar PORTER sold to Siyadin ABO/ and Mohamed S/AO.
April 27th 2013 Named Person & Line: Session Number: Date and Time: Direction: 38 .
Mohamed SIAD,
16452 April 2ih 2013, Incoming from -
(Lamar PORTER)
Mohamed SIAD received a call from Lamar PORTER, who identified himself as "LAMAR" saying he there's a couple things, a few th ings. Brand new. Mohamed SIAD says okay and that he will call him back from his new number. a)
1 believe Lamar PORTER was referring to firearms for sale and available to Mohamed SIAD.
April 28th 2013 Named Person & Line:
Mohamed SIAD,
Session Number: Date and Time: Direction: 39 .
165 April 28th 2013, 2:52 Incoming from
mar PORTER)
Mohamed SIAD received a call from Lamar PORTER telling him there's a glizzie G-lock and the next one. He continued to say, "hit me up though because if not I have to do my thing". Mohamed SIAD was to call him back. a)
I believe Lamar PORTER was referring to a Glock firearm for sale and offered it to Mohamed SIAD.
April 29th 2013 Named Person & Line: Session Number: Date and Time: Direction: 40.
Siyadin ABDI,
6601 April 29th 2013, 6: Incoming from
mar PORTER)
Siyad in ABDI received a call from Lamar PORTER who tells him "there's a few Jordans". Siyad in ABDI says he heard and he will meet him tonight and talk in person . Lamar PORTER asked Siyad in ABDI if he had some zips for his soldiers so they could have change . a)
I believe Lamar PORTER and Siyadin ABO/ were discussing firearms Lamar PORTER had for sale and drugs Siyadin ABO/ had.
b)
Lamar PORTER would sell Siyadin ABO/ firearms, and Siyadin ABO/ would sell Lamar PORTER a quantity of drugs he could divide amongst the men he has selling at the street level.
c)
I believe this call indicates that Lamar PORTER traffics firearms and narcotics.
May 2nd 2013 Named Person & Line: Session Number: Date and Time: Direction:
Siyadin ABDI
7202 May 2nd 2013, 2:24 Incoming from
brahim KHIAR)
41.
May
Siyadin ABDI received a phone call and spoke to Ibrahim KHIAR. ABDI advised that was in Windsor and that he hasn't called the guy yet because the phones are hot but he would be visiting the person today and would call KHIAR back.
a)
This call is in relation to ABO/ and Ahmed FARAH obtaining two firearms to sell to Ibrahim KHIAR.
b)
Intercepts and police investigation revealed that FARAH and ABO/ purchased two Smith and Wesson pistols from Lamar PORTER and sold them to Ibrahim KHIAR. KHIAR was later arrested and found to be in possession of both firearms.
3rd
2013
Named Person & Line: Session Number: Date and Time: Direction: 42 .
Siyadin advised advised advised
Lamar PORTER)
ABDI received a phone call and spoke with Lamar PORTER. ABDI PORTER that he wanted to meet with him . PORTER agreed and to meet him where ABDI and his friends had met him before. PORTER ABDI to call him in a couple of hours and they will "bump heads".
a)
This call is in relation to Siyadin ABO/ and Ahmed FARAH purchasing two Smith and Wesson pistols from Lamar PORTER. These firearms were then sold to Ibrahim KHIAR.
b)
I am aware that PORTER had met with ABO/ and Mohamed SIAO previously on April gth 2013 at the Rack N Roll bar located at 3087 Forest Glad Drive.
c)
On this occasion PORTER had sold ABO/ and SIAO a .44 calibre Taurus revolver. Similarly, PORTER had used the expression "bump heads" when meeting with ABO/ on that occasion as well.
Named Person & Line: Session Number: Date and Time: Direction : 43 .
Siyadin ABDI 7270 May 3rd 2013, 1:30 Incoming from
Mohamed SIAD, 1314 May 3rd 2013 2:09 Outgoing to
mar PORTER)
Mohamed SIAD placed a call to Lamar PORTER looking to pick up some things from him. Lamar PORTER says to him not right now, he had it for so long but will call him and it should be later today. Mohamed SIAD says he'll take it from
Lamar PORTER "it's two or three nice ones and if you can deal with a ticket, I'll take three of them". Lamar PORTER tells him it should be tonight. 44 .
In subsequent session 1385 at 6:34pm Lamar PORTER called Mohamed SIAD telling him that it came through . Lamar PORTER tells him he has to be quick though . Mohamed SIAD asked if it was the same thing he asked for "the Jordan 9s and stuff like that, Spike Lee the new 40s edition". Lamar PORTER asked "you mean the extra laces for it? Talking laces or the shoes themselves?" Mohamed SIAD says yes the shoes themselves . a)
I believe Lamar PORTER was referring to ammunition when he said "faces " and referring to the firearms when saying "shoes". I believe Mohamed SIAO was looking to purchase 9 mm and .40 calibre pistols from Lamar PORTER.
Named Person & Line: Session Number: Date and Time: Direction: 45.
Siyadin ABDI
7202 May 3rd 2013, 7:42 Incoming from
(Ibrahim KHIAR)
Siyadin ABDI received a phone call and spoke to Ibrahim KHIAR. KHIAR asked if everything was good . ABDI said , "I talked to my boy today (Lamar PORTER) and he's like he has that on deck already, and he has a few more tings com ing in , so I might leave tonight but tomorrow for sure." ABDI then says, "Before I grab certain things you know what I mean , would you be interested in a MAC?" KHIAR sa id , "uh yea that laptop I'll take . How many megabytes?" ABDI responded , "Probab ly like 30? I'm guessing?" KHIAR then said, "How much does it cost to get the last one?" ABDI said , "I dunno fam , I talked to my boy he has a bunch of sh it on deck, but for sure the ones I showed you l'mna get that off of him . The prices are good still". ABDI advised that he will get as much as poss ible and everything he get he will give it KHIAR ABDI advised that it is him and "HORDA" (Sleepy I Ahmed FARAH) . KHIAR advised he wasn 't sure who that was . ABDI then advised "SLEEPY". KHIAR advised that he knew him .
a)
When ABO/ referred to a "MAC" I believe that he was referring to a MAC 10. (Military Armament Corporation machine gun)
b)
When KHIAR asked about the megabytes and ABO/ responded with 30, I believe ABO/ was advising that the machine gun has a 30 round capacity.
c)
Siyadin ABO! is referring to firearms that Lamar PORTER has for sale.
May 4th 2013 Named Person & Line: Session Number: Date and Time: Direction: 46.
Siyadin ABDI 7391 May 4th 2013, 9:24am Outgoing to
(Lamar PORTER)
Ahmed FARAH made a phone call using Siyadin ABDI's phone and spoke with Lamar PORTER. FARAH asked PORTER if his "shit" had come in. PORTER advised it had not but it was going to come today. FARAH said , "Remember what we talked about right?" PORTER said , "Yea yea I'm gonna do that". FARAH said , "I'm gonna take care of everything else that I owe you whatever whatever, and I'll pay for the next one, and then you'll throw me the next one on the side and lets do this bra". PORTER said , "Lets do this". a)
I believe this call along with other intercepts indicates that Ahmed FARAH
is waiting on a shipment of firearms to arrive that PORTER is supposed to get today.
b)
I believe this shipment includes the two Smith and Wesson firearms that ABO/ and FARAH bought from PORTER and sold to Ibrahim KHIAR.
May 7th 2013 Named Person & Line: Session Number: Date and Time: Direction :
47.
Siyadin ABDI 7992 May 7th 2013, 4:51 pm Incoming from
Ibrahim KHIAR)
Ahmed FARAH received a call on Siyadin ABDI's phone and spoke with Ibrahim KHIAR. KHIAR identified himself as "EYE" and FARAH identified himself as "SLEEPY". FARAH asked if KHIAR is trying to deal with it today. KHIAR advised that he needed to know what it is. FARAH advised that he doesn 't want to say it on the phone. FARAH asked KHIAR to come by because the phone thing is on fire . FARAH said , "What do you wanna do family , talk to me". KHIAR responded , "I dunno mall , restaurant, something ". FARAH said, "They said its sick, between me and you its sick proper proper". FARAH advised that there are other things on the side too. KHIAR said, "I just wanna know, you know, the name of the ca r". FARAH said , "Oh fuck I don't even wanna say that on the phone, but uh Smith Smith Smith , .. . Smith Smith , you know what I'm saying". KHIAR asked , "Mr and Mrs Smith?" FARAH responded "Mr Smith". KHIAR said, "Ok whats the next
one?" FARAH responded , "Both of them" . KHIAR asked, "Ones for 45 dollars and ones for 40?" FARAH advised KHIAR to hold on and FARAH spoke to someone in the background and said , "How do you say afar afar (four four) without that not being bait?" The voice in the background sa id, "Remember that 44 year old bitch you fucked last week". FARAH then said to KHIAR, "Remember that 44 year old bitch you fucked last week? The 44 year old?" KH IAR advised yes . FARAH sa id , "sexy bitch". KHIAR responded , "Oh those ones, it's the time I went on the merry go round those things" . FARAH said, "Yea the bitch got like 6 kids and everyth ing man". KHIAR advised that he will see FARAH later.
a)
I believe when FARAH advised KHIAR there were other things on the side he was referring to ammunition being available.
b)
I believe when FARAH advised the make of the car was "Smith", he was using guarded language and referring to a Smith and Wesson pistol.
c)
I believe when KHIAR attempted to confirm 45 and 40 dollars he was using guarded language to confirm if the firearms were .45 calibre and .40 calibre.
d)
When FARAH spoke about the ''44 year old bitch with six kids" I believe he was using guarded language to describe a .44 calibre revolver with 6 chambers.
e)
I believe KHIAR attempted to confirm if the firearm was a revolver by using guarded language when he spoke about an incident on a merry go round.
f)
I believe this call along with other intercepts indicate that Siyadin ABO/ and Ahmed FARAH are trafficking two firearms to Ibrahim KHIAR that they purchased off of Lamar PORTER.
g)
Shortly after this call Ibrahim KHIAR met with ABO/ and purchased the two Smith and Wesson firearms from him. Police arrested KHIAR after the transaction had occurred and found him to be in possession of these firearms .
May 10th 2013 Named Person & Line: Session Number: Date and Time: Direction:
Lamar PORTER 72 May 10th 2013, 8:39pm Incoming from
ran MARAGH)
48 .
Lamar PORTER received a phone call and spoke with lmran MARAGH. PORTER told MARAGH that he hasn 't left yet, that he is "waiting on the next one to come". PORTER told MARAGH that he got him a G27. PORTER told MARAGH that he would pay his soldier a quick 250 to come. MARAGH told PORTER that he is getting it for himself, so he doesn't want to play too much. PORTER said that the 27 is 17 and the other one is 16. MARAGH asked if it was 17 flat and if has to pay 250 on top. PORTER suggested splitting the cost of paying his soldier. MARAGH told PORTER that if the other one is "proper", he'll "grab it".
a)
I believe that PORTER is going to sell a Glock Model 27 to MARAGH for $1700. I believe that he is offering him another firearm for $1600.
May 11th 2013 Named Person & Line: Session Number: Date and Time: Direction : 49 .
