From: James McLynas

To: Paul Rozelle, Legal Counsel for the Pinellas County Sheriffs Office
Date: April 28, 2016
Dear Mr. Rozzelle,
Attached please find the Application for the Pen Register Court Order that the
Pinellas County Sheriff used to obtain the Order (also attached) from Judge R.
Timothy Peters from October 29, 2013 allegedly regarding the use of a Stingray
tracking device against me by the Pinellas County Sheriffs Office. As counsel for the
Pinellas County Sheriffs office and someone who fought hard to prevent the legally
required disclosure of these documents in my bogus criminal case I am sure you are
intimately familiar with these documents. I would cite the ACISS police report
number from these documents for you, however that has been illegally redacted
from the copies we received from the State Attorney that your office provided to
them.
Since you are counsel, an attorney and familiar with Stingray and the Pen Register
application process, I would ask that you answer a few questions for me in regards
to these documents on behalf of the Pinellas County Sheriff's Office. You could
consider this an anti-litem letter in that if there are legitimate answers to these
questions it may eliminate potential civil action if, by your answers, it turns out I am
wrong regarding the contents of these documents, or lack thereof. For the time
being I will refrain from asking questions regarding why there are numerous lies,
false statements and libelous statements about myself and the facts surrounding
my case made in a sworn affidavit by a Pinellas County Sheriffs deputy to a judge
and only focus on issues of law and constitutional rights.
QUESTIONS FOR COUNSEL OF THE PINELLAS SHERIFFS OFFICE MR. PAUL ROZZELLE
1.
From the content of this Application it is clear it is only asking the court to
require all phone companies to produce documents, records and information
relating to me and my phone usage to the Pinellas County Sheriffs office. If that is
not a factual statement, can you please point out the exact sections, sentences or
words where the document asks the court for permission for the Pinellas County
Sheriffs Office to use a Stingray (or any form of) real time tracking device against
me or informs the court that it intends to do so?
2.
From the content of this Application it is clear it is only asking the court to
require all phone companies to produce documents, records and information
relating to me to the Pinellas County Sheriffs office. If that is not a factual
statement, can you please point out the exact sections, sentences or words where
the document asks the court for permission to allow the Pinellas County Sheriffs
Office to conduct surveillance of any type or form inside my home or other locations
where there is an expectation of privacy and informs the court that it intends to do
so?

3.
From the content of this Application it is clear it is only asking the court to
require all phone companies to produce documents, records and information
relating to me to the Pinellas County Sheriffs office. If that is not a factual
statement, can you please point out the exact sections, sentences or words where
the document asks the court for permission to allow the Pinellas County Sheriffs
Office to intercept my phone calls, text messages, internet inquires and other
communications through my phone in real time or informs the court that it may
possibly do so?
4.
From the content of this Application it is clear it is only asking the court to
require all phone companies to produce documents, records and information
relating to me to the Pinellas County Sheriffs office. If that is not a factual
statement, can you please point out the exact sections, sentences or words where
the document asks the court for permission to allow the Pinellas County Sheriffs
Office to operate a form of tracking device on me for possibly a continuous 60 days
or informs the court that possibility exists?
5.
Since the Pinellas County Sheriffs Office employee Deputy Wroe both drafted
and requested the court order be signed by a judge on behalf of the Pinellas County
Sheriffs Office, can you please point out the exact sections, sentences or words
where the attached Order signed by Judge R Timothy Peters on October 29, 2013
provides the Pinellas County Sheriffs Office with court approval to use a Stingray (or
any form of) real time tracking device against me or my phone?
6.
Since the Pinellas County Sheriffs Office employee Deputy Wroe both drafted
and requested the court order be signed by a judge on behalf of the Pinellas County
Sheriffs Office, can you please point out the exact sections, sentences or words
where the attached Order signed by Judge R Timothy Peters on October 29, 2013
provides the Pinellas County Sheriffs Office with court approval to allow the Pinellas
County Sheriffs Office to conduct surveillance of any type or form inside my home
or other locations where there is an expectation of privacy?
7.
Since the Pinellas County Sheriffs Office employee Deputy Wroe both drafted
and requested the court order be signed by a judge on behalf of the Pinellas County
Sheriffs Office, can you please point out the exact sections, sentences or words
where the attached Order signed by Judge R Timothy Peters on October 29, 2013
provides the Pinellas County Sheriffs Office with court approval to allow the Pinellas
County Sheriffs Office to intercept my phone calls, text messages, internet inquires
and other communications through my phone in real time using the Stingray or
similar device?
8.
Since the Pinellas County Sheriffs Office employee Deputy Wroe both drafted
and requested the court order be signed by a judge on behalf of the Pinellas County
Sheriffs Office, can you please point out the exact sections, sentences or words
where the attached Order signed by Judge R Timothy Peters on October 29, 2013
provides the Pinellas County Sheriffs Office with court approval to allow the Pinellas
County Sheriffs Office to operate a form of tracking device on me for possibly a
continuous 60 days, seven days a week, 24 hours a day?

