United States v. Lamarcus Thomas
Opinion
Detective Charles Coleman arrested LaMarcus Thomas on charges of aggravated sexual battery, and seized a cell phone from Thomas during a search incident to the arrest. After Coleman obtained a warrant to search the phone, authorities discovered sexually explicit images and videos involving children.
Charged with producing child pornography, Thomas moved to suppress that evidence, arguing that the affidavit submitted with Coleman's warrant application was insufficient to establish probable cause for the search. The district court agreed that the affidavit was deficient, but nevertheless denied Thomas's motion to suppress under the good faith exception to the exclusionary rule articulated in
United States v. Leon
,
We agree with the district court that the evidence obtained from Thomas's phone is admissible under Leon . Our precedents make clear that in assessing an officer's objective good faith in executing a search warrant, we may consider facts known to the officer, but inadvertently omitted from a warrant affidavit. And under all the circumstances presented here, Coleman had a reasonable basis to believe there existed probable cause to search Thomas's phone. Accordingly, we affirm the judgment of the district court.
I.
A.
In 2014, the police department in Winchester, Virginia received an anonymous tip that LaMarcus Thomas had sexually abused a minor. Detective Charles Coleman was assigned to investigate the allegations.
Coleman began his investigation by contacting the alleged victim's mother. During her conversation with Coleman, the mother accused Thomas-who knew her family through church and often acted as a caretaker for her children-of sexually assaulting two of her minor sons. The mother also claimed that since the alleged assault, Thomas had reached out to her several times over the phone, hoping to schedule further visits with her children.
Coleman arranged for the two boys to be interviewed, and observed the interviews from a separate room. Both boys stated that Thomas had put his hand inside their pajamas and fondled their genitals during a sleepover at a hotel. One of the boys also described Thomas's attempts to contact his mother through phone calls and text messages after the assault, in an effort to arrange further sleepovers.
Using a telephone number provided by the boys' mother, Coleman contacted Thomas and asked him to appear for an interview at the Winchester police station. Thomas agreed, and during his video-recorded interview with Coleman, he admitted to touching the boys' genitals.
Coleman filed a criminal complaint against Thomas, describing his investigation of the alleged assaults and requesting two warrants for Thomas's arrest. The complaint included the ages of the victims and identified October 11, 2014, as the estimated date of the assaults. Coleman arrived at that date by reviewing records from the hotel the boys identified as the site of their abuse, which indicated that Thomas had stayed there on September 16, 2014, and again on October 11, accompanied by two children.
On January 5, 2015, a magistrate issued two warrants for Thomas's arrest on charges of aggravated sexual battery of a minor. Coleman arrested Thomas on the same day, and during a search incident to the arrest, seized a cell phone from Thomas's pocket.
After consulting with state prosecutors, Coleman requested a warrant to search the phone and submitted an accompanying affidavit. The affidavit explained that Coleman had obtained two arrest warrants for Thomas on charges of aggravated sexual battery, based on an investigation in which Thomas had corroborated the allegations against him. It noted the date-January 5, 2015-on which the warrants had issued and Coleman had made the arrest, but it did not include the date on which the offenses were alleged to have occurred. With respect to the phone, specifically, Coleman averred that based on his training and experience, it is common for offenders like Thomas to keep "contact items" from victims-pictures, text messages, voicemails, and the like-on their cell phones. J.A. 208. The affidavit did not reference Thomas's use of a phone to contact the boys' mother after the assaults.
A magistrate issued a search warrant for the phone on the same day, January 13, 2015. After conducting a forensic analysis of the phone, state authorities discovered explicit images and videos of Thomas with two minors. Thomas eventually confessed to sexually abusing the minors and memorializing the abuse on his cell phone.
B.
On January 13, 2016, a federal grand jury in the Western District of Virginia charged Thomas with six counts of producing child pornography, in violation of
Following a hearing at which Coleman testified, the district court denied Thomas's motion to suppress. The court agreed with Thomas that the search warrant was unsupported by probable cause, finding that "while the affidavit contains sufficient facts supporting the aggravated sexual battery charge, it contains no facts linking that crime to" the subsequent search of Thomas's cell phone. J.A. 251. Nevertheless, the court held that the evidence found on Thomas's phone was admissible under
United States v. Leon
,
Thomas pled guilty to two counts of producing child pornography, reserving his right to appeal the district court's denial of his motion to suppress. The district court sentenced Thomas to 360 months of imprisonment, followed by a lifetime of supervised release, and Thomas timely appealed.
II.
Thomas's sole challenge on appeal is to the district court's denial of his motion to suppress. In considering the district court's suppression decision, we review legal determinations de novo and the court's underlying factual findings for clear error.
United States v. Guijon-Ortiz
,
The exclusionary rule ordinarily provides that "evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure."
United States v. Kimble
,
Thomas argues that this case falls squarely within that limit on Leon . According to Thomas, the affidavit submitted by Coleman in support of his search warrant application was so "lacking in indicia of probable cause" that Coleman could not reasonably have relied on the warrant in searching Thomas's phone. The government's primary response is that even if Coleman's affidavit was obviously deficient in establishing probable cause-a point the government does not concede-Coleman reasonably believed in the existence of probable cause based on his own knowledge of the investigation. And that is enough, the government argues, to establish that Coleman executed the search warrant with the objective good faith required by Leon .
