United States v. Doyle

650 F.3d 460, 2011 U.S. App. LEXIS 10361, 2011 WL 1957677
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 23, 2011
Docket09-4603
StatusPublished
Cited by71 cases

This text of 650 F.3d 460 (United States v. Doyle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Doyle, 650 F.3d 460, 2011 U.S. App. LEXIS 10361, 2011 WL 1957677 (4th Cir. 2011).

Opinions

Reversed by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge BERGER concurred. Judge DUNCAN wrote an opinion concurring separately and concurring in the judgment.

OPINION

WYNN, Circuit Judge:

While “objectively reasonable reliance on a subsequently invalidated search warrant cannot justify the substantial costs of exclusion [of evidence],” where the information relied upon is “ ‘so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable,’ ” exclusion is an appropriate remedy. United States v. Leon, 468 U.S. 897, 922-23, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) (quoting Brown v. Illinois, 422 U.S. 590, 610-11, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975) (Powell, J., concurring in part)). In this case, the application for a warrant to search a private residence for evidence of child pornography failed to indicate that the pictures allegedly possessed by the resident were in fact pornographic and provided no indication as to when the pictures were allegedly possessed. Because it was unreasonable to believe that probable cause was demonstrated to search for evidence of the commission of a crime where the warrant application included scant indication that the crime had been committed and zero indication as to when it was committed, we conclude that exclusion of the evidence obtained from the search in this case is an appropriate remedy.

I.

On January 9, 2004, Captain Charles Taylor Scott (“Scott”) of the Lee County, Virginia Sheriffs Department executed a search warrant at the home of Defendant Robert Doyle, Jr. (“Doyle”). Doyle’s computer was seized and a forensic examination of its hard drive revealed images of child pornography. On March 6, 2007, a federal grand jury indicted Doyle on separate counts of receipt1 and possession2 of child pornography. A superseding indictment, returned on September 11, 2007, repeated these two counts and added three [464]*464counts of mailing3 child pornography.

On August 9, 2007, Doyle filed a motion to suppress the fruits of the search of his home. In the motion, Doyle asserted that the search warrant was issued without probable cause. Specifically, Doyle argued that any information supporting a finding of probable cause was too “stale” to justify reliance thereon. On September 9, 2007, Doyle filed a supplement to the motion, arguing that “an insufficient factual basis as to the underlying alleged criminal conduct and reliability of the informant(s) was set forth within the Affidavit or otherwise represented to the state Magistrate to support a finding of probable cause.”

Scott’s warrant application requested a search for evidence of a violation of “18.2-347.1:1 Possession of Child Pornography.” 4 Authorization was sought to search Doyle’s house for “[a]ny and all materials, books, magazines, pictures, [or] videos that are of a sexual nature involving any minor child” as well as “any communication system that could be used to facilitate a sexual offense against a child, (computer).” In the section stating the “material facts constituting probable cause that the search should be made,” the affidavit stated: “Three minor children have come forward and stated that [Doyle] has sexually assaulted them at the Doyle residence. One victims [sic] disclosed to an Uncle that Doyle had shown the victim pictures of nude children.” The affidavit indicated that the affiant learned this information through an informant whose credibility was determined from “[detailed Victim statements of the assault and of the Doyle residence, where victims describe the assailants [sic] bedroom and vehicle he drives and description of the home. Which has all been verified by Sheriffs [sic] Dept.”

On September 11, 2007, a federal magistrate held an evidentiary hearing on Doyle’s motion to suppress. During the hearing, it was revealed that although Scott signed the application for the search warrant, as well as the supporting affidavit, both documents were drafted by Scott’s subordinate, Lieutenant Frank Rouse (“Rouse”).5 Indeed, Scott did not even participate in the investigation. Rouse accompanied Scott to apply for the search warrant and gave an unsworn “summary” of his investigation to the issuing magistrate to supplement the affidavit.6

At the evidentiary hearing, Rouse testified that during the first week of August 2003, Edward J. Jones came to his office at the Sheriffs department. Jones reported [465]*465that during a family gathering the preceding week, his step-nephew claimed to have been previously sodomized by Doyle. The child also reportedly claimed to have witnessed his younger brother being sodomized by Doyle. Jones additionally informed Rouse that the child claimed that Doyle showed him pictures of nude boys.

Rouse further testified that on August 26, 2003, he interviewed the allegedly sodomized siblings at the Sheriffs department. According to Rouse, Child 17 (the step-nephew who spoke to Jones at the family gathering) relayed three separate accounts of sexual assault. First, Child 1 claimed that Doyle picked him up from a Rose Hill pool hall and offered him money to help take out the trash. According to Child 1, when they reached Doyle’s home, Doyle pulled him out of the truck, took him inside, and sodomized him. The second incident was similar: Doyle allegedly picked up Child 1 and Child l’s brother (Child 2) at the pool hall, took them to Doyle’s house, and proceeded to sodomize Child 2. The third incident involved Doyle allegedly fondling Child 1 after picking him up at a trailer park in Rose Hill. Notably, Rouse admitted that during the interview, Child 1 never alleged that Doyle showed him child pornography.

Rouse also summarized his interview of Child 2, who described being picked up by Doyle, told that they were going to take out the trash, then taken to Doyle’s house. Child 2 did not describe what transpired in the house, instead saying that his older brother (Child 1) knew what happened to him. Child 2 did, however, mention a “dragon” on Doyle’s bed. Again, Rouse conceded that Child 2 did not allege that Doyle showed him child pornography.

According to Rouse, a fellow investigator in the Sheriffs department revealed that a third child claimed to have been sexually assaulted by Doyle. On December 12, 2003, Rouse interviewed the child (Child 3), who gave an account of sexual assault similar to those of the other two children. Rouse stated that Child 3 claimed that Doyle picked him up at the pool hall in Rose Hill, offered him money to take out the trash, then took him to the Doyle house and sodomized him. Child 3 also mentioned a separate incident in which Doyle fondled him. Additionally, Child 3 described the vehicles in the driveway at Doyle’s house, how to get to Doyle’s bedroom upon entering the house, and the contents of Doyle’s bedroom. Because Rouse had previously been in Doyle’s home, he was able to verify the accuracy of Child 3’s descriptions. According to Rouse, Child 3’s description of the interior of the home formed the primary motivation to apply for a search warrant, as it corroborated the allegations of sexual assault. As with the other children, Rouse conceded that Child 3 never made an allegation that he was shown child pornography by Doyle.

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Cite This Page — Counsel Stack

Bluebook (online)
650 F.3d 460, 2011 U.S. App. LEXIS 10361, 2011 WL 1957677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-doyle-ca4-2011.