169 May 11th 2013 Outgoing to
ran MARAGH)
Lamar PORTER placed a phone call and spoke lmran MARAGH . PORTER described the other one as a 226 and as the "S". PORTER told MARAGH that he'll have the guy bring it anyway. MARAGH asked if he have the next one . PORTER said yes and said that he would be coming by early afternoon . MARAGH asked about the "S" and what was the "holdage". PORTER replied "it's a lot". They agree to talk again in the morning .
a)
I believe that the second firearm is a Sig Sauer Model P226. I believe that MARAGH asked how many rounds of ammunition it will hold. PORTER advised that it comes with an over-capacity magazine.
Named Person & Line: Session Number: Date and Time: Direction: 50.
Lamar PORTER
Lamar PORTER
221 May 11th 2013, 10:15 am Incoming from
(lmran MARAGH)
Lamar PORTER received a phone call and spoke with lmran MARAGH . MARAGH asked when he is coming . PORTER said that he'll be leaving between 12 and 2. MARAGH said "you told me last night you would be here by 12". PORTER advised that he would be driving with his girl and her friend.
a)
1 believe this call indicates that lmran MARAGH is waiting for Lamar PORTER to traffic him a firearm.
Named Person & Line: Session Number:
Lamar PORTER
226
Date and Time: Direction: 51 .
Incoming from
Lamar PORTER received a phone call and spoke with lmran MARAGH. They argued about the fact that PORTER hasn't left yet. They talked about PORTER visiting a male in jail and discuss the visiting hours. PORTER sa id th at he is ready to leave and everyth ing is ready to go.
Named Person & Line: Session Number: Date and Time: Direction : 52.
ran MARAGH)
Lamar PORTER 359
May 11 1h Outgoing to -
(lmran MARAGH)
Lamar PORTER rece ived a phone call and spoke with lmran MARAGH. MARAGH complained that he has been waiting for 36 hours. PORTER said "you 're on house arrest". MARAGH advised that he is not on house arrest any more, that he has a 12 o'clock curfew and that his brother is his surety.
On May 1ih 2013 police conducted surveillance on Lamar PORTER and observed the following.
a)
i)
Lamar PORTER met with lmran MARAGH at the Hilton hotel in Toronto.
ii)
PORTER and MARAGH then drove to 111 Upper Duke Crescent, Markham.
iii)
MARAGH was then observed entering unit #502.
b)
Police maintained surveillance at 111 Upper Duke Crescent while police applied for a Search Warrant.
c)
A Search Warrant was granted and executed at this address.
d)
/mran MARAGH was not located in the premise, however police located a large quantity of cocaine in the premise. (1)
It is unknown if MARAGH had left the building or attended another unit in the building while police were preparing for the search warrant.
May 12th 2013 Named Person & Line:
Lamar PORTER,
Session Number: Date and Time: Direction:
616 May 12th 2013, 1 0:02pm Incoming from
(Paul
SMITH-
BON NICK) 53.
Lamar PORTER received a call from Paul SMITH-BONNICK, using U.Who told him "the old man came outside". Paul SMITH-BONNICK continued to describe to Lamar PORTER he did not get caught and went the opposite way where he dropped him , and now he's hopping fences , now hiding in a bush . The lights were off in the house and as soon as he walked up to the car they turned the lights right back on . Lamar PORTER told him to hurry up so he could go pick him up .
54.
In subsequent session PORTER received a cal l from Paul sounded out of breathe saying he SMITH-BON NICK using thought he broke his arm . Lamar PORTER asked him if anyone saw him and to go to the next street over where he picked him up .
a)
Further intercepts and police investigation has revealed that this phone call is in relation to Lamar PORTER and Paul SMITH-BONNICK retrieving firearms and a GPS from a vehicle.
b)
The investigation has revealed that the firearms and a GPS are hidden in the bumper area of vehicles with an Ontario plate in the state of Michigan. These vehicles are then tracked and followed across the Michigan/Windsor border. Once the firearms have safely crossed the border in the vehicle, it is tracked to where the vehicle parks, normally a person 's residence .
c)
The firearms and GPS are then removed from the vehicle. The investigation has revealed that the drivers of these vehicles are random people who have no idea that firearms have been hidden underneath their vehicles.
d)
An interception has revealed that an ideal vehicle to smuggle firearms and a GPS in would be a vehicle with an Ontario licence plate in Michigan that is parked at a sporting event.
e)
This call is in relation to Lamar PORTER and Paul SMITH-BONN/CK tracking the GPS and firearm back to Ontario and attempting to remove the items from the vehicle.
f)
During Paul SMITH-BONNICKS attempt in removing the firearms, the lights fumed on in the house which caused SMITH-BONNICK to flea . SMITH-BONN/CK jumped some fences and injured his arm.
May 14th 2013
55.
Named Person & Line: Session Number:
Lamar PORTER,
Date and Time: Direction :
May 14th 2013, 9:26 Outgoing from
(lmran MARAGH)
Lamar PORTER placed a call to lmran MARAGH who asked "how did that come back for you". Lamar PORTER replied "it worked out great, and it's gone." They discuss the inconvenience of driving to the "L", having to go two three times a week. lmran MARAGH mentioned the L he just took. Lamar PORTER talks about keeping the money in the circle , between them . He also mentioned "taking a big L but still shaking it, a bunch of your thing , you know". Lamar PORTER also mentioned his cousin being his partner so that was also an automatic rip anyways , seeing half of the next thing . The conversation drops off with Lamar PORTER telling lmran MARAGH that he has to see him tomorrow. a)
I believe lmran MARAGH and Lamar PORTER were sharing stories of taking losses or hits by police raids.
b)
I believe MARA GH is referring specifically to the cocaine seizure at 111 Upper Duke Crescent #502.
Named Person & Line: Session Number: Date and Time: Direction :
56 .
19
Lamar PORTER, 1142 May 14th 2013 , 10:37 Incoming from
rry POPE)
Lamar PORTER received a text from the phone associated to Jerry POPE which read " a)
Lamar PORTER is receiving the licence plate -
b)
Jerry POPE is advising Lamar PORTER that the GPS and firearms have been hidden in this vehicle in Michigan.
c)
This vehicle was subsequently "flagged" by police to receive an inspection upon crossing from Michigan to Windsor.
d)
On May 15th 2013 the motor vehicle with licence plate arrived at the Michigan/VI/indsor border. This vehicle was immediately sent for
inspection. Four firearms and a GPS were located in the vehicle. (seizure report #4521-13-0251) Named Person & Line: Session Number: Date and Time: Direction:
57.
Lamar PORTER, 1160 May 141h 2013, 11:1 Incoming from
Lamar PORTER received a call from a male using Lamar ling r a second. PORTER told him he just spoke with Tammy and she's ju The male asked if she was just chilling still , and that he could see where she was chill ing at. a)
In a previous session 1144 at 10:52pm the phone associated to Lamar PORTER received a text from the user of ich read "Wut tammy sayn and u gne need stik to open Iii gap n i)
I believe Lamar PORTER and the male have named one of the tracking devices 'Tammy '. I believe the male was checking in with Lamar PORTER who was monitoring the tracker and contraband.
ii)
I believe the text message is relation to the sender advising Lamar PORTER that a screw driver will be required to remove the firearms andGPS.
May 151h 2013 Named Person & Line: Session Number: Date and Time: Direction:
58 .
Lamar PORTER, 46 May 151h 2013, 3: Incoming from
POPE)
Lamar PORTER received a call from Jerry POPE who told him he's looking at every vehicle bumper to see who got that kind of bumper, kind of crib to put there. What might work , looking is a Pacifica, Chrysler Dakota. Lamar PORTER told him a jeep, anything that you can fit under. POPE said he needs a surplus bag , a black material. They discuss the previous one being in a bad spot, needing a tool and cutting it out. Lamar PORTER asked him if he's looking for one now and POPE replied that he was already there. They discussed how many hours Lamar PORTER had left and that the light was blinking blue, "it's probably waiting to text me".
a)
I believe Lamar PORTER and Jerry POPE were searching for a vehicle that has the capacity of concealing contraband and lor a tracker.
Named Person & Line: Session Number: Date and Time: Direction :
59 .
erry POPE)
Lamar PORTER received a call from Jerry POPE who told him he has two waiting out there. POPE mentioned having to go back for two and has the four, "I've got to sell these things over there". Lamar PORTER agreed and said "ya I have to give that negro that one shit, but damn that sh it was sitting so, the one shit got caught, and the other shit they still sitting under the red one but that shit is never ever ever ever there at night time . Day time only, and remember I told you that it doesn't even have the proper bottom so that shit hoping that shit still wedged in there . It might have fucking dropped out". POPE tells him he should go back and get it. Lamar PORTER said that Tracy (GPS) was not saying nothing . The discussed Tracy (GPS) not working , blinking fast like it has lost signal, until he gets close to downtown where it can pick up the signa l. The conversation ends with POPE telling Lamar PORTER that as soon as he makes a move he wou ld call him . a)
I believe Lamar PORTER and Jerry POPE were using tracking devices to conceal on under carriages of vehicles to smuggle contraband across the border.
Named Person & Line: Session Number: Date and Time: Direction:
60.
Lamar PORTER, 50 May 15th 2013, 4:29pm Incoming from
Lamar PORTER, 72 May 15th 2013, 10: Outgoing to
(Jerry POPE)
The text conversation was between the phone associated to Lamar PORTER and the phone associated to Jerry POPE. Yo ell me asap
a)
Session 73 outgoing at 10:38pm :
b)
Sessions 74, 75 at 10:38pm are missed calls between both numbers.
c)
Session 76 outgoing at 10:48pm :
Call me
d)
Session 82 incoming at 10:55pm : Carz pulld nat gate I thnk go ther am act like u go n to currency xchange look down ther I dnt thnk it was on no hot shit but its been n ther for a while
Named Person & Line: Session Number: Date and Time: Direction: 61.
May 15th 2013, 10:56pm Incoming from
Jerry POPE)
Lamar PORTER received a call from Jerry POPE who told him he thinks he saw the wh ip (car) pulled in at the gate. Lamar PORTER told him that it did and it's a wrap . Lamar PORTER told him he seen them watching and he took his battery out. "I seen that shit moved two or three times and I seen two or three cop cars leave that place". POPE told Lamar PORTER that he saw the vehicle as well 'right when he came through ' but it was just sitting there , parked , it was like nothings wrong . Lamar PORTER told POPE that it had been there for hours , moved from one section to the other. Lamar PORTER then tells him "can 't cry over spilt milk, you know what I'm saying you know". The conversation ends. a)
I believe this call indicates that Lamar PORTER and Jerry POPE are witnessing the vehicle with licence plate pulled over for a secondary inspection at the Windsor/Michigan border.
Named Person & Line: Session Number: Date and Time: Direction:
62.
Lamar PORTER,
84
Lamar PORTER,
86 May 15th 2013, Incoming from
POPE)
Lamar PORTER and Jerry POPE continue their conversation . Lamar PORTER said "I was worried because he text him the fool , I don't trust my other one, you know. Damn my sh its hot". 'The phone is one th ing trying to see us is another th ing . Here , it aint no joke". POPE asked "now what are we doing?" Lamar PORTER replied "we gotta keep it pushing , can 't cry over spil led milk that's what, that's one in how many you know what I'm saying , so it's whatever. Tomorrow Jet's link up early early early so we can check out Tam and shit, you know". The call ends due to poor reception .
a)
I believe Lamar PORTER and Jerry POPE were discussing the loss of the four firearms seized at the border. I believe they were in positions to observe the vehicle as it crossed the border but could not see the secondary examination conducted.
b)
I believe Lamar PORTER and Jerry POPE have successfully executed this plan numerous times as he referred to "that's one in how many"? I believe the seizure at the border on May 15th 2013 is not going to stop Lamar PORTER from importing firearms as he boldly stated "we gotta keep it pushing, can 't cry over spilled milk.
