Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 1 of 22

AO 1 06 (Rev. 04/10) Application for a Search Warrant

X.Jmf,ted

States lDf,strilat Cou

for the
Westem District of New York

0a

312a8

In the Matter of the Search of

(Bri$Iy desuibe

the

proFtrty to

be

searclted ot identifi the pmttn by nonre and addras

Samsung Galaxy 53 cellular telephone, bearing serial number

Case

R21C9rvK3WP.

No. 15-MJ-

1Zl3

APPLICATION FOR A SEARCH WARRANT

a federal law enforcement officer or an attorney for the government, request a search warrant and
state under penalty of perjury that I have reason to believe that on the following person or property located in
the WeStgfn DiStfiCt Of NeW YOfk 1iaent11, the person or descrihe the property to be searched and give its location)',
A Samsung Gataxy 53 cellular telephone, beafing serial number R21C91YK3W?, as described in

I,

Attachment A.

The person or property to be searched, described above, is believed to conce dl

property to

he

?dentih,

rhe

pcrsor or ttesoibe ttrc

seized)',

Attachment B, Schedule of Items to be Seized, all of which are fruits, evidence and instrumentalities
of a violation of Title 18, United States Code, Section 23398,
.gee

The basis for search under Fed. R. Crim. P. al(c) is (check one or more/.
evidence of a crime;
conffaband, fruits of crime, or other items illegally possessed;
property designed for use, intended for use, or used in committing a crime;
a person to be arrested or a person who is unlawfully restrained.

x
a
a
!

The search is related to a violation of: Title 18, United States Code, Section 23398 (affempt to provide matefial
support and resources to a designated foreign terrorist organization).
The application is based on these facts'. See attached affidavit.
continued on the attached sheet.
days (give exact endingdate if more than 30 days:
Delayed notice of
requisted under 18 U.S.C. $ 3103a, the basis of which is set forth on the attached sheet'

a
tr

is

-)

FBI Special Agent Timothy J. Klapec

Printed name and title

Sworn to before me and signed in my presence.

December 31.2015

City and state: Rochester. New York

fncu'q

ti (tuit-

'

Judge\ signature

HONORABLE MARIAN W. PAYSON

United States Magistrate Judge
Printed name and Title

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 2 of 22

State of New

York

County of Monroe
City of Rochester

)
)

SS:

I, TIMOTHY J. KLAPEC, being duly sworn, depose and state the following:

I. INTRODUCTION AND AGENT BACKGROUND

1.

am a Special Agent with the Federal Bureau of lnvestigation (FBI), and have

served in this capacity for over 11 years.

I am currently

assigned to the Joint Terrorism Task Force

(JTTF), Buffalo Division, in Rochester, New York. At the JTTF,

I work with

a team of federal,

state, and local law enforcement agents and officers on investigations relating to domestic and

international terrorism. As a result of my training and experience,

am familiar with tactics,

methods, and techniques used by terrorist organizatrons and their members, and by individuals
seeking to

join or engage in acts on behalf of terrorist organizations. I have also conferred with other

FBI Special Agents who have expertise and experience in counterterrorism investigations and digital
evidence.

2.

I make this affidavit in support of an application under Rule 41 of the Federal

of Criminal Procedure for a search warrant authorizing the examination of property

Samsung cellular telephone seized during a terrorism investigation of

on December 30, 2015

Rules

- specifically a

EMANUEL L. LUTCHMAN

- which is currently in the possession of the FBI,

and the extraction from that

property of certain electronically stored information described in Attachment B.

3.

The information contained in this affidavit is based on, among other thingS, ffiY

personal participation

in the investigation of LUTCHMAN, information

provided by reliable

confidential human sources (CS-l and CS-2), online communications between the confidential
human sources and LUTCHMAN, consensual recordings of conversations between the confidential

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 3 of 22

human sources and LUTCHMAN,T discussions I have had with other members of the investigative
team, and my review of documentary evidence gathered during this investigation. At various points

in this

affidavit,

offer my interpretations of certain communications and statements of

LUTCHMAN in brackets or parentheses. These interpretations

definitions of certain Arabic words and phrases

of the investigatiotr, fry review of prior and

which include ffanslations or

are based on, among other things, my knowledge

subsequent communications and statements of

LUTCHMAN, and information from CS-l and CS-2. Additionally, it should be noted that any
direct quotations from the consensual recordings contained in this affidavit are based primarily on

my review of draft transcripts of the recordings and, therefore, ate preliminary. Because this
affidavit is submiued for the limited purpose of obtaining a search warrant, I have not included each
and every fact known to me concerning this investigation.

have set forth facts that I believe are

necessary to establish probable cause to search the above-referenced pfoperfy.

4.

Based on my training and experience, and the facts set forth in this affidavit, there is

probable cause to believe that

EMANUEL L. LUTCHMAN

has committed a violation

of

18

U'S.C.

