United States v. Beal
Opinion
17‐442‐cr United States v. Beal
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 9th day of April, two thousand eighteen.
PRESENT: AMALYA L. KEARSE, GUIDO CALABRESI,
DENNY CHIN,
Circuit Judges.
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UNITED STATES OF AMERICA, Appellee,
v. 17‐442‐cr
DANIEL C. BEAL, Defendant‐Appellant.
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FOR APPELLEE: RAJIT S. DOSANJH, Assistant United States Attorney (Geoffrey J.L. Brown, Assistant United States Attorney, on the brief), for Grant C. Jaquith, United States
Attorney for the Northern District of New York, Syracuse, New York.
FOR DEFENDANT‐APPELLANT: BRUCE R. BRYAN, Syracuse, New York.
Appeal from the United States District Court for the Northern District of New York (Sannes, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Defendant‐appellant Daniel Beal appeals from a judgment, entered January 31, 2017, following his plea of guilty, convicting him of distribution, receipt, and possession of child pornography. He was sentenced principally to 84 monthsʹ imprisonment and 15 yearsʹ supervised release. As part of his plea agreement, Beal reserved his right to appeal a July 11, 2016, district court decision and order denying his motion to suppress electronic evidence and statements made to law enforcement officials, which decision he now challenges on appeal. We assume the partiesʹ familiarity with the underlying facts, procedural history, and issues on appeal.
On July 21, 2015, federal law enforcement officials obtained a warrant to search for evidence of child pornography files that were being shared from a computer traced to Dacobe Enterprises, LLC (ʺDacobeʺ), in Utica, New York. The warrant listed the property to be searched as ʺDacobe Enterprises LLC located at 325 Lafayette Street, Utica, NY described further in Attachment A.ʺ Sp. App. 23. Attachment A provided a
description of the premises and included a photograph of the exterior of the building. The face of the warrant referred to ʺAttachment B,ʺ which described the items to be seized as ʺ[i]tems evidencing violations of Title 18, United States Code, Sections 2252A (distributing, receiving, viewing or possessing child pornography),ʺ and specifically listed computers and computer equipment. Sp. App. 27. The bottom of the warrant contained the handwritten notation ʺAddendum attached,ʺ followed by what appears to be the initials of the issuing judge. Sp. App. 23. The Addendum explained procedures for the seizure and search of computers and other electronic media.
On July 29, 2015, agents executed the warrant at Dacobe. At the time, law enforcement officials had not yet identified the individual who downloaded and shared the child pornography. Upon entering the premises, the agents first spoke with Bealʹs business partner, who then notified Beal of the agentsʹ presence and the purpose of their visit. Beal then approached the agents ‐‐ who were sitting in a showroom ‐‐ and volunteered that they were looking for him.
The agents then began to interview Beal. At the outset, Beal told the agents that he had downloaded images and videos of child pornography using a peer‐ to‐peer software program called Ares. Beal also admitted that he brought a personal computer from his home that he used to download adult and child pornography, and stored pornographic videos on an external hard drive at his desk. The agents were dressed in plain clothes and carried weapons, but the weapons were not visible. The agents offered Beal bottled water, and asked him twice whether he wanted a bathroom
break. Beal was never told that he was not free to leave. Beal also told the agents that he was expecting his son to arrive at Dacobe, and wanted to check his phone to see if he had any messages. He was told he could not have his phone because it was likely being searched, but an agent offered to look for his son outside and tell him that Beal was in a meeting.
After approximately an hour and 45 minutes, the agents informed Beal that the interview would be moved across the street to the Utica Police Department. Beal was then arrested and read his Miranda rights.
On March 2, 2016, Beal was charged with distribution, receipt, and possession of child pornography. On April 11, 2016, Beal filed a motion to suppress the physical evidence seized from Dacobe and statements he made during his interview with law enforcement officials. The district court denied the motion on July 11, 2016.
Beal conditionally pleaded guilty on September 26, 2016. He was then sentenced as set forth above on January 26, 2017. This appeal timely followed.
On appeal from a district courtʹs ruling on a motion to suppress evidence, this Court reviews the district courtʹs legal conclusions de novo, and its findings of fact for clear error. United States v. Ganias, 824 F.3d 199, 208 (2d Cir. 2016) (en banc).1
1 The law is not clear as to whether we view the evidence in a light most favorable to the prevailing party on a motion to suppress. Compare United States v. Schaffer, 851 F.3d 166, 173 (2d Cir. 2017) (explaining that in reviewing the denial of a motion to suppress, we view ʺthe evidence in the light most favorable to the governmentʺ), with United States v. Bershchansky, 788 F.3d 102, 109 (2d Cir. 2015) (ʺWe think the better approach is to review the district courtʹs findings of fact for clear error without viewing the evidence in favor of either party.ʺ). We need not decide this issue, however, because we conclude that the district court properly denied the
Beal challenges the district courtʹs denial of the motion to suppress on two grounds: First, Beal argues that the search warrant at issue did not satisfy the Fourth Amendmentʹs particularity requirement because it did not list computers or electronic media in the section of the warrant identifying the place to be searched. Second, Beal argues that the statements he made to agents during his interview should be suppressed because he was in custody and did not receive Miranda warnings.
As to Bealʹs first argument, we are not persuaded. Beal cites no authority for the proposition that, to comport with the Fourth Amendmentʹs particularity requirement, a warrant must identify computers and electronic media as ʺplaces to be searched,ʺ as opposed to only items to be seized. In any event, we agree with the district court that the ʺsearches in this case [fell] within the particularized, authorized scope of the warrant, and thus did not violate the Fourth Amendment.ʺ Sp. App. 11. In its authorization as to ʺthe property to be seized,ʺ the warrant stated ʺSee Attachment B,ʺ App. 34; Attachment B stated that ʺ[t]he authorization includes the search of electronic dataʺ App. 35; see, e.g., Groh v. Ramirez, 540 U.S. 551, 557‐58 (2004) (explaining that courts may construe warrants with reference to supporting documents that are attached to the warrant and incorporated by reference). Additionally, by expressly authorizing the search of Dacobe and the seizure of electronic devices evidencing violations of 18 U.S.C. § 2252A, the warrant authorized the search of those items for
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