Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Carter

United States District Court, W.D. Kentucky, Paducah

August 22, 2019

UNITED STATES OF AMERICA, PLAINTIFF
v.
JEFFREY DESMOND CARTER, DEFENDANT

          MEMORANDUM OPINION AND ORDER

          Thomas B. Russell, Senior Judge

         This matter comes before the Court on Defendant Jeffrey Desmond Carter's Motion to Suppress, [R. 77]. The United States of America (“the Government”) responded, [R. 80], and Carter replied, [R. 81]. Counsel agreed that a hearing on the Motion to Suppress was not necessary. [R. 79]. Fully briefed, this matter is ripe for adjudication. For the reasons stated herein, Carter's Motion to Suppress, [R. 77], is DENIED.

         BACKGROUND

         On February 6 and 10 of 2015, three different search warrants issued, which are the subject of the Motion to Dismiss before the Court. On February 6, 2015, Detective Mike Robinson of the Murray Police Department presented an Affidavit for Search Warrant to Calloway County District Judge Randall Hutchens (hereinafter “the First Warrant”). [R. 77-2 at 2.] The affidavit requested a search warrant of “Facebook Attn: Legal Department” at 156 University Avenue Palo Alto, CA 94301.” The affidavit requested to search “[a]ny and all information including but not limited to IP address, messages, photos and videos sent to and from the facebook account ‘Adam Bryan' . . . .” In the affidavit, Detective Robinson stated that he received information from another officer at the Murray Police Department that “a 14 year old female juvenile had reported sending sexually explicit photos and video” to the Facebook page at issue by direct message. [R. 77-2 at 3.] After speaking with the other officer, Detective Robinson interviewed the juvenile and averred:

[S]he reported that in or around December 2014 she was contacted via direct message from http://www.facebook.com/adam.bryan.31. The juvenile reported that the message asked her if she was wanting to make some money and told her he would pay her if she would send sexually explicit pictures. The juvenile stated she agreed and sent approximately 10 digital photographs and a video. The juvenile reported the photos and video showing her naked breast and vagina.

[Id.] On February 6, 2015, Judge Hutchens issued a search warrant for “[a]ny and all information including but not limited to IP address, messages, photos and videos sent to and from the [F]acebook account ‘Adam Bryan' . . . .” [R. 77-2 at 4.] The search warrant was executed that same day. [Id. at 5.]

         On February 10, 2015, Detective Robinson presented another Affidavit for Search Warrant to Judge Hutchens, this time for “Murray Electric System” at “401 Olive St. Murray, Ky.” [R. 77-3 at 4 (hereinafter “the Second Warrant”).] The affidavit requested to search “[a]ny and all account information with IP address 72.14.108.33 including but not limited to name of account holder, address, date of birth and any other identifying information associated with the account.” [Id.] In the affidavit, Detective Robinson stated that he received information from another officer at the Murray Police Department that “a 14 year old female juvenile had reported sending sexually explicit photos and video to the Facebook page of an individual identifying their self as Adam Bryan.” [Id. at 5.] Detective Robinson also averred that he interviewed the juvenile on February 6, 2015:

[S]he reported that in or around December 2014 she was contacted via direct message from Adam Bryan the juvenile provided me with screen shots of some of the messages between the two. During the Investigation I was able to determine the facebook address of the suspect to be https://www.facebook.com/adam.bryan.31 by direct message. The juvenile reported that the message asked her if she was wanting to make some money and told her he would pay her if she would send sexually explicit pictures. The juvenile stated she agreed and sent approximately 10 digital photographs and a video. The juvenile reported the photos and video showed her naked breast and vagina.
After serving a search warrant on https://www.facebook.com/adam.bryan.31 and receiving and reviewing the response from [F]acebook I observed the subject was using multiple IP address[e]s Including 72.14.108.33 which I confirmed to be a local address from Murray Electric System. I also observed a private message between the reporting juvenile and the owner of the [F]acebook account. Multiple photos of the reporting juvenile with at least one of the photo showing the juvenile unclothed were also included in the messages.

[Id.] On February 10, 2015, Judge Hutchens issued a search warrant corresponding with the affidavit. [R. 77-3 at 2.] The search warrant was executed that same day. [Id. at 3.]

         Also occurring on February 10, 2015, Detective Robinson presented an Affidavit for Search Warrant to Judge Hutchens for personal property at a specific address on Miller Avenue in Murray, Kentucky, in two specified vehicles, and on the person of Jeffrey Carter. [R. 77-4 at 3 (hereinafter “the Third Warrant”).] The affidavit requested to search:

Computer Systems, [i]ncluding but not limited to system components, cellphones, [i]nput devices, output devices, data storage devices, data transmission devices, network and applications downloaded onto any device seized . . . and computer media; and other material relating to computer systems and the Internet including, but not limited to documentation, operating system software, application or access programs disks, manuals, books, brochures, or notes; and computer access codes, user names, log file, configurations files, and passwords; and any and all evidence related to ownership.

[R. 77-4 at 1.] In the affidavit, Detective Robinson provided the same information as in the Second Warrant, with a few additions. After describing the interview with the juvenile, Detective Robinson added: “The juvenile also stated she face timed with the person and stated the face time account was under jdcarter@icloud.com. A check of Kentucky driver's license showed a Jeffery D Carter residing at [redacted] Miller Avenue [i]n Murray, Kentucky.” [Id. at 4.] Furthermore, after recounting the search warrant served on the Facebook account, Detective Robinson added: “After obtaining the information from [F]acebook I obtained a search warrant for Murray Electric System for the IP address 72.14.108.33. Murray Electric System stated IP address 72.14.108.33 is currently in use by Jeffrey Carter at [redacted] Miller Avenue rear ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.