$ 23398 (attempt to provide material support and resources to a designated foreign terrorist
organization). There is also probable cause to search the Samsung cellular telephone described in
Attachment

A for evidence of this crime, and contraband or fruits of this crime,

as described in

Attachment B.

tr. IDENTtrIICATION

5.

OF TIIE ELECTROMC DEVICE TO BE EXAMINED

The electronic device to be searched is a white Samsung Galaxy 53 cellular

telephone, bearingserial nurnber R21C91YK3WP (hereinafter "subject Telephone"). The Subject

Telephone is currently in the possession of the FBI in Rochester, New York. The requested search

Unless otherwise indicated, all of the telephone andface-to-face conversations summarizedin this affidavit
were recorded and those recordings were made with the consent of CS-1 and CS-2.

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 4 of 22

walrant would authorize the forensic examination of the Subject Telephone for the purpose of
identifuing elecffonically stored dataparticularly described in Attachment B.

III.

PROBABLE CAUSE

The Islamic State of Iraq and the Levant

6.

On October 15, 2004, the United States Secretary of State designated al-Qa'ida in

Iraq ("AQI"), then known as Jam'at al Tawhid wa'al-Jihad, as a Foreign Terrorist Organization

("FTO") under Section

219 of the Immigration and Nationality

Act and as a Specially Designated

Global Terrorist under section 1(b) of Executive Order 13224.

7.

On May t5,2014, the Secretary of State amended the designation of AQI as an

FTO under Section 2L9 of the Immigration and Nationality Act and as a Specially Designated
Global Terrorist entity under section 1(b) of Executive Order 13224 to add the alias Islamic State of

Iraq and the Levant (ISIL) as its primary name. The Secretary also added the following aliases to
the ISIL listing: the Islamic State of lraq and al-Sham (ISIS), the Islamic State of Iraq and Syria
(ISIS), ad-Dawla a1-Islamiyya fi al:kaq wa-sh-Sham, Daesh, Dawla al Islamiya, and Al-Furqan
Establishment for Media Production. Although the group has never called itself "Al-Qaeda in Iraq

(AQI)," this name has frequently been used to describe it through its history. To date, ISIL remains
a designated FTO. In an audio recording publicly released on June 29, 2014,ISIL announced a
formal change of its name to Islamic State (IS). On or about September 21, 2014,ISIL spokesman
Abu Muhammad al-Adnani called for attacks against citizens-military or civilian--of the countries
participating in the United States-led coalition against ISIL.
Subject of the Investigation

8.
resides

EMANUEL L. LUTCHMAN is a 25-year old United States citizen, who currently

in Rochester, New York. He is a self-professed Muslim convert with a criminal history

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 5 of 22

dating back to approximately 2006 (which includes a New York state conviction for Robbery 2'

from 2006, for which he served approximately 5 years in prison), as well as previous state Mental
Hygiene affests. As detailed below, LUTCHMAN has attempted to provide material support and
resources, namely, himself as personnel and services,
received direction from an overseas

to ISIL. LUTCHMAN, claiming to have

ISIL member, attempted to commit an armed attack against

civilian(s) at a restaurant/bar located in the Rochester area on New Year's Eve on behalf of ISIL
and in furtherance of his plan to join ISIL overseas.

LUTCHMAN's Support of ISIL and Use of Social Media

9.

Members of the investigative team have reviewed publicly-avarlable information

from two Facebook accounts

one

in the name of Emanuel Lutchman

100009408056661) and one in the name of Lamar Lutchman (Facebook User

(Facebook User ID

ID

100010675504214)

and a Google+ account in the name of Emanuel Lutchman.2 As of December 27,2015,the

Google+ account had a profile picture of an individual with the black flag used by ISIL with a group

of what

appear

to be ISIL members wearing camouflage and carrying firearms, and the words

"DAWLAT AL KHILAFAH ALISLAMIYAH," which is a reference to ISIL. As of November

2015, the profile picture for the Facebook account ending

in

4214 contained an insignia

with the

words, "I am a Muslim and I Support Islamic State," and the black flag used by ISIL. As of October

2015, the profile picture

LUTCHMAN

for the Facebook account ending in 6661 had a

and an image depicting a map of the Middle East

photograph of

with symbols of ISIL and the word

"Khilafah," which is a reference to ISIL. Information and posts on these accounts include, among

I believe the rwo Facebook accounts ending in 6661 and 4274 are used by LUTCHMAN due to the names
associared wirh those accounts (Lamar is LUTCHMAN's middle name) and the fact that photographs
displayed on those accounts include images of LUTCHMAN. In addition, I believe that the Google+ account
belongs to LUTCHMAN because of the name and the fact that LUTCHMAN told CS-l that he had set up a
2

Google+ account under his own name.

