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. Jack

United States District Court, D. Maine

October 18, 2017

UNITED STATES OF AMERICA
v.
DAVID JACK, Defendant

          RECOMMENDED DECISION ON DEFENDANT'S MOTION TO SUPPRESS

          JOHN C. NIVISON U.S. MAGISTRATE JUDGE

         In a 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 his arrest.

         Following a review of the record evidence, and after consideration of the parties' arguments, I recommend the Court deny the motion to suppress.

         Proposed Findings of Fact

         Based on the record evidence, I propose the Court find the following facts:

         1. On August 22, 2016, a state court judge approved a request for the issuance of a warrant to search Defendant's residence and person.

         2. The warrant authorized law enforcement officials to seize, among other things, “computers and computer equipment” and “cellular telephones belonging to [Defendant].”

         3. The 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 Department.

         5. In 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.[1]

         6. 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).

         7. 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.).

         8. On 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 pornography material.

         9. Defendant was arrested on September 7, 2016, at approximately 3:00 p.m. on the sidewalk on the Franklin Street Bridge in Bangor, Maine.

         10. After his arrest, Defendant was not read his Miranda rights.

         11. Defendant's wife, several detectives, and at least one police officer were present during Defendant's arrest.

         12. After the officers informed Defendant that he was under arrest, the ...


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.