9.
As attorney for the Pinellas County Sheriffs Office, and by nature of your
profession and your chosen employer it would seem that you would be well versed
on Fourth Amendment rights. Can you please detail for me how or where the
attached Order signed by Judge R Timothy Peters on October 29, 2013 satisfies the
Pinellas County Sheriffs legal requirements to abide by the United States
Constitution and still allow the use by the Pinellas County Sheriffs Office of a
Stingray (or similar) tracking device to intercept my calls or track my location for
potentially 60 days 24 hours a day, seven days a week or surveille me inside my
home or other locations where there is an expectation of privacy?
If you are unable to provide answers to these questions, or refuse to provide
answers to these questions, then it will be understood and agreed by all parties that
the attached Application of October 29, 2013 signed by Judge R. Timothy Peters
does not asks the court for permission for the Pinellas County Sheriffs Office to use
a Stingray (or any form of) real time tracking device against me or informs the court
that it intends to, does not ask the court for permission to allow the Pinellas County
Sheriffs Office to conduct surveillance of any type or form inside my home or any
place else where there is a reasonable expectation of privacy or informs the court
that it intends to, does not asks the court for permission to allow the Pinellas
County Sheriffs Office to intercept my phone calls, text messages, internet inquires
and other communications through my phone in real time or informs the court that
this possibility exists with the Stingray device, does not asks the court for
permission to allow the Pinellas County Sheriffs Office to operate a form of tracking
device on me for possibly a continuous 60 days or informs the court that possibility
it may do so exists and that the Order of October 29, 2013 signed by Judge R.
Timothy Peters does not grant the Pinellas County Sheriffs Office, or anyone
working on their behalf, court approval to use a Stingray (or any form of) real time
tracking device against me or my phone, or court approval to allow the Pinellas
County Sheriffs Office to conduct surveillance of any type or form inside my home,
or court approval to allow the Pinellas County Sheriffs Office to intercept my phone
calls, text messages, internet inquires and other communications through my phone
in real time using the Stingray or similar device, or satisfies the Pinellas County
Sheriffs legal requirements to abide by the United States Constitution and still allow
the use by the Pinellas County Sheriffs Office to use a Stingray (or similar) tracking
device to intercept my calls or track my location for potentially 60 days 24 hours a
day, seven days a week or surveille me inside my home or other locations where
there is an expectation of privacy.
In a recent interview with WTSPs Avery Coffman, Pinellas County Sheriff Bob
Gualtieri says his department has never used Stingray without obtaining a court
order. "We do not use it unless we get a court order he said. But isnt that an
intentionally misleading statement because he cant use the Stingray device with
any efficiency if he does not first obtain the individual persons phone identifying
numbers from the phone company and isnt a court order seeking information from
the phone company the ONLY court order the Pinellas County Sheriff Robert Gualtieri
is specifically referring to having obtained? Without the information requested from
the phone company by the Pen Register Application the Stingray is useless, like

trying to use a phone book without having a name first. There is not a second
application for a court order or warrant requested by the Pinellas County Sheriffs
office to use the Stingray after they obtain what is commonly referred to as the Pen
Register order to get the information from the phone company is there? And if
there is, why havent you and the Pinellas County Sheriffs provided me with those
additional Stingray orders in accordance with the Florida Rules of Criminal Procedure
as required if they exist?
Sincerely
James McLynas
Candidate for Pinellas County Sheriff 2016