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 6 of 22

other things, expressions of support for ISIL, imagery relating to ISIL, and videos and digital
versions of documents relating to ISIL.

LUTCHMAN's Plot to Kill A Civilian

In

10.

November and December 2015, LUTCHMAN had several electronic and

telephonic communications with CS-1.3 In these communications, LUTCHMAN made numerous

statements expressing his strong support

of ISIL (which he frequently referred to as "dawla" or

"dawlatul," which are terms commonly used to refer to ISIL) and his desire to travel overseas to join

ISIL in Syria.

11.

In late December 2015, LUTCHMAN told CS-l that he had been in contact with an

Overseas Individual, who identified himself as an

ISIL member located in Syria. LUTCHMAN

forwarded to CS-1 screenshots of the text communications that he had with the Overseas Individual.

In

sum and substance, those screenshots contained the following information. On or about

December

25 and 26, 2015, LUTCHMAN communicated with the

identified himself as a "brother" with

was like in

ISIL. In those communications, LUTCHMAN

ISIL. The Overseas Individual

LUTCHMAN

expressed his hatred

Overseas Individual, who

described being

asked what

it

with ISIL as "a dteam come true."

for everything in America and his intention to make hijraa and

CS-l has been cooperating with the FBI for over a year, and has been paid approximately $19,784 as of
approximately December 2015. The information provided by CS-1 has been corroborated by the JTTF
through independent investigation, information provided by other law enforcement agencies, consensual
recordings of conversations bettveen CS-l and LUTCHMAN, screen shots of electronic communications
between CS-} and LUTCHMAN, and consensual recording of conversations berween CS-2 and
LUTCHMAN. The information provided by CS-l has been found to be accurate and reliable.
3

,,Hljra,, is an Arabic word that means migration or joumey. In the context of this case, LUTCHMAN
using the word "hijra" to refer to his migration to join ISIL in Syria.

-5-

is

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 7 of 22

leave America, which he referred

to

as the land of the

kuffar.s LUTCHMAN asked the Overseas

Individual what he should do if he cannot make hijra. The Overseas Individual stated that the
Syrian borders were currently closed, but should open in a few months, and asked

had someone to vouch for

if LUTCHMAN

him. The Overseas Individual then stated that, if LUTCHMAN did not

have someone within ISIL to vouch for him, then he

(LUTCHMAN) would have to prove himself

and prove that he was one of them. LUTCHMAN asked how he could prove himself and he
confirmed that he was one of them. The Overseas Individual responded, among other things, that

LUTCHMAN would have to pray regalarly, the Overseas Individual would have to get to know
LUTCHMAN, and LUTCHMAN would have to prove to ISIL that he (LUTCHMAN) supports

ISL. LUTCHMAN

stated that he was thinking a lot lately about "starting

to organtze [his] brothers

that [he] know[s] to do operation for the sake of Allaah." When the Overseas Individual asked what
was stopping

LUTCHMAN from undertaking such an operation, LUTCHMAN responded that

he

did not want to go back to prison. The Overseas Individual responded that LUTCHMAN can make
sure that he does not go back to prison, and told LUTCHMAN to calry around a weapon and
"something happens

kill them a11." LUTCHMAN

responded that he was arranging an operation

with a "brother." The Overseas Individual advised LUTCHMAN to write something before the
operation and give

it to another to post it for

the benefit of other Muslims and to announce

LUTCHMAN's bayah6 to ISIL. LUTCHMAN stated that he does not have the funds to obtain
weapons,

but such funds would be coming "real soon." The

Overseas Individual told

LUTCHMAN that all he has to do is plan an "operation" on New Year's or whenever

he

(LUTCHMAN) can, and kill "1000000s of kuffar." The Overseas Individual emphasized that
"Kuffar" is an Arabic word that means non-believer or infidel. It is a derogatory term used to refer to a
person who does not adhere to the tenets of Islam. In the context of this case, LUTCHMAN uses the word
"kuffar" to refer to Americans.
5

6 *Bayah" is an Arabic word that means an oath of allegiance to a leader. In the context of this case,
LUTCHMAN uses this word to refer to his oath of allegiance to ISIL and its leader, Abu Bakr al-Baghdadi'

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 8 of 22

LUTCHMAN is "behind enemy lines" and that he (LUTCHMAN) was the

closest person to their

most hated enemy (meaning the United States). The Overseas Individual told LUTCHMAN that
whatever he (LUTCHMAN) sends ISIL, they would keep it until the operation was completed and

then they would post

emphasized that

it (meaning publicize the attack on the Internet). The

LUTCHMAN

has the chance to do things that they

Overseas Individual

(ISIL) wish they could do and

that he (the Overseas Individual) would love to come to the United States to commit an operation.