Border Seizure
63.
On May 15th 2013 Jason BECHARD , a Border Services Officer with Canada Border Services Agency (CBSA) was stationed at the Windsor/Detroit Tunnel (POE) , Windsor Ontario when he was involved with seizure #4521-13-0241 . Officer BECHARD authored a statement in relation to that seizure . I have read that statement and summarized it as follows: a)
On May 15th 2013 at 9:22pm Officer BECHARD was advised that a veh icle suspected of smuggling contraband (firearms) was being referred to secondary and that he was to attend .
b)
At 9:23pm Officer BECHARD approached the vehicle and verified it was the vehicle in question . He advised fellow officers S. FONTANA and A. DAVIES to take the occupant of the vehicle into the general office where he would not be in a position to observe the examination of the vehicle. Officer K. HARDY commenced examination of the vehicle with assistance from his K9 .
c)
At 9:31pm Officer BECHARD located a total offive (5) black socks all with knots tying them closed laying on top of a black plastic fascia directly below the front bumper and engine block. Officer BECHARD removed the items wh ile wearing black leather duty gloves. i)
Officer BECHARD first needed to remove three (3) screws from the bottom front of the bumper. These were removed with ease and not securely fastened .
ii)
He removed five (5) black socks after pulling the front portion of the fascia down . All items were seized and sealed CBSA evidence bags. Officer BECHARD noted the following : (1)
A black Ruger Model LCP, 380 calibre with magazine, unloaded .
(2)
A black and chrome Taurus Model PT945 , 45 calibre with a loaded magazine .
d)
(3)
A black KEL-TEC Model P-11 , 9 mm with a loaded magazine .
(4)
A black Sig Sauer Model P239, 9mm with magazine, unloaded .
(5)
A grey device "GPS QUECLINK" Model GL200, with blue battery pack.
The items were turned over to Windsor Police Service, Sergeant C. BALKWILL.
May 16th 2013 Named Person & Line: Session Number: Date and Time : Direction: 64 .
Lamar PORTER, 90 May 16th 2013, 8:44am
Incoming from
(Jerry POPE)
Lamar PORTER received a ca ll from Jerry POPE. POPE told him he needed to go to the WIND place to get a phone after dropping the kids off. Lamar PORTER gave him directions to the WIND store located right across from the Catholic Central High school , McDougall. Get to McDougall and Tecumseh , where the Burger King is, right across the street is a little small plaza on Tecumseh. Lamar PORTER told POPE to have fake address and birth date in his head for when they ask him for identification .
Surveillance of PORTER and POPE
65.
On May 16th 2013 Windsor Police Criminal Intelligence Unit attended the area of 321 Tecumseh Road East, Windsor. Jerry Jarome POPE , born February 3rd 1970, was observed park a GMC Yukon with Michigan State licence plate 321 Tecumseh Road East, Windsor, WIND mobile store. At 9:51am he was observed speaking on the telephone while still seated in his vehicle . As he finished his conversation , he was observed exit the vehicle and walk into the mobile store. At 10:1 5am Lamar PORTER was observed walking from the East and entering WIND mobile located at 321 Tecumseh Road East, Windsor. Both males exit the store together and Jerry POPE gets into the driver seat while Lamar PORTER enters the front passenger seat.
May 20th 2013 Named Person & Line: Session Number:
Lamar PORTER, 00980
Date and Time: Direction: 66.
May 20th Incoming,
The phone registered to Lamar PORTER received a text message from someone ng : "I 'm still stuck with that other. My $ using phone number is all tucked up. Can u get and I go back and forth . Or I can bring a zip out there if you can get me a whop for 18. " a)
The term "wop" is often used to refer to a drug sale.
b)
I believe this call indicates that Lamar PORTER is involved in trafficking narcotics.
May 21st 2013
Named Person & Line: Session Number: Date and Time: Direction: 67.
Lamar PORTER, 1151 May 21st 2013, 10:50am Incoming from
lmran MARAGH)
Lamar PORTER received a call from lmran MARAGH who asked him if he checked into that for his 'CHIN '. Lamar PORTER said he was on it, but it's hard because his guys are street guys, they don 't go to the store. But he might get his
cousin . lmran MARAGH asked Lamar PORTER if there was any regular. Lamar PORTER reminded him that something had happened and he hasn't even talked to him , he was to talk to him and get it rolling today. He checked with his lawyer about warrants . The conversation ends with lmran JUSt get on that (for CHIN). a)
I believe lmran MARAGH was asking Lamar PORTER to get a firearm for his friend 'CHIN' that is purchased from a store and not stolen.
Named Person & Line: Session Number: Date and Time: Direction:
68.
Lamar PORTER, 01237 May 21st 2013, 3:1 5 Incoming, ••
An unknown male called Lamar PORTER saying that he will have his money for him in twenty minutes. Lamar PORTER says okay, and he will come with another one. The unknown male asks him for a whole one this time. The male says "A couple of niggas called me, I'm gonna do it for them . If you want to give me half I don 't care if you want to give me a whole one it's up to you ." Lamar PORTER says "no worries, I got you a hundred percent. "
a)
I believe from the context of the conversation that the unknown male is calling Lamar PORTER to re-up, meaning to re supply his drugs to sell from Lamar PORTER. I believe the male has sold his previous quantity of drugs, has the money to give PORTER from those sales and is now looking for the next quantity to sell.
b)
I believe a whole one to mean an ounce of drugs.
Named Person & Line: Session Number: Date and Time: Direction :
69.
Lamar PORTER, 1443 May 21st 2013, 11:01 pm Incoming from
rry POPE)
The following text conversation took place between the phone associated to Lamar PORTER and the phone associated to Jerry POPE. Session 14431ncoming at 11 :01pm :
Yo gne b later tam hav to wate fob m to git off to drop kik kids cumn fosho
Session 1444 Incoming at 11 :02pm :
Tammy been hangn wit me she good actn strate behave n
Session 1445 Outgoing at 11 :18pm:
It'll be too late tonight. What bout early?
Session 1447 Incoming at 11:20pm :
Ok ok by bank when I drop kids
Session 1448 Incom ing at 11 :20pm :
After the betta
Session 1449 Outgoing at 11 :29pm :
Tmrw. Call any time
Session 1450 Outgoing at 11 :29pm :
Afternnoon good for u
Session 1451 Outgoing at 11:29pm :
?
Session 1452 Incoming at 11 :33pm :
ok
a)
I believe ''Tammy" is a reference to a GPS.
b)
1 believe these text messages indicate that POPE and PORTER continue to traffic firearms by use of GPS.
May 23rd 2013
Named Person & Line: Session Number:
Lamar PORTER, 1761
Date and Time: Direction:
70.
May 23rd 2013, 8:1 Incoming from
Lamar PORTER received a call from a male using who told him he just spoke with his main guy and said every two to three days he will pick up four to five pounds but wanted to pay twenty-six. Lamar PORTER replied "I can't give him for that. Twenty-nine and the only reason is because it's super fire, it's not like no average, it's super fire like purple master like you know all those super fire , so I can never do it for that price, only like twenty nine".
a)
I believe the male was looking to purchase pounds of marihuana from Lamar PORTER for $2600. Lamar PORTER told him he could only go as low as $2900 because his marihuana was of superior quality.
May 24th 2013
Named Person & Line: Session Number: Date and Time: Direction : 71 .
Lamar PORTER,
1962 May 24th 2013, 3:47pm Incoming from
lmran MARAGH)
Lamar PORTER received a call from lmran MARAGH asking him if he would be there tomorrow for sure , 100% tomorrow. Lamar PORTER told him he was waiting on a few people because he wanted to make sure everything's proper. They discussed the Pension cheques having come out today, Disability Monday and Welfare cheques on Tuesday. Lamar PORTER told him he would contact him in a couple of hours but he already knows that he will be com ing early. a)
I believe lmran MARAGH was awaiting contraband from Lamar PORTER to sell as soon as possible wanting to catch the customers cashing in their Government cheques.
May 26th 2013 Named Person & Line: Session Number: Date and Time: Direction: 72 .
Lamar PORTER,
2616 May 26th 2013, 3:47 Incoming from
Lamar PORTER received a call and spoke with an unknown male. The male is not happy that the "bitches" (guns) are at his place. The male said, "2, 4, 6" (Believed to be referring to jail sentence for each firearm) . The male advised that
this is his home and that his kids are there. The male advised that he is also not making any money for it. The male then talked about receiving "7 raw" and that he is still sitting on 6. (ounces of cocaine) . The male advised that he turned it into 12. (added a cutting agent and increased the volume) . The male advised that he was fronted the cocaine by someone and now they are "up his ass". The male advised that it costs a lot so he had to almost do a "fifty fifty" . (half coca ine half cutting agent) . The male advised that people don't like it but there's nothing he can do. The male advised that he wants the "things" out of his place. a)
I believe this call indicates that the male is in possession of 12 ounces of cocaine.
b)
I believe this call indicates that the male is in possession of three firearms.
c)
The term "bitch" and "thin gs" are often used to refer to firearms.
d)
I believe that this call indicates that he holding these firearms for PORTER.
e)
The unknown male was later identified as Jamie LARAMIE As a result of this information, on May 281h 2013 police executed a search warrant at his address at 1184 Langlois Avenue, Windsor and seized three firearms and a large quantity of cocaine. The firearms were identified as a Glock G27 pistol, a Kef Tee pistol and a Bersa pistol.
f)
The Glock pistol and Kef Tee pistol was offered for sale by Lamar PORTER. (see below session)
Named Person & Line: Session Number: Date and Time: Direction :
73 .
Lamar PORTER, 2633 May 26th 2013, 5:13pm Outgoing to
The phone associated to Lamar PORTER sent a text message to an unknown person that read, "G27 and kelt. 9oclock. Come now" a)
I believe "G27" to be referring to a Glock G27 pistol.
b)
I believe "kef t." to be referring to a Kef Tee pistol.
c)
I believe that Lamar PORTER is offering these firearms for sale.
i)
A Glock G27 pistol and a Kel Tee pistol were seized during the search warrant at 1184 Langlois Avenue, Windsor on May 281h 2013.
Named Person & Line: Session Number: Date and Time: Direction :
74 .
Lamar PORTER 2641 May 261h 2013, Incoming from -
(Magan OMAR)
Lamar PORTER received a call and spoke to Magan OMAR. OMAR said , "Whats the chances of Michael Jordan playing tomorrow? Is he going to be here tomorrow? PORTER said , "No, he won't be here tomorrow". OMAR said , "Whats the ticket though?" PORTER said , "one seven ". OMAR advised that he wanted to give PORTER the money today. a)
I believe this call indicates that Lamar PORTER is going to sell Magan OMAR a firearm for $1700.
b)
The term "Jordans" is often used to refer to firearms.
May 27th 2013
Named Person & Line: Session Number: Date and Time: Direction:
75.
