United States v. Butler

162 F. Supp. 3d 1183, 2016 U.S. Dist. LEXIS 21443, 2016 WL 715728
CourtDistrict Court, D. Utah
DecidedFebruary 22, 2016
DocketCase No. 2:15-CR-465-DB
StatusPublished

This text of 162 F. Supp. 3d 1183 (United States v. Butler) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Butler, 162 F. Supp. 3d 1183, 2016 U.S. Dist. LEXIS 21443, 2016 WL 715728 (D. Utah 2016).

Opinion

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO SUPPRESS

Dee Benson, United States District Judge

Before the Court is Defendant Marvin Butler’s (“Butler” or “Defendant”) Motion to Suppress. (Dkt. No. 28.) On December 8, 2015, the Court heard oral argument on Butler’s Motion. Steven Killpack represented Butler. Lake Dishman and Jared [1188]*1188Bennett represented the United States. At the conclusion of oral argument, the Court determined that the facts and circumstances of the case required an evidentiary hearing, as requested by Butler, and a site visit. The purpose of the site visit was to provide the Court with an understanding of the layout of the property where the alleged illegal search occurred.

On December 18, 2015, the Court, with the permission of Butler, visited the site of the alleged illegal search. During the site visit, Butler’s counsel, Steven Killpack was present. Additionally, Special Agents Jude Densley and James Mercier of the Environmental Protection Agency were present. Butler, through counsel, waived any right to be present during the site visit. Counsel for the government also waived their right to be present during the site visit.

On January 20, 2016, the Court conducted an evidentiary hearing on Butler’s Motion. Butler was present and represented by Steven Killpack. Jared Bennett represented the United States. Following the evidentiary hearing, the Court heard oral argument on the motion. At the conclusion of oral argument, the Court ordered a transcript and set a briefing schedule.1 After thorough review and consideration of the memoranda submitted by the parties, the testimony and evidence presented at the evidentiary hearing, and the oral argument presented by counsel, the Court renders the following Memorandum Decision and Order.

FINDINGS OF FACT

The Court finds the facts as follows.2 The alleged illegal search in this case involved the issuance of two search warrants to search the property known as 1819 South Main Street, Spanish Fork, Utah. 1819 South Main Street is occupied by a business, Almost Home Enterprises (“Almost Home”). Almost Home is in the portable toilet business and is operated by Margie Butler and the Defendant. (Gov. Ex. 13, p. 3, ¶ 12.) Additionally, Butler maintains a residence in the lower level of the building located at 1819 South Main Street. Almost Home and Butler’s residence are located adjacent to the Spanish Fork River.

1. The EPA Warrant

In 2014, law enforcement received reports concerning potential Clean Water Act violations by Almost Home. (See id. at p. 3.) Investigators received information that led them to believe Almost Home was dumping raw sewage into the Spanish Fork River. Specifically, witnesses had observed Butler dumping septic waste into the river. (Id. at p. 5, ¶ 21.) Witnesses also observed piping or hoses leading from the business to the river, discolorations of the river, and debris such as toilet paper along the bank and downstream from the business. (Id. at p. 3-5, ¶¶ 13, 21-23.) Furthermore, the Provo Water Reclamation Facility informed investigators that Almost Home had slowed its normal permitted discharges to the facility. (Id. at p. 4, ¶ 20.)

Relying on this evidence, Special Agent Jude Densley (“Agent Densley”) of the Environmental Protection Agency (“EPA”) [1189]*1189drafted a search warrant and affidavit that sought to search Almost Home’s business premises for violations of the Clean Water Act (the “EPA warrant”). The EPA warrant application’s description of the property to be searched was as follows:

The premises to be searched is 1819 South Main Street, Spanish Fork, Utah 84660 and a 2002 Dodge 3500 truck with a vehicle identification number of 3B6MF36662M218672, which may bear a Utah license plate of 733 PMP, including the surrounding grounds, any outbuildings, garages, sheds, storage containers, tanks, portable toilets, trash containers, pumps, pipes, hoses, tubing or other conveyance located thereon. The property is more particularly described as a tan colored square or rectangular building with a flat roof facing west with a brown colored roll-up garage door south of a brown colored man door. The property is adjacent to the Spanish Fork River, which is located along the east side of the property. The business is also distinguishable from other businesses on Main Street since there are blue and brown portable, toilets stored in the front and back of the business.

(Id. at Att. A.) The warrant’s description of the property to be seized included items that would provide the EPA with evidence of violations the Clean Water Act. For example, the items to be seized included “pumps, drains, tanks, pipes, hoses, tubing, conveyances, equipment or drainage system used or capable of being used for discharging a pollutant into water.” (Id. at Att. B, ¶ 1.) The warrant sought to obtain water, soil, and plant samples from the property. (Id. at Att. B, ¶ 2.) Additionally, the warrant sought “[rjecords, files, manifests or other documents related to the collection, accumulation, storage, analysis, handling, treatment or disposal of domestic septage, sewage, sludge, or other waste by or for Almost Home Enterprises.” (Id. at Att. B, ¶¶ 3-5.)

On July 30, 2015, United States Magistrate Judge Evelyn Furse approved the EPA warrant.

II. Layout of 1819 South Main Street, Butler’s Residence, and the EPA Warrant

Relevant to Defendant’s Motion is the layout and use of Almost Home. The building located on 1819 South Main Street has two levels. (Gov’t Exhibits 3.a, 3.b.4) The upper level consists of a garage, three storage rooms, and an office. (Id.) The lower level contains a storage common area and a residence occupied by Butler. (Id.) Butler’s residence consists of a three bedroom apartment, including a kitchen area, two bathrooms, and a bedroom. (Id.) The diagrams below reflect the layout of the building located on the property.

[1190]*1190[[Image here]]

Agent Densley enlisted the help of the Spanish Fork Police Department to execute the EPA warrant. Detective Zachary Robinson (“Detective Robinson”) of the Spanish Fork Police Department led the team of officers aiding the EPA. (Tr. at 80:3-7.) Detective Robinson testified that the police officers executing the warrant were hot there to search; rather, the officers were present to secure the property so that the EPA could perform their duties. (Tr. at 89:3-13: 89:17-18.) Detective Robinson also testified that the he and his fellow officers were not trained to search for the type of evidence the EPA was looking for. (Id.)

Agent Densley and Detective Robinson knew that Butler maintained a residence in the lower level of the building and that Butler was likely to be present in the residence during the execution of the warrant. (Tr. at 12:23; 13:1-3; 39:12-13; 44:13-15; 53:5; 59:3-5; 81:3-7.) Detective Robinson had been to the property on a prior occasion on an unrelated matter. (Tr. at 58:7-11; 78:8-16.) Detective Robinson knew Butler lived in the lower level of the building and that officers were likely to encounter Butler when executing the warrant. (Tr.

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Cite This Page — Counsel Stack

Bluebook (online)
162 F. Supp. 3d 1183, 2016 U.S. Dist. LEXIS 21443, 2016 WL 715728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-butler-utd-2016.