LUTCHMAN ultimately told the

Overseas Individual that he

(LUTCHMAN) has a couple of

"brothers" that want to make hijra and plan for an operation. The Overseas Individual encouraged

LUTCHMAN to complete an operation and stated that,

if

the Syrian borders open and the

operation does not succeed, he (the Overseas Individual) would help LUTCHMAN and his
"brothers" make

hijra. The Overseas Individual told LUTCHMAN to show them (ISL) how

serious he is, stating, "New years [sic]

is here soon. Do operations and kill some kuffar."

LUTCHMAN told the Overseas Individual that he hates it in the United States, that he wants to
join the ranks of ISIL, and that he is ready to "give everything up" to be in Syria with ISIL. The
Overseas Individual told

12.

LUTCHMAN, "For now do wat u can over there."

On or about December 27,2015, LUTCHMAN sent a text message to another

confidential source (CS-3). Attached to the message was an audio recording of LUTCHMAN
swearing bayah to ISIL and its leader, Abu Bakr al-Baghdadi.

13.

In the morning on or about December 28,

the first time.7 During the meeting,

2015,

LUTCHMAN met with CS-2 for

LUTCHMAN mentioned that the

7 CS-2 began cooperating

Overseas Individual migrated

with the FBI in or about November 2013. As of December 2015, the FBI has paid
CS-2 a total of approximately $7,400 in exchange for his cooperation in an unrelated investigation. CS-2 has a
prior felony conviction for Attempted Criminal Sale of a Controlled Substance 3" from Monroe Counry Court
from 2003, for which he was sentenced to one (1) year in jail, and a prior misdemeanor conviction for
Criminal Possession of a Controlled Substance 7" from Rochester City Court from 2004. CS-2 continues to
cooperate with the FBI in anticipation of receiving additional monetary compensation. The information
provided by CS-2 has been corroborated by the JTTF through independent investigation, physical surveillance,

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 9 of 22

to ISIL (referring to ISIL as "Dawla"). LUTCHMAN confirmed that he was in contact with the
Overseas Individual and recounted some

of his communications with the Overseas Individual.

Specifically, LUTCHMAN stated that the Overseas Individual told him the borders (in Syria) are
closed, and that
possible

LUTCHMAN should "find the

out." LUTCHMAN

are closed, they (meaning

places where the most population, take as many as

stated that the Overseas Individual told him that, because the borders

LUTCHMAN and his associates) should conduct an operation on New

Year's and afterward it could help the process of them making hijra to ISIL. LUTCHMAN stated
that he had been communicating with another individual
was CS-3

- who, unbeknownst

to LUTCHMAN,

about the operation. According to LUTCHMAN, CS-3 was supposed to have all of the

information they needed

to

execute the plan because CS-3 has the necessary knowledge.s

LUTCHMAN also stated that his "real intention is to do an act, to get to hijra." LUTCHMAN
discussed

with CS-2 doing assassinations and using a pressure cooker bomb. LUTCHMAN

said

that he wanted to execute the plan so they could be "in and out," noting that they should make it
"quiet and simple" so they can go about doing what they need to do to make hijra. He also said

that, after the operation, "they're going to be hunting for us," meaning that law enforcement
authorities would be seeking to capture them. CS-2 asked LUTCHMAN if they would use a knife
in the event they could not use a pressure cooker bomb or firearm(s). LUTCHMAN responded that

he has a "brother" who has a machete. LUTCHMAN said, "that's what my plan, that's on my
public records, information provided by other law enforcement agencies, consensual recordings of
conversations between CS-2 and LUTCHMAN, and consensual recordings of conversations between CS-1
and LUTCHMAN. The information provided by CS-2 has been found to be accurate and reliable.

8 In the morning on or about December 29,2075, CS-3, acting

at the direction of the investigatiYe team,

informed LUTCHMAN that he (CS-3) would not be participating in the operation and

ceased

communications with LUTCHMAN. Later that day, LUTCHMAN exchanged text messages with CS-2 in
which he informed CS-2 that CS-3 would not be participating in the operation. LUTCHMAN also told CS-2,
"In a way I [LUTCHMAN] was thinking about stopping the operation cuz I was trusting [CS-3] and at the last
of our moment he decided to pull out." CS-2 responded that he would see LUTCHMAN later and told

LUTCHMAN not to let CS-3's backing out of the operation upset him. As detailed in this affrdavit,
LUTCHMAN continued to plan the operation after these communications with CS-2.

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 10 of 22

mind, that's all I been thinking about. 'Cause I'm getting amped up, to accept the fact that's what
gotta do, 'cause

want to make

hijra." LUTCHMAN

said that he hates this land (meaning the

United States) and that he wants to live under the caliphate. LUTCHMAN also said that "the
connection with Dawla [meaning ISIL] is akeady established. It's just that, we just gotta show our
allegiance. I'm ready to lose my family."