Lamar PORTER, 2923 May 21'h 2013, 11 :50am Incoming from
(lmran MARAGH)
Lamar PORTER received a call from lmran MARAGH who said he has to scrape up the end of the month. lmran MARAGH told Lamar PORTER he was looking it over on the website. lmran MARAGH told him CHIN asked him to call him to see what's up , remember what you're supposed to handle for him . Lamar PORTER told him he did put the thing in but does not know how long it will take , not easy like that, sounds like a street thing . They discussed neither being able to drive. lmran MARAGH asked Lamar PORTER "what about your soldier?" and Lamar PORTER replied "no he's not even able to". lmran MARAGH continued to ask him "remember the first first first time you linked me?" Lamar PORTER asked "when , your girls' spot?" lmran MARAGH asked him if he had anything like that, and what the number was on it. Lamar PORTER told him "yup , one. Like 1-7". lmran MARAGH was going to call him back. a)
When PORTER refers to MARAGH's "girls spot" he is referring to the search warrant at 111 Upper Duke Crescent #502.
b)
MARAGH is advising that he is looking for a similar type of firearm from the last time.
c)
I believe PORTER is indicating that he had a firearm for $1700.
Named Person & Line: Session Number: Date and Time: Direction: 76.
3166 May 2ih 2013, 6:26pm Incoming from
(lmran MARAGH)
Lamar PORTER received a call from lmran MARAGH who told him "one of my boys , it sounds like they like what you told me this morning". lmran MARAGH asked if Lamar PORTER could see him in the H. Lamar PORTER told him "nope. I'm hot right now, I got a warrant". Lamar PORTER was going to contact his lawyer to confirm and then call lmran MARAGH back. a)
I believe lmran MARAGH was referring to the conversation from 11 :50am where Lamar PORTER mentioned having a firearm in his possession for sale for $1700. (Session 2923)
b)
I believe Lamar PORTER sold a firearm to lmran MARAGH and now has a similar one for sale once again, for $1700.
Named Person & Line: Session Number: Date and Time: Direction: 77.
Lamar PORTER,
Lamar PORTER,
3445 May 281h 2013, incoming from -
Sandra SAYEGH)
Lamar PORTER received a call from Sandra SAYEGH . Sandra SAYEGH was upset saying she had $2500 locked in the glove box last night and accused Lamar PORTER's friend of taking it. Sandra SAYEGH described the bundle as big bills , some fives and tens . Lamar PORTER was going to ask his friend. a)
b)
I believe this call indicates that Lamar PORTER and his friends utilize Sandra SAYEGH's vehicle . SAYEGH is known to drive a red Volvo with licence plate -
Named Person & Line: Session Number: Date and Time: Direction: 78 .
Sandra SAYEGH)
Lamar PORTER received a call from Sandra SAYEGH who was calling him because of problems with her cell phone. Sandra SAYEGH required her information so that she could call the phone company and get assistance with her cell phone issues. Lamar PORTER told her to look under his bottom drawer, take his bottom drawer out and the paper is there . There's only one drawer on the big dresser, not the one next to the bed but the tall one. Sandra SAYEGH asks if she cou ld throw out the other paper "you hot boy", that's all it takes , your stupid little slip ups and mistakes" as she tears up paper. Lamar PORTER told her the last two digits to her phone number are 8-0 . She says it's neither of the paperwork found . Lamar PORTER rem inds her they did it on line and she came up with the information . She used probably the same name she always uses, 1111 University, birthdate like January 1st 1988.
a)
I believe this call indicates that Sandra SAYEGH is aware of Lamar PORTER's criminal activities.
b)
I believe Sandra SAYEGH assists PORTER by throwing out documents with PORTER's identification.
c)
I believe this call indicates that Sandra SAYEGH has another cell phone with fictitious subscriber information .
Named Person & Line: Session Number: Date and Time: Direction: 79 .
Lamar PORTER, 3480 May 281h 2013, 2:37 Incoming from
Lamar PORTER 4198 May 29th Outgoing to - -Sandra SAYEGH)
Sandra said she is not happy with "white boy". Sandra said she is disappointed . Sandra said she'll talk to PORTER in person . Sandra said she is not feeling it, is not happy. SAYEGH doesn't want to talk to PORTER about it on the phone. SAYEGH said she has another plan and wants to go that way. PORTER said it's time for a change and he's slowing branch ing off himself. PORTER said everything will be good .
a)
I believe this call indicates that Sandra SAYEGH is aware of Lamar PORTER 's criminal activities.
Arrest of LAMAR PORTER 80.
On June 3rd 2013 I spoke with Detective Constable CHANT #7646 of the Firearms Investigative Unit in regards to the arrest of Lamar PORTER. Detective Constable CHANT advised me of the following . a)
On June 3rd 2013 police were conducting surveillance on Lamar PORTER.
b)
During the course of the surveillance police believed that PORTER and unknown persons had committed a robbery .
c)
Police followed a Nissan Altima and an Audi that were driving in tandem to the ISLEEP motel 2763 Howard Avenue, Windsor.
d)
The vehicles parked and the driver of the Nissan Altima exited the vehicle and began to key his police and the passenger approached , the driver of the Ni of the Nissan Altima both fled on foot but were apprehended a short d
e)
PORTER and a male identified as Sebastian AGUDELO-DUQUE were apprehended inside the Audi.
f)
Police located a sawed off shotgun in the passenger side foot well of the Nissan Altima .
g)
Police also located numerous stolen property that was obtained from a convenience store in the back seat of the vehicle .
h)
Police entered unit #10 for the purpose of securing the unit for safety reasons and for the purpose of preventing the destruction of evidence.
i)
There were no occupants in unit #1 0. However police observed a quantity of crack cocaine and shotgun shells on a television stand in the unit.
j)
Police are standing by awaiting the results of this warrant to search this premise.
k)
All parties have been transported to a police station to be processed .
I)
The victim of the armed robbery has since been identified .
ADDRESSES and VEHICLES 380 Pelissier Street #2203 (Lamar PORTER) 81 .
On June 3rd 2013 at 6:50am I spoke with Detective Sergeant DIDANIELI #1859 of the Firearms Investigative Unit in regards to Lamar PORTER's residence . I received the following information from Detective Sergeant DIDANIELI . a)
Upon Lamar PORTER's arrest police seized keys and a fob for a bu ilding .
b)
Through investigation and surveillance police bel ieved PORTER to live in the building at 380 Pelissier Street, Windsor.
c)
Police approached management at this location and presented them the keys and fob that was seized from Lamar PORTER.
d)
Management advised police that these keys and fob were for unit #2203 in this building .
e)
Management provided police with a had the names Sandra SAYEGH and i)
- •• I
TP
•
I
unit. The tenant list sted .
Police have intercepted numerous calls between Sandra SAYEGH and Lamar PORTER. Sandra SAYEGH is believed to be Lamar PORTER's girlfriend.
f)
Police entered this unit for the purpose of securing it from the removal or destruction of evidence . Police are standing by awaiting the results of this warrant.
g)
Sandra SAYEGH 's red Volvo is currently parked at this address.
VOLVO with licence plate BMEV7 44 82 .
On May 30th 2013 at 3:00pm I spoke with Detective Constable FRIGON #4571 of the Firearms Investigative Unit in regards to the red Volvo utilized by Lamar PORTER. I received the following information . a)
On May 28th 20 13 officers attended 380 Pelissier Street W indsor. Officers observed Lamar PORTER parked across the street from the bu ilding in th e Nissan Altima with licence plate -
b)
An unknown male arrived driving Sandra SAYEGH's vehicle , a red Volvo with licence plate BMEV 744 . The male parked in front of 380 Pelissier. Sandra SAYEGH was observed exiting 380 Pelissier and entering the red Volvo and driving away. The male that was driving the Volvo walked across the street to PORTER'S vehicle and the two drove away.
83.
Intercepts indicate that Sandra SAYEGH lives with Lamar PORTER and is aware of his participation in criminal activities .
84 .
An intercept indicates that Lamar PORTER and his friend utilize this vehicle .
85 .
This vehicle is currently parked at 380 Pelissier Street, Windsor.
2763 Howard Avenue #10, Windsor (ISLEEP MOTEL) 86 .
Prior to arresting Maher FALAH for robbery police observed him keying his way into this address.
87 .
FALAH fled and was apprehended a short distance away.
88 .
The vehicle in which the male was observed exiting contained stolen property and a sawed off shotgun.
89.
Police entered and secured unit #10 and observed a quantity of crack cocaine and shotgun shells on the television stand in the unit.
BACKGROUND OF PERSON Lamar PORTER (MTO- 2013.05.24)
90.
Lamar PORTER was born on
91 .
Lamar PORTER is before the courts for possession for the purpose of trafficking a controlled substance x 5, possession of ammunition while prohibited x 3, and possession of a controlled substance. (CPIC - 2013 .05 .24)
92 .
Lamar PORTER has the following crim inal convictions . a)
Assault with a weapon
b)
Theft under $5000
c)
Possession of property obtained by crime under $5000
d)
Assault with a weapon
e)
Possession of property obtained by crime over $5000
f)
Theft over $5000
g)
Possession of break in instruments
h)
Possession of property obtained by crime under $5000 x 2
i)
Theft under $5000
j)
Fail to comply with probation order
k)
Possession of property obtained by crime under $5000 x 2
I)
Driving while disqualified
m)
Possession of a schedule I substance for the purpose of trafficking
n)
Unlawfully in dwelling house
o)
Pointing a firearm
p)
Aggravated assault
q)
Possession of firearm or ammunition contrary to prohibition order
r)
Public mischief i)
Sandra SAYEGH (MTO- 2013.05.30)
93 .
Sandra SAYEGH was born on
94 .
Sandra SAYEGH is before the courts for possession of a controlled substance for the purpose of trafficking and possession of ammunition while prohibited .
95 .
Sandra SAYEGH has a criminal conviction for assault with a weapon .
SUMMARY OF GROUNDS Summary of Interceptions 96.
There are numerous summarized interceptions above for Lamar PORTER in relation to the offence listed in Appendix 'B'. The above interceptions are on ly a very small percentage of interceptions that I have documented .
97 .
There are numerous other interceptions that speak to Lamar PORTER and the offences listed in Appendix 'B' that have not been included in this application.
98.
The crimes that have been committed in Appendix 'B' are not isolated incidents . I base my grounds for belief upon the evidence that show that the offences listed in Appendix 'B' have happened over and over again .
99.
I am not aware of any interceptions that contradict information that Lamar PORTER is committing the offences listed in Appendix '8 '.
100.
From my experience I believe that a narcotics dealer, particularly a high volume narcotics dealer will replenish his/her supply of narcotics before the supply has completely diminished . Like any kind of product based business, they cannot operate with empty shelves.
101.
Unlike narcotics, items such as scales , packaging , and debt lists will not diminish and will be located in the home of an individual involved in the trafficking of narcotics. These items will provide further evidence toward the offence of possession for the purpose of trafficking a controlled substance.
102.
Cash proceeds of crime wi ll also be located in the home of an individual involved in trafficking narcotics . In my experience in narcotic investigations cash proceeds are kept to spend on the next supply of narcotics.
103.
Through reviewing thousands of interceptions I have learned that firearms traffickers will sell firearms but will also keep personal firearms. Many interceptions that I have reviewed indicate that personal firearms are purchased at times based on the look of the firearm . The interceptions lead me to believe that these personal firearms are kept with the owner and are not sold . I believe
that firearms can be mobile at times , however in my experience in firearm investigations I have also learned that personal firearms can be kept with the owner for years. I believe that firearms that are for sale are likely to be trafficked upon the owner find ing a purchaser for a reasonable price. I believe that personal firearms are different in a way that they are not obtained for the purpose of being mobile. An example of th is in Project Traveller is an intercept where a named party, Abdullahi HARUN indicated that his mother had located his firearm . I believe it would be reasonable to believe that a mother in this situation would take the firearm away and deliver it to the police . To the contrary, the interceptions indicate that Abdullahi HARUN remained in possession of his firearm despite his mother locating it. Despite HARUN's panicked response I believe this shows that HARUN had no real repercussions of being caught with his firearm and continued to store it in his premise but only in a better hidden area. Furthermore, HARUN indicated that he would never sell his firearm and referred to the firearm as his insurance. I believe this firearm that HARUN spoke of was his personal firearm . This firearm was later seized from HARUN's bedroom by way of a covert General Warrant for his residence . The date HARUN indicated that the firearm was found by his mother was April 81h 2013. The 51 firearm was seized in HARUN's bedroom more than a month later on May 21 2013. 104.
