United States District Court, D. Maine
RECOMMENDED DECISION ON DEFENDANT'S MOTION TO
C. NIVISON U.S. MAGISTRATE JUDGE
one-count indictment, Defendant is charged with possession of
material containing child pornography. (Indictment, ECF No.
1.) The matter is before the Court on Defendant's motion
to suppress. (Motion, ECF No. 39.) Through the motion,
Defendant seeks to exclude evidence obtained during a search
of Defendant's two laptop computers and cell phone.
Defendant also asks the Court to exclude certain statements
Defendant made to law enforcement officials at the time of
a review of the record evidence, and after consideration of
the parties' arguments, I recommend the Court deny the
motion to suppress.
Findings of Fact
on the record evidence, I propose the Court find the
August 22, 2016, a state court judge approved a request for
the issuance of a warrant to search Defendant's residence
warrant authorized law enforcement officials to seize, among
other things, “computers and computer equipment”
and “cellular telephones belonging to
warrant also included the following authorization: “It
is further authorized that in the event that computers or
electronic data storage devices are in fact seized, they may
be examined by a trained forensic examiner from the Bangor
Police Department or any other State or federal law
enforcement agency qualified to do so, either at the place of
seizure or upon removal of the equipment to a forensic lab,
or both. This warrant further authorizes the making of a
duplicate ‘image' of any computer or electronic
data storage device that is seized pursuant to this warrant
for subsequent forensic examination.” 4. The state
court judge approved the search warrant after reviewing the
affidavit of Joshua Kuhn, a detective with the Bangor Police
his affidavit, Detective Kuhn recounted some of the
information he obtained during the investigation he conducted
following the report of the sexual assault of a nine-year-old
female, who was referred to in the affidavit as JV. The
information included JV's report of encounters with
Defendant that would constitute a reasonable basis to
conclude that Defendant sexually assaulted JV on multiple
occasions beginning in the middle of July 2016.
Detective Kuhn also asserted in his affidavit that JV
reported that during one of her encounters with Defendant,
Defendant showed her sexually explicit pictures and videos on
his cell phone, which pictures and videos included girls who
were the approximate age of JV (9 years).
Detective Kuhn also averred:
Persons who possess or disseminate child pornography
sometimes retain those images for a very long period of time
as part of a larger collection of child pornography. They
tend to keep the collection at home (and sometimes at their
workplace) so that they can privately access the collection
at their convenience, and the collected images are usually
stored in electronic data storage devices (such as hard
drives, floppy disks, zip disks, compact disks, digital video
disks, memory sticks, etc.) and accessed through use of
computers and computer equipment (such as monitor, keyboard,
compact disk drive, zip disk drive, USB drives etc.).
August 23, 2016, in accordance with the search warrant, law
enforcement officials searched Defendant's residence.
During the search, law enforcement officials confiscated two
laptop computers and a cell phone. A subsequent forensic
search of the computers and cell phone revealed child
Defendant was arrested on September 7, 2016, at approximately
3:00 p.m. on the sidewalk on the Franklin Street Bridge in
After his arrest, Defendant was not read his Miranda rights.
Defendant's wife, several detectives, and at least one
police officer were present during Defendant's arrest.
After the officers informed Defendant that he was under
arrest, the ...