L4. In the evening on or about December

28, 2015, LUTCHMAN met with

CS-2.

During the meeting, LUTCHMAN indicated that he wanted to target a club/bar, suggesting that
they could sneak a bomb into the clab/bar and plant the bomb inside. LUTCHMAN proposed that
they kidnap a couple of people and kill them. LUTCHMAN stated that they would need to wear
masks during the operation so they would not get caught by law enforcement authorities, noting that
he had a "brother" who would sell the masks for $5.
a restaurant/bar

it

At

one point during the meeting, they drove by

in Rochester, New York. As they drove by that location, LUTCHMAN identified

as a potential target of the attack. LUTCHMAN said that he does not have any funds.

LUTCHMAN then said,

"I will take a life, I

don't have a problem with

that."

Ultimately,

LUTCHMAN stated that they would use knives during the attack, noting that he knew

someone

with a machete and that his wife has a dagger.

15.
CS-i.

On or about December 29,2015, LUTCHMAN had a telephone conversation with

During the conversation, LUTCHMAN discussed the fact that CS-3 pulled out of the

operation. Specifically, LUTCHMAN said that he was trying to get CS-3 to send money for the
operation. LUTCHMAN told CS-l that he was about to call his "friend" so they could go and pick
up the machete. CS-l stated that there were only two days until New Year's and LUTCHMAN
responded that they needed to get gloves, masks, and zip

ties. LUTCHMAN told

CS-1 that they

had already selected atarget location. LUTCHMAN also said that they needed the zip ties, which
are plastic hand restraints, in case they kidnap somebody.

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 11 of 22

16. In the evening on or about December 29, 20L5, LUTCHMAN met with CS-2.
During the meeting, LUTCHMAN and CS-2 went to a Walmart store on Hudson Avenue in
Rochester, New York, to purchase supplies for the operation. While there, they purchased 2 black

ski masks, zip-ties, 2 knives, a machete, duct tape, ammonia and latex gloves.e Due to the fact that

LUTCHMAN did not have any funds with him at the store,

CS-2 paid approximately $40 for these

items. Later, LUTCHMAN and CS-2 discussed the operation. LUTCHMAN stated, "It's going to
get real after

this. It's just you, me and the Lord. We gotta do this, we gotta do this precise."

LUTCHMAN stated that, "Tf we grab somebody, they can't live. They may identify the vehicle.
They can't

live."

LUTCHMAN confirmed that the target of the operation would be

the

restavrant/bar that he had previously identified and discussed in general terms how they would
select and abduct a

victim. LUTCHMAN stated, "The operation is a go. We just gotta do it man.

We got the knives, we got the gloves, we got the ammonia, so whatever the case may be."
LUTCHMAN and CS-2 also discussed making a video before the operation, in which they would
explain their rationale for the attack (to take the offensive against the kuffar) and swear bayah to the
leader of ISIL, Abu Bakr al-Baghdadi. LUTCHMAN stated that he planned to release the video
after they complete the operation.

17.

On December 30, 2015, members of the Rochester JTTF arrested LUTCHMAN,

who was in a vehicle with CS-2 at the time. Prior to the arrest, LUTCHMAN made a video, which
was recorded on the Subject Telephone by CS-2. In the video,

LUTCHMAN swore bayah to ISIL

and its leader, Abu Bakr al-Baghdadi., and claimed responsibility for the planned attack in Rochester.

The arrest team seized the Subject Telephone from LUTCHMAN's person incident to the arrest.

Regarding the items purchased at Walmart, LUTCHMAN independently picked out the zip ties without
input from CS-2. CS-2 asked LUTCHMAN questions on other items to purchase based the conversation CS-2
had with LUTCHMAN on the evening of December 28,2015, during which LUTCHMAN identified some of
the items he wished to obtain for the attack. LUTCHMAN answered affrrmatively to CS-2's questions.
e

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 12 of 22

18.

After LUTCHMAN's affest, the investigative team obtained a search warrant from

this Court, under Magistrate's Number L5-MJ-4211, atthorizing the search of LUTCHMAN's
residence at 120 Fernwood Park, Rochester, New York.ro The search warrant authorrzedthe seizure

of the items purchased at Walmart by LUTCHMAN and CS-2 (including the machete, ski masks,

zip ties, duct tape, ammonia and latex gloves), and any mobile telephones and smart

phones.

During the search of the residence, the investigative team seized, among other things, the items
purchased

at Walmart and a cellular telephone. No other computers, cellular telephones or

electronic devices were found during the search.

19.

The Subject Telephone is currently in a secured evidence locker at the FBI offices in

Rochester, New

York.

Based on my personal knowledge,

I know that this device

has been stored in

a manner in which its contents are, to the extent material to this investigation, in substantially the
same condition as they were when the device first came into the possession of the

FBI on December

30, 2015.