Similar to Abdulla hi HARUN, I believe that it is reasonable to believe that other parties involved in crim inal activities keep firearms also for insurance purposes. The interceptions and police investigations indicate that Lamar PORTER lives a high risk life style . In fact, during the course of Project Traveller named party Anthony SMITH was murdered and named party Mohammad KHATTAK was injured as a result of a brazen shooting . A person living a high risk lifestyle will keep personal firearms and they will not be mobile and the individual w ill always have the firearm .
105 .
Interceptions have indicated that at times purchasers of the firearms are very selective on the look of the firearm , the brand , and price . Interceptions have indicated that the price of firearms have been as high as $3000 . I believe that these firearms are considered an item of value and will not be discarded .
106.
1 believe it is the documented patterns of crimes committed by Lamar PORTER
indicate that the items in Appendix 'A' will be located in the places in paragraph 6.
107 .
I believe the information contained in the contact lists, outgoing and incoming phone call logs of the cellular phones will provide evidence in identifying associations between the parties of interest in this investigation . The search of the cellular phone will also associate the user of the phone to the phone number intercepted by police. I also believe that there is evidence contained in the cellular phones such as stored text messages , photographs, videos . voice notes, and other forms of stored data in relation to the offences named in Append ix '8 '. While examining cellular phones in a gang investigation called project Marvel , I located valuable evidence including videos and photographs of named parties in possession of narcotics and firearms. I also listened to several voice notes of named parties stored in cellu lar phones that are in relation to the possession and trafficking of firearms and narcotics. In this current investigation , Project Traveller I have also located similar numerous forms of evidence stored within the cellu lar phones of the named parties.
Lamar PORTER 108 .
Intercepts indicate that Lamar PORTER is involved in trafficking firearms and narcotics.
109.
Police have already seized numerous firearms that Lamar PORTER has trafficked .
11 0. An intercept indicates that Sandra SAYEGH assists PORTER in his criminal activities . An intercept and surveillance indicate that Lamar PORTER and his friend utilized SAYEGH's Volvo motor veh icle .
111 .
Police investigation and survei llance indicate that PORTER and SAYEGH reside at 380 Pelissier Street #2203 , Windsor.
CONCLUSION 11 2 .
I bel ieve the interception of private communications and police investigation provide reasonable grounds that the offences listed in Append ix '8' have been committed . I also believe they provide reasonable grounds for police to enter and search the places in paragraph 6 for the items listed in Append ix 'A'. The seized contraband and offence related property along with wiretap evidence will assist in the prosecution of Lamar PORTER.
DURATION 113.
If these Search Warrants are authorized , I request that it be authorized from the time it is signed until 9 pm .
REQUEST FOR A SEALING ORDER 114.
I believe, based on the information contained in th is Information , there is a need for prohibition of access to and disclosure of information in support of this Search Warrant. The Wiretap Application was , by operation of statute, similarly sealed from public view. As this new Search Warrant application is an investigative step in the same overall investigation , the integrity of the investigation requires that the materials in this application also be sealed . I am therefore asking for a Sealing Order in accordance with Section 487.3 of the Criminal Code.
SWORN BEFORE ME AT the City
.,.,..
of
'D( Ci'\\o
in the Province of
Sene.....
2013 .
Informant
ONT ARlO COURT OF JUSTICE (TORONTO REGION)
IN THE MATTER OF an Order for Search Warrants, pursuant to the provisions of the Criminal Code; AND IN THE MATTER OF an Application for a Sealing Order, pursuant to the provisions of the Criminal Code ;
WARRANT
Detective Constable TANABE #8252 Toronto Police Service Organized Crime Enforcement Major Project Section Phone: (416) 808-2550
Appendix 'C'
Project TRAVELLER Supplementary Report
Re ort Number: Subject:
007 Identity of male using following telephone numbers;
Subscriber:
Nickname: "L", "Lamar" Identified As ; Lamar Eric PORTER Date of Re ort: Officer: Information Received:
2013-04-16 D.C. Patrick PLUNKETT 7831
Investigation 1. On April 1Oth , 2013 I started the process of attempting to identify the unknown male using telephone number The unknown male using this number has been in contact with several persons of interest in the Project Traveller investigation . These persons include: Madina HASSAN , Ahmed FARAH , Ayanle OMAR, Erick BERCIAN and Siyadin ABDI. 2.
Through investigation I be lieve the same male has used the following three telephone numbers. Two of the numbers were used only to provide (text only) bank account information ; a)
(Wind Mobile) : Subscriber: (main phone)
i)
b)
On April 10th, 2013 Police Constable JEFFERY of the Windsor Police Service checked their records in relation to the above telephone number and subscriber information . Constable JEFFERY advised that they had no records for the telephone number. The address identified is an apartment building so without a unit number it is not ossible to rrow down the user. Onl one orn of in their records . (Telus) : Subscriber:
i)
This number has been used one day only (April 2"d. 2013) to send text messages. In one session (02676) bank account information was sent for the transfer of funds . (Paul SMITH-BONNICK,
ii)
The subscriber information name for this number is very vague . It is not possible to identify the user of this phone based on the subscriber name.
c)
Subscriber:
i)
This number was used one day only (April 8th, 2013) to send text es with bank account information . (Paul SMITH-BONNICK, (Session 02850 - 02855) .
ii)
The last text message sent from this number stated "Don 't hit this one back" (Session 02857) .
iii)
On April 11 th, 2013 Police Constable JEFFERY of the W indsor Police Service checked their records in relation to the above telephone number and subscriber information . The address was identified as the address of the Devonshire Mall, Windsor. There is ntified in their systems with the address . . -and date of birth of
3.
As all three of the above phones are subscribed in different names and addresses it was not possible to narrow down who the user of these devices was based on the subscriber information alone. I believe based on my experience that persons who obtain phones subscribed in different names or false names intentionally do this to conceal their identity from persons who may want to identify them , usually law enforcement.
4.
The intercepted communications and text messages indicate that the male using th is phone is supplying controlled substances , firearms and ammun ition to named targets.
5.
Intercepted communications indicate that the unknown male using telephone number (Subscriber: is using the nickname "L" and ". Further intercepts identify has also n referred to by the name the male as a wh ite male.
6.
I have included some of the intercepted communications below which I believe assist in the identification of the unknown male using the above identified telephone numbers and which speak to the traffickin g of controlled substances, ammunition and firearms. Named Person & Line : Session Number: Date and Time : Direction :
Ayanle OMAR, 00239 2013-03-19, 6:56pm Incoming from
An unknown male called Ayanle OMAR and they discuss the price for controlled substances. They discuss who certain persons are getting their controlled substances from . OMAR indicates that LIONEL gets it from LAMAR and OMAR gets it from a dread guy. OMAR states further that LIONEL tucks with a wh ite guy and he tucks with an adone (ph) with dreads. a)
I believe this call indicates that LAMAR is supplying controlled substances . I also believe this call identifies LAMAR as a white male.
Named Person & Line : Session Number: Date and Time: Direction:
Ayanle OMAR, 00680 Incoming from
Text Message : "Its L" b)
I believe this associates the nickname "L" to the user of the phone.
Named Person & Line: Session Number: Date and Time: Direction :
Ayanle OMAR, 00977 2013-03-21, 8:51 pm Outgoing to
Ayanle OMAR called the unknown male. OMAR referred to the unknown male as "L". Also, when OMAR was speaking with the unknown male he referred to the unknown male as "LAMAR". OMAR apologized to the unknown male. OMAR speaks about shaago (translated to "work", controlled substances) that went missing . OMAR said that his landlord found the "work". OMAR said that the landlord wanted him to come to a meeting to talk to him. OMAR said his landlord didn't have the youth number. OMAR didn 't think this youth would keep it solid as he is a school boy. OMAR asked if the unknown male was going to give him teeth (ammunition) when he checked him tomorrow. The unknown male said make sure it's for sure as he had to put his money up first. OMAR confirmed it's a bill for one, for 50. The unknown said yes . c)
I believe th is call associates the nickname "L" and the name "LAMAR" to the unknown male using telephone number I also believe that OMAR is arranging to purchase ammunition from the unknown male. OMAR confirms that it is a bill ($100) for 50 (50 rounds of ammun it ion/ a box). Further text messages below indicate the type Jordan 9s (9 mm) . OMAR then ask for the "h" ones wh ich I believe to be a reference to hollow point ammunition or a type of ammun ition. The unknown male quotes OMAR the price of $120 for 20 rounds of that type of ammun ition .
Named Person & Line: Session Number: Date and Time : Direction:
Ayanle OMAR, 00978 Outgoing to
Text Message : "Jordan 9s" d)
This is a reference to 9 mm ammun ition .
)
Named Person & Line: Session Number: Date and Time: Direction:
Ayanle OMAR, 00979 2013-03-21, 8:54 Incoming from
Text Message : "K" Named Person & Line: Session Number: Date and Time: Direction :
Ayanle OMAR, 00980 Outgoing to
Text Message : 'The h one tho famz" e)
I believe the "h" in this text message to be a possible reference to hollow point (hollow point is a type of ammunition) or the brand/type of ammunition .
Session 00981 Text Message : "If you can" Named Person & Line: Session Number: Date and Time: Direction:
Ayanle OMAR, 00984 2013-0_3-21 , lncommg from -
Text Message : "Those 120 and you only get 20" f)
7.
I believe this to be a reference to price and quantity. 20 rounds of ammunition for $120, compared to 50 rounds of ammunition for $100.
Further text messages between the unknown male and OMAR indicates that OMAR owed the unknown male money. I believe the below series of interceptions further identify the user of the lephone number as "LAMAR" and are consistent with OMAR owing this male money. Named Person & Line: Session Number: Date and Time: Direction :
Ayanle OMAR 03082 2013-03-27, 7:40 Incoming from
An unknown male called OMAR and asked him to text LAMAR'S number to him . OMAR said alright.
Named Person & Line: Session Number: Date and Time: Direction:
Ayanle OMAR
03093 Incoming from
An unknown male called OMAR and asked why he didn't send the number. OMAR it down this way and provided the telephone number verbally as
a)
I believe this confir th telephone number TP
Named Person & Line: Session Number: Date and Time: Direction:
•
·• ion between the name LAMAR and
Liban SIYAD
00323 2013-03-27, 8:31 Outgoing to
Liban SIYAD called an unknown male. The unknown male said he is in the crib hiding from TRAP (Ayanle OMAR) and TRAP is hiding from the whole city. SIYAD ask why? The unknown male said that TRAP owed the youth LAMAR money. SIYAD asked how much. The unknown male said 650. SlYAD asked why for some shaago (work). The unknown male sa id ya. b)
8.
I believe this is consistent with the text messages being sent between the unknown male using the telephone number and Ayanle OMAR about ng 1m money. ieve that this call also identifies that the money owed was for controlled substances. I believe based on this call that the unknown male using the telephone number is supplying control su Ayanle OMAR.