Like the district court, we agree with the government. The central question in this case is whether, as the government urges, we can look beyond the four corners of the affidavit in applying
Leon
, and consider as well facts known to Coleman but omitted from the affidavit presented to the magistrate. And as the district court recognized, we already have answered precisely that question in the affirmative, holding in
McKenzie-Gude
that "
Leon
presents no barrier" to considering "uncontroverted facts" known to an officer but "inadvertently not presented to the magistrate" in assessing the officer's objective good faith.
In
McKenzie-Gude
, officers executed a residential search warrant that led to the seizure of weapons from a defendant's bedroom.
As we explained in
McKenzie-Gude
, that result is entirely consistent with
Leon
's "objective inquiry" into officer good faith.
Moreover, we reasoned, any other outcome would produce "anomalous result[s]."
McKenzie-Gude
,
The district court correctly applied McKenzie-Gude to the present case, considered both the affidavit and the facts known to Detective Coleman, and concluded that Coleman reasonably relied on the warrant to search Thomas's phone. Although the affidavit did not contain particularized facts establishing a nexus between the place to be searched-Thomas's phone-and the alleged sexual abuse, the court reasoned, Coleman knew that both the victims' mother and one of the victims had reported that Thomas used a phone in furtherance of his criminal conduct, calling the mother to attempt to arrange further interactions with her sons. And Coleman "reasonably could infer," the court continued, that the cell phone seized during Thomas's arrest was the same phone Thomas had used to contact the boys' mother. J.A. 244. Similarly, though Coleman's affidavit lacked any information about when the offenses and phone calls occurred, Coleman knew that Thomas had visited a hotel with his victims and tried to contact their mother less than five months prior to the search, resolving any staleness issues that otherwise might arise.
Thomas's principal argument in response to this straightforward analysis is that Coleman's omissions were not "inadvertent" within the meaning of McKenzie-Gude , in that there is no evidence that Coleman believed (albeit incorrectly) that he had included the relevant facts in his affidavit. 2 Instead, Thomas argues, Coleman intentionally omitted crucial facts from his affidavit pursuant to a police department policy, which Coleman described at the suppression hearing as one of limiting newspaper publicity by "put[ting] no more [probable cause] into the warrant [affidavit] than it takes to obtain the warrant." J.A. 74. And because the court's decision in McKenzie-Gude was conditioned on inadvertence, Thomas concludes, we should not go beyond the four corners of the affidavit here.
We disagree. Coleman's error in this case-assuming there was one-was inadvertent in precisely the same sense as the error in
McKenzie-Gude
: In neither case did the error result from the kind of deliberate or bad faith effort to mislead a magistrate that would render
Leon
's good faith exception inapplicable.
Cf.
Leon
,
To the extent Coleman's affidavit fell short, Coleman was not acting pursuant to that policy, and there is no other reason to think he was acting deliberately.
3
Rather,
any error appears to have resulted from a simple miscalculation by Coleman as to how much of what he knew he needed to include in his affidavit to show probable cause. That is not the kind of deliberate misconduct that the exclusionary rule was intended to deter.
See
Herring
,
In short, the district court properly considered facts known to Detective Coleman, but inadvertently omitted from his supporting affidavit, when it applied
Leon
in this case. Because Coleman "harbored an objectively reasonable belief in the existence of probable cause,"
Leon
,
III.
For the foregoing reasons, we affirm the judgment of the district court.
AFFIRMED.
In light of this holding, we need not consider whether the affidavit was deficient in establishing probable cause. We intend to cast no doubt on the district court's decision in this regard. Rather, by proceeding directly to the question of admissibility under
Leon
, we simply adopt the same analytical approach we have taken in similar cases in the past.
See, e.g.
,
United States v. Bynum
,
Thomas also argues briefly that unlike the fact omitted from the affidavit in McKenzie-Gude -the defendant's address-the information known to Coleman and considered by the district court was not "uncontroverted." But as Thomas concedes, it is indeed uncontroverted that at the time Coleman sought a search warrant and then executed the search, he knew "Thomas had called the victims' mother by phone and left her voicemail or text messages." Appellant's Br. at 23. Similarly, Thomas does not contest that Coleman knew, within a reasonably narrow window, the dates on which the abuse and subsequent calls occurred. This uncontroverted information, along with the information included in Coleman's affidavit, is enough to show an objectively reasonable belief in the existence of probable cause to search the phone seized when Thomas was arrested.
Indeed, it would be the rare circumstance in which an officer would have any incentive to deliberately withhold from a search warrant affidavit information known to him that he believes necessary to establish probable cause. Should an officer do so, the most likely outcome would be the denial of a search warrant, leaving the officer empty-handed; the best-case scenario would be the granting of a search warrant that could not withstand the almost inevitable Fourth Amendment challenge. This is not a case, in other words, in which we need be concerned that police officers will have some systemic incentive to avoid the "detached scrutiny of a neutral magistrate."
Leon
,
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. LaMarcus THOMAS, Defendant-Appellant.
- Cited By
- 35 cases
- Status
- Published