Technical Terms

20.

Based on my training and experience,

use the following technical terms to convey

the following meanings:

r0

As detailed in the affidavit submitted in support of the search warrant for LUTCHMAN's residence,
physical surveillance of LUTCHMAN showed that he resided at 120 Fernwood Park. Specifically, on
December 28 and 29, 2075, CS-2 picked up and dropped off LUTCHMAN in the viciniry of 120 Fernwood
Park, before and after their meetings on those dates. After being dropped off by CS-2 late in the evening on
December 29, 2015, LUTCHMAN walked in the direction of 720 Fernwood Park carrying the items
LUTCHMAN and CS-2 had purchased at Walmart to use in the New Year's Eve attack. In addition, on
December 29, 2015, a JTTF surveillance team observed LUTCHMAN enter 120 Fernwood Park at
approximately 12:38 p.m., and later observed LUTCHMAN exit 120 Fernwood Park at 7:51 p.m. On
December 30, 2015, a member of the investigative team spoke with LUTCHMAN's significant other. She
described her relationship with LUTCHMAN as husband and wife, noting that they have a child in common.
She further stated that LUTCHMAN stays at 720 Fernwood Park periodically and that he was staying there
over the past week.

11

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 13 of 22

a.

Wireless telephone:

wireless telephone

(or mobile

telephone,

or

cellular

telephone) is a handheld wireless device used for voice and data communication through radio

signals. These telephones send signals through networks of transmitter/receivers,

communication with other wireless telephones or traditional "land line" telephones.

enabling
wireless

telephone usually contains a "call log," which records the telephone number, date, and time of calls

made to and from the phone. In addition to enabling voice communications, wireless telephones
offer a broad range of capabilities. These capabilities include: storing names and phone numbers in

electronic "address books;" sending, receiving, and storing text messages and e-mail; taking,
sending, receiving, and storing still photographs and moving video; storing and playing back audio

files; storing dates, appointments, and other information on personal calendars; and accessing and

downloading information from the Internet. Wireless telephones may also include global
positioning system ("GPS") technology for determining the location of the device.

b.

Digital camera: A digital camera is a camera that records pictures as digital picture

files, rather than by using photographic

storage media

camera

film. Digital cameras use a variety of fixed and removable

to store their recorded images. Images can usually be retrieved by connecting the

to a computer or by connecting the removable storage medium to a

separate reader.

Removable storage media include various types of flash memory cards or miniature hard drives.

Most digital cameras also include a screen for viewing the stored images. This storage media can
contain any digital data, including data unrelated to photographs or videos.

c.

Portable media player:

portable media player (or "MP3 Player" or iPod) is

handheld digital storage device designed primarily to store and play audio, video, or photographic

files. However, a portable media player can also store other digital data. Some portable

media

players can use removable storage media. Removable storage media include various types of flash

memory cards or miniature hard drives. This removable storage media can also store any digital

-t2-

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 14 of 22

data. Depending on the model, a portable media player may have the ability to store very large
amounts of electronic data and may offer additional features such as a calendar, contact list, clock,
or games.

d.

GPS: A GPS navigation device uses the Global Positioning

System

to display its

current location.

It often contains records the locations where it has been.

devices can give a

usff driving or walking directions to another location. These devices can contain

records of the addresses or locations involved

Some GPS navigation

in such navigation. The Global Positioning System

(generally abbreviated "GPS") consists of 24 NAVSTAR satellites orbiting the

Earth. Each satellite

contains an extremely accurate clock. Each satellite repeatedly transmits by radio a mathematical
representation of the current time, combined with a special sequence of numbers. These signals are
sent by radio, using specifications that are publicly available.

GPS antenna on Eanh can receive

those signals. When a GPS antenna receives signals from at least four satellites, a computer
connected

to that antenna can mathematically calculate the antenna's latitude, longitude,

and

sometimes altitude with a high level of precision.

e. PDA: A personal

digital assistant, or PDA, is a handheld electronic device used for

storing data (such as names, addresses, appointments or notes) and utilizing computer programs.
Some PDAs also function as wireless communication devices and are used to access the Internet and
send and receive e-mail. PDAs usually include a memory card or other removable storage media for

storing data and a keyboard and/or touch screen for entering data. Removable storage media
include various types of flash memory cards or miniature hard drives, This removable storage media

can store any digttal data. Most PDAs run computer software, giving them many of the same
capabilities as personal computers. For example, PDA users can work with word-processing
documents, spreadsheets, and presentations. PDAs may also include global positioning system

("GPS") technology for determining the location of the device.

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 15 of 22

f.