There are a series of text messages below that indicate that the (Kyle GREEN) telephone line is associated to the telephone line. I believe based on the sequence both telephone lines is the same person .
Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI,
02659 2013-04-02, 10:20 Outgoing to
Text Message : "Send ur ace" Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI,
02661 2013-04-02, Incoming from -
Text Message : "K one min" Named Person & Line: Session Number: Date and Time: Direction:
Siyadin ABDI,
02676 2013-04-02, 10:56
Text Message : "Paul smith-bonni Named Person & Line: Session Number: Date and Time: Direction :
Outgoing to
ABDI called unknown male. The unknown male asked if ABDI got the message. Phone breaks up. a)
9.
I believe this call was from the unknown male to ABO I to ensure that ABDI e with account information sent from the
IJill
After this call there are several calls and text messages to ABDI 'S line alternating between the phone and the hone. I believe this is further account information was received by ABDI. Named Person & Line: Session Number:
Siyadin ABDI,
02711
Date and Time: Direction :
2013-04-03, 12:15 am Outgoing to
Text Message : "Any word on the next ones" Named Person & Line : Session Number: Date and Time: Direction:
Siyadin ABDI, 02712 Incoming from
Text Message : "Not yet but they mine fore" Named Person & Line: Session Number: Date and Time: Direction:
Siyadin ABDI, 02713 2013-04-03, 12 6 Outgoing to TP
· II
Text Message : "Say no more" a)
I believe this series of text message is ABDI inquiring when the next shipment of firearms/controlled substances (next ones) are going to be received . The person using the ABDI phone responds with a text "Say no more" as he does not want to discuss the deal over the phone.
Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI, 03587 2013-04-08, 10:40 Incoming from
Text Message : "L ?" b)
I believe this to be the unknown male looking for LIONEL.
Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI, 03603 Outgoing to
Text Message : "Its his boy, should l tell him to call u"
c) 10.
ABO I responding that it is not LIONEL.
I believe the below series of calls associates the line to the unknown male using the Named Person & Line : Session Number: Date and Time: Direction:
Madina HASSAN, 02836 2013-04-08, 4:53 Outgoing to
Ahmed FARAH called the unknown male from Madina HASSAN'S telephone line. FARAH asked the unknown male if everything was bless. The unknown male indicated that he was working on it. FARAH said that he was going to try to throw some change on that. The unknown male said it was up to FARAH . FARAH asked how long it would be. The unknown male said whenever there were new ones, like a day or two . (Call got minimized) . End of call the unknown male said that he was going to send him the info then changed him mind saying that he would call him so he could write it down . a)
After th is call , the unknown male called the HASSAN line back with no line then made an answer (session 02 line with no answer outgoing call to the (session 02849 - 6:1
Named Person & Line: Session Number: Date and Time: Direction:
Madina HASSAN , 02850 2013-04-08, 6:1 Incoming from
Text Message : "Paul smith-bonnick" Named Person & Line: Session Number: Date and Time: Direction:
Madina HASSAN, 02851 2013-04-08, 6:1 : I II Incoming from TP
Text Message : "Paul smith-bonnick" 11 .
After these two text m outgoing call to the wh ich was not an
SAN line someone made an ine from the HASSAN line
Named Person & line: Session Number: Date and Time: Direction:
Madina HASSAN, 02853 2013-04-08, 6:1 • t II Incoming from TP
Text Message : "Named Person & Line: Session Number: Date and Time: Direction :
Madina HASSAN, 02854 2013-04-08, 6:19 Incoming from
Text Message : Named Person & Line : Session Number: Date and Time: Direction:
Madina HASSAN, 02855 2013-04-08, 6:19pm Incoming from
Text Message : "Cibc" Named Person & Line: Session Number: Date and Time: Direction:
Madina HASSAN, 02857 2013-04-08, 6:19pm Incoming from
Text Message : "Don 't hit this one back"
12.
text message is sent the unknown male us line made a call to Ayanle OMAR answered (session 06406-6:27 pm). Named Person & Line: Session Number: Date and Time: Direction :
Madina HASSAN, 02860 2013-04-08, 6:29pm Incoming from
The unknown male called the HASSAN line and asked for SLEEPY (Ahmed FARAH) . HASSAN said that he was not there but she got that. The unknown male said cool , cool I just wanted to double check. a)
text messages sent from the ine were sent by the unknown male also line. Putting the text messages sent from the lephone the following bank account information was identified as; Paul smith-bonnick, Cibc. This was the same account information as provided above. I believe that this account is being used to launder proceeds of crime.
13.
surround ABDI'S travel to Windsor to meet The following with the user of the phone line for the purchase of a firearm . ABDI was under the impression that he would be picking up more than one firearm however the arrangements did not go as planned. Named Person & Line: Session Number: Date and Time:
Siyadin ABDI,
Direction:
Outgoing to
3803
Siyadin ABDI called the unknown male using the line. ABDI said that he was on the Greyhound com1ng to theW (Windsor) . said have your phone I should be there at like 5 or 6 the latest, I want to be in and out, quick thing. The unknown male said that's cool and once it gets dark we will bump heads (meet up). a)
to Windsor to meet with the unknown male using ABDI is on his telephone number The unknown male does not want to meet with ABDI until it is dark out.
Named Person & Line: Session Number: Date and Time: Direction:
Siyadin ABDI, 03892 Outgoing to
Siyadin ABDI called the unknown male and asked what is happening that he arrived. The unknown male said that ABO I would have to give him till night time
for him to make the move. ABDI asked how long that would be . The unknown male said that he would have to wait until later. ABDI indicated that he didn't have a lot of places to wait. The unknown male said let me get off of the phone so that he could get on it. b)
I believe this indicates that ABDI is in Windsor ready to pick up from the unknown male . The unknown male again said that he would not deal with him until after dark.
Named Person & Line: Session Number: Date and Time: Direction:
Siyadin ABDI,
03902 Outgoing to
Siyadin ABDI called the unknown male back to get a time and said that he to be out of W indsor by 10. The unknown male said it wou ld be closer to 10, when it is dark. Named Person & Line: Session Number: Date and Time: Direction:
Siyadin ABDI , 03950 Outgoing to
Siyad in ABD I called the unknown male. The unknown male told ABDI to line his ride up, that he would be ready in 20 minutes. Named Person & Line : Session Number: Date and Time: Direction :
Siyadin ABDI, 03951 2013-04-09, 9:34 Incoming from
The unknown male called Siyadin ABDI to meet him at Forest Glade in 15 minutes . Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI
03959 Outgoing to
The unknown male gives further direction to ABDI to attend the Rack N Roll in a plaza. c)
A Google search identified the Rack N Roll as being located at 3087 Forest Glade Drive in Windsor. SiiilmitadO...V. Park ·
Rack N' Roll Club Directions
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Address: 3087 Forest Glade Dr, Windsor, ON NBR 1W6 Pho ne: (5'19) 979-0813
Named Person & Line : Session Number: Date and Time: Direction:
Siyadin ABDI,
03960 Outgoing to
Siyad in ABD I called the unknown male and advised that he was there . The unknown male told ABDI that he would meet him inside the location. Named Person & line: Session Number: Date and Time: Direction :
Siyadin ABDI,
03974 Outgoing to
(Mohamed SIAD)
Text Message : "Yo everything bless" 14.
I believe this message above is very significant as SIAD had arranged earlier in the day for a female to attend Windsor to transport an item back to Toronto. The female was going to be pa id by SIAD for that purpose. I have included those
calls later in this report. I believe the female transported the firearm back from Windsor which was purchased by ABDI from the unknown male using the line. Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI, 03982 2013-04-09, 10:43 pm Outgoing to ·
Text Message : "lm come 2mrr for them cod linj me fam , jud dnt showe my boy dnt lik being tied up for no reason tam " Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI , 03984 2013-04-09, 10:57 pm Incoming from
Text Message : "bless up" Session 03985 : Incoming Text Message : "Aiie fam " Session 03988 : Outgoing Text Message : "Nah" Session 03990 : Incoming Text Message : "He's still never came to u fam" Session 03992 : Outgoing Text Message :"He did only brought a one ting " Session 03993 : Outgoing Text Message : "This is tucked linoel is a piece of shit," Session 03995 : Incoming Text Message : "Did he say he was gonna bring more" Session 03998 : Incoming Text Message :"???" Session 03999 : Incoming Text Message : "Talk to me u goof man" Session 04000 : Incoming Text Message : "what did he say and why the fuck did u not call when your with him b" Session 04002 : Incoming Text Message : "Call me right now goof b"
Session 04003 : Outgoing Text Message : "The fucker told me to wait, wtf, i.com about to leave" Session 04004 : Outgoing Text Message : "Fuck u, I cant and his dissing u goof, fuck u" Session 04005 : Incoming Text Message : "I just talked to him" Session 04006 : Outgoing Text Message : "Thats ur boy call him , im gonna leave by 1230, fuck" Session 04007 : Incoming Text Message : "He said hold dat one sleep for the night and he's gonna give u 3 more" Session 04008 : Incoming Text Message : "Chill out fag " Session 04009 : Outgoing Text Message : "What he say" Session 04010 : Incoming Text Message : "Give me a number to call u from " Session 04012 : Incoming Text Message : "can u call me fuck b" Session 040 13 : Incoming Text Message : "Can 't text to long" Session 04014 : Outgoing Text Message : "Okay I will wait but fuck bro , his fucking wit men Session 04015 : Incoming Text Message : "No everything is good fam "
Named Person & Line: Session Number: Date and Time: Direction:
Siyadin ABDI, 04021 2013-04-09, 11:55 pm Outgoing to
Siyad in ABDI called the unknown male back and confirmed that it would not be happening tonight. ABDI indicates that his boy wants him to stay but he can 't and would have to return tomorrow. ABDI indicates that he did not trust his youth (to one that set the deal up). ABDI asked if the one he had is paid for and the unknown male confirmed it was . ABDI said ok this one is mine. The unknown
male said that he (the person who set the deal up) still owed him a bill ($100) . ABDI asked if the next one was coming tomorrow and clarified three. The unknown male said three maybe five . ABDI told the unknown male that if the unknown male tells him there are three tomorrow that he would come back tomorrow with the money for the three and ABDI would cut the other person out. The unknown male said that he would probably do a couple more things with him (the person who set the deal up - LIONEL) as he knows his change is tucked up so he is trying to help him out. 15.