Tablet: A tablet is a mobile computer, typically targer than

a notebook, that is primarily

operated

a phone yet smaller than

by touching the screen. Tablets function as wireless

communication devices and can be used to access the Internet through cellular networks, 802.11

"wi-fi" networks, or otherwise. Tablets typically contain programs called apps, which, like
programs on a personal computer, perform different functions and save data associated with those

functions. Apps can, for example, permit accessing the Web, sending and receiving e-mail, and
participating in Internet social nefworks.

g. IP Address: An Internet

Protocol address (or simply "IP address") is a unique

numeric address used by computers on the Internet. An IP address is a series of four numbers, each

in the range 0-255, separated by periods (e.g., t21.56.97.178). Every computer attached to the
Internet computer must be assigned an IP address so that Internet traffic sent from and directed to

that computer may be directed properly from its source to its destination. Most Internet service
providers conffol a rurrge of IP addresses. Some computers have static-that is, long-term-IP
addresses, while other computers have

h.

dynamic-that is, frequently changed-IP

addresses.

Internet: The Internet is a global network of computers and other electronic devices

that communicate with each other. Due to the strucfure of the Internet, connections between
devices

on the Internet often cross state and international borders, even when the

devices

communicating with each other are in the same state.

21.

Based on my ffaining, experience, and research,

has capabilities that allow

it to

GPS navigation device, and

I know that the Subject Telephone

serve as a wireless telephone, digital cameta, portable media player,

PDA. In my training

and experience, examiningdata stored on devices

of this type can uncover, among other things, evidence that reveals or suggests who possessed or
used the device.

t4-

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 16 of 22

Elqctronic Storage and Forensic Analysis

22.

Based on my knowledge, training, and experience,

store information for long periods of

I know that electronic devices can

time. Similarly, things that have been viewed via the Internet

are typically stored for some period of time on the device. This information can sometimes be
recovered with forensics tools.

23.

Forensic evidence: As further described in Attachment B, this application

seeks

permission to locate not only electronically stored information that might serve as direct evidence of

the crimes described on the warrant, but also forensic evidence that establishes how the Subject
Telephone was used, the purpose of its use, who used it, and when it was used. There is probable
cause to believe that this forensic elecffonic evidence might be on the Subject Telephone because:

a.

Data on the storage medium can provide evidence of a file that was once on the

storage medium but has since been deleted

or edited, or of a deleted portion of a file (such as a

paragraphthat has been deleted from a word processing file).

b.

Forensic evidence on a device can also indicate who has used or controlled the

device. This "user attribution" evidence is analogous to the search for "indicia of occupancy" while
executing a search walTant at a residence.

c. A person with appropriate familiarity with how an electronic device works may, af\er
examining this forensic evidence in its proper context, be able to draw conclusions about how
electronic devices were used, the purpose of their use, who used them, and when they were used.

d.

The process of identiffing the exact electronically stored information on a storage

medium that are necessary

to draw an accvrate conclusion is a dynamic process. Electronic

evidence is not always data that can be merely reviewed by a review team and passed along to

investigators. Whether data stored on a computer is evidence may depend on other information

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 17 of 22

stored on the computer and the application

of knowledge about how a computff

behaves.

Therefore, contextual information necessary to understand other evidence also falls within the scope
of the waffant.

e.
used

Further, in finding evidence of how a device was used, the purpose of its use, who

it, and when it was used,

sometimes

it is necessary to establish that a particular thing is not

present on a storage medium.

f. I know that when an individual

uses an electronic device

to send communications

(such as text messages, e-mails, Telegram messages, Facebook messages)

to others relating

to

providing, attempting to provide, and conspiring to provide, material support to terrorist and/or a
designated foreign terrorist orgatization, the individual's electronic device

will generally

serve

as

both an instrumentality for committing the crime, and also as a storage medium for evidence of the

crime. The electronic device is an instrumentality of the crime because it is used

as a means

of

committing the criminal offense. The electronic device is also likely to be a storage medium for
evidence of the crime. From my training and experience, I believe that an electronic device used to

commit a crime of this type may contain: data that is evidence of how the electronic device was
used; records of Internet discussions and chats relating to the crime; data that was sent or received

from the electronic device; notes as to how the criminal conduct was perpetrated; and other records
that indicate the nature of the offense.

24.

Nature of examination: Based on the foregoing, and consistent with Rule 41(eX2XB)

of the Federal Rules of Criminal Procedure, the warrant I am applying for would permit

the

examination of the Subject Telephone consistent with the terms of the warrant. The examination
may require authorities to employ techniques, including but not limited to computer-assisted scans

of the entire medium, that might expose many parts of the device to human inspection in order to
determine whether it is evidence described by the warrant.

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Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 18 of 22

25.