During the day on April 91h , 2013 Mohamed SIAD arranged for a female to travel to Windsor and return the same day. The conversation clearly indicates that an item would be transported back from Windsor and the female would be paid for doing the trip. The following series of interceptions and text messages clearly indicate that a trip was made and an item was transported back by the female. You will note that as soon as ABDI completes the deal with the unknown male for the item (firearm) in Windsor at the Rack N Roll an outgoing text message is sent to SIAD from ABDI indicating that everything is good (session 03974) . I believe that SIAD and ABDI were working together to have the firearm brought back to Toronto from Windsor using the female as a courier. I note as well that on March 5 31 \ 2013 two members of the criminal organization drove five firearms back from Windsor and became involved in a chase which resulted in the seizure of three of the five firearms. The members of the organization believed they were under surveillance and did not want to risk transporting items themselves. Named Person & Line: Session Number: Date and Time: Direction:
Mohamed SIAD, 11418 2013-04-09, 2:26 Incoming from
Naimo WARSAME)
Naimo WARSAME called Mohamed SIAD. WARSAME said she was at school. SIAD asked what school and WARSAME said near Lawrence Square. SIAD said that he wanted to do something; he was coming back tonight if anything . WARSAME said oh my god no then . SIAD said no it's something sick. WARSAME asked what do you mean I'm coming back tonight. SIAD said I wanted to bring something , type of thing . WARSAME said come and we will talk about it. SIAD said it would be quick and SIAD would give her 4 billaz ($400) . WARSAME asked if they were coming back tonight. SIAD said yes tonight. a)
Coded conversation . SIAD switched to Somali when the details of the call became evidentiary. They agree to meet in person rather than talk over
the phone. SIAD paying WARSAME for the trip . Call indicates SIAD wants WARSAME to bring something back for him . Named Person & Line: Session Number: Date and Time: Direction:
Mohamed SIAD, 11433 2013-04-09, 2:54 Outgoing to
Naimo WARSAME)
SIAD indicated that he was there to pick Naimo WARSAME up . WARSAME told Mohamed SIAD to meet her by the Canadian Tire . b)
There is a Canadian Tire store at Lawrence Square Shopping Centre at Lawrence Avenue West and Allen Road , Toronto.
Named Person & Line: Session Number: Date and Time: Direction:
Mohamed SIAD, 11433 2013-04-10, 12:30 am Incoming from
(Naimo WARSAME)
Naimo WARSAME called Mohamed SIAD indicating that she is having issues with the bus. She complains about having to wait in London , Ontario for 4-5 hours to wait to catch the bus to Toronto. The bus WARSAME is getting on going to London arriving at around 3 am and then she had to sit and wait in London for another bus to Toronto which leaves at about 6:50 am . SIAD told her to get on the bus to London and he would try to make arrangements to get her. WARSAME said it cost her a bill just to get to London. SIAD said he would leave now and beat her to the LO (London , Ontario). c)
WARSAME upset that the arrangements for the bus back to Toronto are not what they agreed to. SIAD phone hitting off cell towers in Windsor, Ontario. Based on call I believe the fema le is travelling from Windsor to Toronto.
Named Person & Line: Session Number: Date and Time: Direction:
Mohamed SIAD, 11500 2013-04-10, 12:38 am Outgoing to
imo WARSAME)
Mohamed SIAD called Nairne WARSAME and asked if she was good and got on . WARSAME said yes . d)
WARSAME on the bus. , 11532, 11533 - 2013-04-10- 2:48am - Mohamed SIAD
line Text messages sent between Mohamed SIAD telephone line and line associated to Nairne WARSAME. WARSAME is wondering if SIAD left yet. SIAD sends a text "Never left yet jus getting the next three n cutting in the next hr max .. ". SIAD telephone was utilizing a cellular tower in London , Ontario. WARSAME is not pleased that SIAD did not pick her up and sends a text "tell homeboy to come pick if his shit drop me change and I'm done don't ask me for shit". e)
16.
Text message clearly indicate that WARSAME has agreed to transport an item . As the arrangements didn't go as planned she is short with SIAD in the text messages .
The following session identified the item purchased in Windsor by ABDI from the unknown male using the line. The item was a 5 shot firearm . Named Person & Line: Session Number: Date and Time: Direction :
Siyadin ABDI, 04090 2013-04-10, 4:03 Incoming from
Siyad in ABDI speaking with an unknown male. They discuss the trip last night and what ABDI obtained in Windsor. ABDI described the item as a bullshit 5 shooter. a)
17 .
I believe this call confirms the item obtained male using telephone number
a firearm .
On April 10th, 2013 I was able to identify one Paul SMITH-BONNICK through MTO MTO records identified a Paul Anthony SMITH-BONNICK born as having a valid class G2 Ontario driver's licence. The licence
18.
On April 11th, 2013 I received the following information from Detective Constable Becky SINGFIELD badge 8817 of the Toronto Police Service Financial Crimes Unit- Asset Forfeiture Unit; a)
SINGFIELD advised me that she contacted the CIBC bank and they provided her with the account holder information for the bank account that was provided through text messages. The account holder information was identified as;
b)
19.
Initially it appears as though the person associated to the bank account information was the likely user of this phone however not confirmed . I could not locate any information to associate SMITH-BONNICK to any of the subscriber information for the phones or the address identified in the bank account information . Also SMITH-BONNICK'S known alias did not match the name being used "L" and "LAMAR" by the person using the e line.
20 .
With the assistance of the Windsor Police Service I was able to identify Lamar Eric PORTER born I believe is the user of the telephone numbers identified at the beginning of this report.
21 .
I believe the user of these telephone line is Lamar PORTER for the following reasons; a)
Lamar PORTER'S name matches the name and nickname being used by lephone line. the person using the
b)
PORTER is associated to the address of 1652 Calderwood Avenue , Windsor. Th is is the address associated to the owner of the bank account which I believe is being used for proceeds of crime . Windsor Police occurrence 80#2012-77057 indicates that PORTER was arrested and search warrants were executed at several addresses associated to PORTER including 1652 Calderwood Avenue, Windsor. The report indicates that the address is ssociated to PORTER'S girlfriend Sandra SAYEGH born According to CPIC this still is SAYEGH address. POR was observed at th is location several times during surveillance leading up to this arrest in November 2012 .
c)
When PORTER was arrested in November 2012 he was driving a white MTO records Lincoln Navigator bearing Ontario licence red to a indicate that this vehicle dsor. reject an commun ons ind icate that Ayanle OMAR is associated to the RIO 's address as well. OMAR has been intercepted ordering cabs to the location (session 04385- 2013-04-02 , session 07548- 2013-0412, session 07668- 2013-04-13).
d)
W indsor Police occurrence 80#2012-66484 dated October 201h, 2012
association. Also identified as being present in th is occurrence was Lamar PORTER. Based on th is occurrence I believe that PORTER and OMAR would know each other. 22.
I believe based on the factors above that the unknown male supplying firearm , ammunition and controlled substances to members of the criminal organization is Lamar PORTER
Project TRAVELLER Supplementary Report L____
_______ _
_
______
_j
Lamar PORTER
prepaid telephone number) Subscriber:
I believe based on the intercepted communications below that Lamar PORTER has a new telephone number. The number identified was first intercepted on April 181h, 2013 . The number has had contact with telephone numbers SIAD and Erick BERCIAN . I note the revious r . . _ (Wind Mobile) : Subscriber: Windsor associated to Lamar PORTER was number subscribed to Canada . I was unable to locate the add an address of code to information provided for this telephone number is false .
I was able to locate indicated that postal I believe the address
I note that two previous phones associated to PORTER have used similar information as the subscriber information for this identified telephone number. : Subscriber: although spelle (Rogers) : Subscriber: W indsor -the use of the numbers
11:.
Windsor
I am aware of only one "Lamar" (lemars) in Windsor who was identified as an associate of Erick BERCIAN through intercepted commun ications. I am aware that Lemar is the way that BERCIAN has consistently spelled this name in text messages. Named Person & Line: Session Number: Date and Time: Direction:
Erick BERCIAN,
03790 2013-04-22, 9:13 Outgoing to
Text Message : "Text me lemars new number" Named Person & Line: Session Number: Date and Time: Direction :
Text Message :
Erick BERCIAN,
03791 2013-04-22, 9:14 Incoming from
IN THE MATTER OF an application received by the Court on January 11, 2013 for authorizations under sections 492.1, 492.2, 487.2 and 487.3 ofthe Criminal Code.
ENDORSEMENT The Information to obtain originally .s ubmitted on January 11th, 2013 was undated. The jurat refers only to "January 2013." On January 16th, 2013, through the judicial secretary, the applicant was asked to provide a properly sworn Information to obtain. That was done. The Information to obtain was, in all other respects, identical to the one originally submitted.
The application is granted, subject to the amendments noted on the face of the Warrant and Order. Those amendments are made for the following reasons:
(1)
Removal of any vehicle for the purpose of installing devices ''needed to intercept communications in those vehicles" is not permitted. Removal is limited to the installation, maintenance and removal of tracking devices.
(2)
Any number recorder attached to a hotel or motel must only be in respect of the particular room for which there are reasonable grounds to believe that it is being occupied as a · residence by the named individual;
(3)
There is no basis to issue a tracking warrant for "cellular telephone lines."
Any further applications to a judge of this Court must comply with the protocol governing applications for such authorizations. More particularly, all application materials are to be reviewed by Crown counsel and an endorsement confirming such review must accompany the application. Further, an original and a second copy of the application materials must be submitted. If possible, an electronic copy of the Information to obtain should be submitted either on a CD/DVD or on a USB flash drive, which will be returned when the application is concluded. Crown counsel might consider providing advice to the applicant on drafting techniques, including proper sourcing, organi:nrtion and editing of the affidavit as well as the inclusion of effective summaries, charts, timelines and other devices designed to enhance the clarity of the application material (see Criminal Code (Re) [1997] OJ. No. 4393 (Gen. Div.))
Jtistice P. Downes Ontario Court of Justice
Date: January 17th, 2013
ONTARIO COURT OF JUSTICE (Toronto Region) CANADA PROVINCE OF ONTARIO TORONTO REGION
) ) ) ) ) ) )
THE HONOURABLE JUSTICE ,P • jbiAJNE$
) ) )
To DetCst Shingo TANABE, a pollee officer; and to Peace Officers in the City of Toronto and the Province of Ontario
1lfviUot\1
the
January, 2013
(f ""
of
IN THE MATTER OF Applications for a: Number Recorder Warrant pursuant to s. 492.2(1) of the Criminal Code; Production of Telephone Records Order, pursuant to s. 492.2(2) of Code; ·
the Criminal
Tracking Warrant, pursuant to Section 492.1 of the Criminal Code; Authorization for removal of tracking device after expiry of warrant pursuant to s. 492.1 (5) of the Criminal Code; related Assistance Order, pursuant to s.487 .02 of the Criminal Code; and, Sealing Order pursuant to s. 487.3 of the Criminal CodtJ.