Manner of execution: Because this warrant seeks only permission to examine

devices akeady in the possession of law enforcement authorities, the execution of this warrant does

not involve the physical intrusion onto a premises. Consequently, I submit there is reasonable cause
for the Court to authorize execution of the warrant at arry time in the day or night.

rV. CONCLUSION

26.
LUTCHMAN

Based on the foregoing, there is probable cause to believe that EMANUEL L.

has committed a violation

of

18 U.S.C. S 23398 (attempt

to provide material support

and resources to a designated foreign terrorist organization), and that evidence of that criminal

violation, as specifically described in Attachment B to this application, is presently located in the

Subject Telephone, as described in Attachment A to this application.

I therefore respectfully

request

that the Court issue a search warrant for the Subject Telephone, authorizing a search for the items
described in Attachment B.

Dated: Rochester, New York

December 3l ,2ols
Special Agent
Federal Bureau of Investigation
Joint Terrorism Task Force
Subscribed and sworn to before me
day of December, 2015.

this

ll

HONORABLE MARIAN W, PAYSON

United States Magistrate Judge
Western District of New York

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 19 of 22

ATTACHMENT A
Description of Property to be Searched

The electronic device to be searched is a white Samsung Galaxy 53 cellular telephone,

bearing serial number R2 1C91YK3WP.

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 20 of 22

ATTACHMENT B
Schedule of Items to be Seized

1.

A11 records

on the device described in Attachment A that relate to violations of

18

U.S.C. $ 23398 (attempt to provide material support and resources to a designated foreign terrorist
or ganrz ation), including

a.

Any records, content and information relating to communications of EMANUEL L.

LUTCHMAN and others involved in providing and attempting to provide material

support

(including, but not limited to personnel and services) to terrorists or designated foreign terrorist
organtzations (including but not limited to the Islamic State of Iraq and the Levant

Islamic State of Ir:aq and al-Sham a/k/a the Islamic State of Iraq and Syria

Islamiyya

fi

a/k/a

a/k/a the

ad-Dawla al-

al:kaq wa-sh-Sham a/k/a Daesh a/k/a Dawla al Islamiya a/k/a Al-Furqan

Establishment for Media Production (hereinafter "ISIL")), including but not limited to e-mails, text
messages,

and any messages sent or received through the Internet and/or mobile telephone

applications;

Any records, content and information relating to

b.

EMANUEL L. LUTCHMAN and the

Overseas Individual,

communications between

CS-l, CS-2, and CS-3 (as identified in

Criminal Complaint LSMJ-4212), including but not limited to e-mails, text messages, and any
messages sent or received through the Intemet

c.

and/or mobile telephone applications;

Any records, content, communications and information relating to plots to engage in

acts of violence and/or terrorism;

d.
overseas to

e.

Any records, content, communications and information relatrng to plans to travel

join

a designated foreign

terrorist organizatron (including ISIL);

Any records, content, communications and information relating to the acquisition of

weapons and other supplies used to commit acts of violence and/or terrorism (including masks,
hand restraints or zip ties, duct tape, ammonia and latex gloves);

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 21 of 22

f.

Documents, publications, literature, audio recordings, videos, photographs, and

other images relating to violent jihad, terrorist attacks, terrorist leaders, designated foreign terrorist
organizations organrzation (including but not limited

to ISIL), and groups involved in terrorist

activities;

g.

Personal telephone and address books and lists, photographs, videos, letters, cables,

telegrams, personal notes and other items reflecting names, addresses, telephone numbers,
communications and illegal activities of associates engaged in providing, attempting, ar.d conspiring
to provide material support to terrorists or designated foreign terrorist organizations;

h.

Names, addresses, telephone numbers, and social media account numbers for

individuals communicating with EMANUEL L. LUTCHMAN;

Any records, content, communication or information indicating that individuals

communicating with EMANUEL L. LUTCHMAN are members of, or are associated or affiliated

with, a designated foreign terrorist organrzation (including but not limited to ISIL), and/or

any

other group involved in terrorism or terrorist activity; and

j.

Any video recordings, audio

recordings

or

photographs

of EMANUEL L.

LUTCHMAN relating to his support for and allegiance to ISIL and its leader, Abu Bakr

al-

Baghdadi, including but not limited to the video recording made by LUTCHMAN immediately

prior to his arrest on December 30, 2015, and the recording that LUTCHMAN sent to CS-3 on or
about December

2.

27

,2015.

Records of Internet activity, including firewall logs, caches, browser history and

cookies, bookmarked or favorite web pages, search terms that the user entered into any Internet
search engine, and records of user-typed web addresses, relating

to violent jihad, terrorist attacks,

terrorist leaders, designated foreign terrorist organizations organization (including but not limited to

ISIL), and groups involved in terrorist activities.

Case 6:15-mj-04213-MWP Document 1 Filed 12/31/15 Page 22 of 22

As used above, the terms "records" and "information" include all of the foregoing items of
evidence in whatever form and by whatever means they may have been created or stored, including
any photographic form.