WARRANT and ORDER UPON reading the Information on oath of Shingo TANABE, a Police Officer, for: a.
a Number Recorder Warrant pursuant to section 492.2(1) of the Criminal Cod9;
b.
an Order for the Production of Telephone Records pursuant to section 492.2(2) of the Criminal Code;
c.
a Tracking Warrant pursuant to Section 492.1 of the Criminal CodtJ;
d. e.
an Authorization for removal of tracking device after expiry of warrant pursuant · to section 492.1 (5) of the Criminal Code; a related Assistance Order pursuant to section 487.02 of the Criminal Code; and,
f.
a Sealing Order pursuant to Section 487.3 of the Criminal Code; AND UPON being satisfied that there are reasonable grounds to suspect
offences contrary to an Ad of Parliament have been or will be committed and that information that would assist in the investigation of these . listed offences will be obtained through the use of a Number Recorder Warrant, Tracking Warrant, and Production Order;
AND UPON being satisfied that the drcumstances exist to justify an Order for the Production of Telephone Records; ·
AND UPON being satisfied that the assistance of Bell Canada, Bell Mobility
Incorporated, Rogers Communications Incorporated, TELUS COMMUNICATION COMPANY, Globalive Wireless Management Corporation DBA Wind Mobile, Research In Motion (RIM), Talus landline, VJrgln Mobile Canada, Fido Solutions Incorporated, Data and
Enterprises Wireless Incorporated, Callnet
Technology Service Incorporated (Sprint Canada), Public Mobile Incorporated, and MTS Allstream Incorporated .(formerly known as AT&T or Allstream Incorporated) and other telephone companies operating in Canada may reasonably be considered to be required to give effect to the Number Recorder Warrant and Tracking Warrant; AND UPON reading the Information in support of these Warrants and Order
and being · satisfied that it would be in the best interests of the administration of Justice that disclosure of these Warrants and Order and the Information filed in· 2
support of these Warrants and Order should be prohibited as disclosure would · jeopardize the investigators' ability to complete the investigation and prejudice the interests of innocent persons and confidential sources and thereby subvert the ends of justice;
AND UPON being satisfied that the requirements of sections 492.2(1),
492.2(2), 492.1, 487.02 and 487.3 of the Criminal Code have been met; NUMBER RECORDER WARRANT (492.2(1))
rr IS ORDERED that Detedive Constable Shingo TANABE, a police officer, and peace officers in the City of Toronto and the Province of Ontario, including the Unit Commander of Intelligence DMsion, Detective Services of the Toronto Police and any peace officers acting in good faith in aid thereof, are hereby authorized to install, maintain, remove, monitor, or have monitored, Number Recorders in relation to the telephones and telephone lines, that are the subject of this Warrant and Order, and to execute the Production of Telephone Records Order contained in this Warrant and Order,
TRACKING WARRANT (492.1) IT IS FURTHER ORDERED that Detective Constable Shingo TANABE, a pollee officer, and peace officers in the City of Toronto and the Province of Ontario, including the Unit Commander of Intelligence Division, Detective Services of the Toronto Police Service, and any peace officers acting in good faith in aid thereof, are hereby authorized to install, maintain, remove and monitor, · or have monitored, tracking devices on the motor vehicles described in paragraph 3(b) · and on the mobile telephones in paragraph 3(a) (including a pre-existing tracking device) in or on· the said wireless telephone, for the purpose of obtaining 3
information that is relevant to the commission of the said offences, including the whereabouts of Mubarak RIRASH, Mohamed SIAD, Awaleh HASSAN, Manal FAHIYE, Abduikadir MOHAMUD, Jonathan CHAUDRY, Abdulkadir BIHI, Siyadln ABDI, Mohamed SALIM, Mustafa SAHAL, and Sagal ABDI while this Order is in effect to facilitate and supplement physical surveillance of persons. MOVEMENT OF VEHICLES
IT IS FURTHER ORDERED that peace officers be authorized to remove the vehicles described in paragraph 3(b) from the location in which they are found for
pu1pose
or
aggystie, iR
those
surreptitiously installing, n•aiutaiuiug aud 1eilloving rneehanieal or
Aeeeee te intercept
motgr vebiclea,
for the .purpose of installing,
maintaining and removing tracking devices, in accordance with the terms of the Tracking Warrant. This Order may be carried out during daytime or night time hours.
REMOVAL OF TRACKING DEVICES AFTER EXPIRY OF WARRANT
(492.1(5)) IT IS FURTHER ORDERED pursuant to section 492.1 (5) of the Criminal Code that peace officers may covertly remove tracking devices authorized in the Tracking Warrant, up until 60 days following the expiry of this Warrant.
PRODUCTION OF TELEPHONE RECORDS ORDER IT IS FURTHER ORDERED that Bell Canada, Bell Mobility Incorporated, Rogers Communications Incorporated, TELUS COMMUNICATION COMPANY, Globalive Wireless Management Corporation DBA Wind Mobile, Research in 4
Motion
(RIM),
Telus
Landline,
Virgin
Mobile
Canada,
Fldo
Solutions
Incorporated, Data and Audio-Visual Enterprises Wireless Incorporated, Callnet Technology Service Incorporated (Sprint Canada), Public Mobile Incorporated, and MTS Allstream Incorporated (formerly known as AT&T or Allstream Incorporated) and any person or body, including any company providing paging services and/or voice mail retrieval, that in relation to the telephones and telephone lines listed in the Number Recorder Warrant lawfully possess telephone records of telephone calls originated from, or received or intended to be received at the said telephones and telephone lines relating to the period of.operation of the Number Recorder Warrant, shall produCe copies of said telephone records, including toll information,
subsaiber
information
(including
non-published
subscriber
information), and including all cellular and mobile telephone remrds (including cell, cell tower, and sector location infonnatlon) to Detective Constable Shingo Tanabe #8252 and or his designate.
Assistance Order IT IS FURTHER ORDERED that Bell Canada, Bell Mobility Incorporated, ROgers Communications Incorporated, TELUS COMMUNICATION COMPANY, Globalive Wireless Management Corporation DBA Wind Mobile, Motion
(RIM),
Telus
Landline,
Virgin
Mobile
Canada,
Ado
in Solutions
Incorporated, Data and Audio-Visual Enterprises Wireless Incorporated, Callnet Technology Service Incorporated (Sprint Canada), Public Mobile Incorporated, and MTS Allstream Incorporated (formerly known as AT&T or All stream lnmrporated) provide all necessary assistance including fadlities, technical assistance and Call ·Line Identification and Customer Management Services, including Call Display, necessary to give effect to the Number Recorder Warrant and Tracking Warrant unobtrusively and with a minimum of Interference with the services that the telephone companies are providing to any of telephone lines and services referred to in this Warrant and Order. Further and without limiting the 5
foregoing, this assistance shall indude covertly activating any and all functions of the wireless telephone associated with wireless telephones described in paragraph 3(a) and take the steps required
to
allow for current geographical position
infonnation to be obtained from the wireless telephone.
OFFENCES 1.
The offences in respect of which a Number Recorder Warrant, a Tracking Warrant, an Order for the Production of Telephone Records and an Assistance Order have been granted, and for which there are reasonable grounds to believe have been or will be committed are: . a)
Conspiracy to Commit: Weapons Trafficking contrary to section 465 (1 )(c) of the Criminal Code
b)
Conspiracy to Commit: Traffic in a Controlled Substance contrary to section 465 (1 )(c) of the Criminal Code
NUMBER RECORDER WARRANT (492.2(1)) 2.
Number Recorders are hereby authorized for. a)
The telephones and telephone lines in relation to the following addresses: i)
910 Queens Plate Drive #920, Toronto (Mubarak RIRASH)
ii)
320 Dixon Road #416, Toronto (Mohamed SIAD)
iii)
320 Dixon Road #414, Toronto (Awaleh HASSAN)
iv)
102 Bergamot Avenue unit 'E', Toronto (Abdulkadir MOHAMUD)
v)
340 Dixon Road #105, Toronto (Jonathan CHAUDRY)
vi)
2067 Islington Avenue #104. Toronto (Abdulkadir BIHI) 6
vii)
and any telephone or telephone line at any place within Canada other than a place mentioned in section 186(2) of the Criminal
Code - which Is believed on reasonable grounds, at any time that the Number Recorder Warrant is valid, to ltof permanent or temporary, induding
resi,Otnce, whether 1"0'1
rental
accommodation of: Mubarak RIRASH Mohamed SIAD Awaleh HASSAN Matial FAHIYE Abdulkadir MOHAMUD Jonathan CHAUDRY Abdulkadir BIHI Siyadi.n ABDI Mohamed SALIM Mustafa SAHAL SagaiABDI b)
The following cellular telephone lines and cellular telephone devices in relation to: i)
647-856-9707 (Mubarak RIRASH)
ii)
647-801-5269 (Mohamed SIAD)
iii)
647-701-4042 (Mohamed SIAD)
iv)
647-762-2602 (Manal FAHIYE)
v)
416-580-0570 (Abdulkadir MOHAMUD)
vi)
647-457-4929 (Jonathan CHAUDRY)
vii)
647-782-8934 (Jonathan CHAUDRY) . 7
viii)
647-771-4068 (Abdulkadir BIHI)
ix)
647-200-2487 (Siyadin ABDI)
X)
647-854-1446 (Mohamed SALIM)
xi)
647-248-0655 (Mustafa SAHAL)
xii)
647-966-3581 (Sagal ABDI)
xiii)
and any cellular telephone which is believed on reasonable grounds, at any time that the Number Recorder Warrant is valid, to be resorted
to, used by, or carried on or about the person of: ·
Mubarak RIRASH Mohamed SIAD Awaleh HASSAN Manal FAHIYE Abdulkadir MOHAMUD Jonathan CHAUDRY Abdulkadir BIHI Siyadin ABDI Mohamed SALIIM Mustafa SAHAL SagaiABDI TRACKING WARRANT (492.1)
3.
Tracking Warrants are hereby a)
The following cellttla• IP'apl tat te II: :es a: at eellular telephone devices in relation to: i)
647-856-9707 (Mubarak RIRASH)
ii)
647-801-5269 (Mohamed SJAD)
iii)
647-701-4042 (Mohamed SIAD) 8
iv)
647-762-2602 (Manal FAHIYE)
v)
416-580..0570 (Abdulkadir MOHAMUD)
vi)
647-457-4929 (Jonathan CHAUDRY)
vii)
647-782-8934 (Jonathan CHAUDRY)
viii)
647-771-4068 (Abdulkadir BIHI)
ix)
647-200-2487 (Siyadin ABDI)
x)
647-854-1446 (Mohamed SALIM)
xi)
64 7-248-0655 (Mustafa SAHAL)
xii)
647-966-3581 (Sagal ABDI)
xiii)
and any cellular telephone which is believed on reasonable grounds, at any time that the Tracking Warrant is valid, to be resorted to, used by, or carried on or about the person of: Mubarak RIRASH Mohamed SIAD Awaleh HASSAN Manal FAHIYE Abdulkadlr MOHAMUD Jonathan CHAUDRY Abdulkadir BIHI Siyadin ABDI Mohamed SALIIM Mustafa SAHAL SagaiABDI
b)
The following motor vehicles: i)
A 2006 white Pontiac Grand Prix bearing Ontario licence plate BCDB 445 (used by Awaleh HASSAN) 9
ii)
A 2012 white Hyundai Elantra bearing Ontario licence plate BMNM 130. (used by Abdulkadir MOHAMUD)
iii)
A 2002 silver Honda Civic bearing Ontario licence plate AMMJ 157. · (used by Jonathan CHAUDRY)
iv)
A 2009 grey Toyota Camry bearing Ontario licence plate BKZV 770. (used by Siyadin ABDI)
· v)
A 1997 silver Honda bearing Ontario licence plate BNJB 352. (used by Mohamed SALIM)
vi)
Any other motor vehicle where there are reasonable grounds
to
believe at any time that the Tracking Warrant is valid, is being, or will be, resorted to, or used by: Mubarak RIRASH Mohamed SIAD Awaleh HASSAN Manal FAHIYE Abdulkadir MOHAMUD Jonathan CHAUDRY Abdulkadir BIHI Siyadln ABDI Mohamed SALIM Mustafa SAHAL SagaiABDI
10
Period of operation of Number Recorder Warrant and Tracking Warrant The Number Recorder Warrant and Tracking Warrant are valid from and including the
(r._,
day of January 2013, until and includi"'g the
f1""
of March 2013, a period
not exceeding sixty (60) days. PROVIDED HOWEVER, THAT AT NO TIME will any oral communications be intercepted.
Sealing Order IT IS FURTHER ORDERED that the Information in support of this Warrant and Order and the Court copy of this Warrant and Order shall be placed in a sealed packet and stored in a secure place in the Court Registry and not .be disclosed except by Order of a Judge of a Court of competent jurisdiction.
/&-
A Justice of the Ontario Court of Justice p..J>ov.a,... .s.
e
11
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