United States v. Jarman

61 F. Supp. 3d 598, 2014 WL 5148208
CourtDistrict Court, M.D. Louisiana
DecidedOctober 14, 2014
DocketCriminal Action No. 11-38-JJB
StatusPublished

This text of 61 F. Supp. 3d 598 (United States v. Jarman) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jarman, 61 F. Supp. 3d 598, 2014 WL 5148208 (M.D. La. 2014).

Opinion

RULING

JAMES J. BRADY, District Judge.

This matter is before the Court on Defendant George William Jarman’s (Jar-man) Motion (Doc. 116) to Suppress and for a Franks Hearing. The defendant moves “to suppress the Western Digital Hard Drive at issue in this case and all fruits thereof, and all fruits of the search of [Jarman’s] home, including but not limited to the Compaq laptop computer and desktop computer.” (Doc. 116 at 1) The Government opposes the motion. (Doc. 129). The Court held a hearing on this motion on April 2, 2014, and the hearing concluded on April 3, 2014. The parties filed post-hearing pleadings on this matter, as well as supplemental post-hearing pleadings. (Docs. 161, 167, 176, and 177). For the reasons provided herein, the Court grants Jarman’s Motion to Suppress (Doc. 116) the Western Digital hard drive and denies Jarman’s motion to suppress fruits of the search of the residence.

Background

On November 26, 2007, Jason Collins (Collins), co-owner of a • computer repair [601]*601store in Baton Rouge, called FBI Special Agent and certified computer examiner Larry Jones (Special Agent Jones). (Doc. 157 at 7-8, 11). Collins specifically requested Special Agent Jones due to his attorney’s recommendation. Id. at 8. Collins informed Special Agent Jones that he suspected one of his customers had child pornography on his computer hard drive. Id. Collins identified the customer as a Baton Rouge attorney who worked at the Kean Miller law firm, but Collins would not provide his name or any further identifying information. Id. at 8-9, 12. Collins stated that the customer “had purchased a new computer and asked Collins to transfer the data from the hard dive of an old computer onto the new computer.” Id. at 12. After the transfer, the customer wanted the old hard drive wiped clean. Id. at 14.

The individual who performed the transfer was Charlie Wilson, a part-time employee of Collins. Id. During their interview, Collins did not provide the date that Wilson performed the transfer that revealed the alleged child pornography. Id. at 26. During the transfer, Wilson “noticed file names which ... appeared to possibly be of child pornographic content.” Id. While the transfer was ongoing, Wilson could not view the actual files, but he could view the names of files being copied. Id. at 27, 56. Collins then requested that Wilson bring the original hard drive back to the computer repair shop for review. Id. Collins informed Special Agent Jones that upon reviewing the hard drive, “he saw several file names in temporary Internet field which ... were suggestive of child pornography.” Id. at 13. In addition, Collins told Special Agent Jones that he viewed a video file that he felt constituted child pornography. Id. Nonetheless, Collins informed Special Agent Jones that he did not believe that the video file had been transferred to the customer’s new computer, as that video file resided in the hard drive’s “root directory.” Id. at 14, 33. During the interview Special Agent Jones did not obtain the names of any of the alleged child pornography computer files. See id. at 28-29. After Collins finished his recitation, Special Agent Jones requested that Collins retain the hard drive until someone from the FBI contacted him to gain additional details. Id. Special Agent Jones then composed a memo requesting that an investigation be opened and submitted that document to his supervisor. Id. at 15.

At some point thereafter, Special Agent Thomas Tedder (Special Agent Tedder) was assigned to the case, and he tried to set up an initial interview with Collins. Id. at 45. After difficulty contacting Collins, Special Agent Tedder set up a meeting for January 24, 2008, at the FBI office. Id. at 46-47. Collins brought the hard drive to Special Agent Tedder at their meeting on January 24. Id. at 53-54. In the interview, Collins told Special Agent Tedder that Jarman was the customer who requested the hard drive transfer and wipe. Collins then gave a statement similar to that given .to Special Agent Jones. See id. at 49-50. However, at this interview— with Special Agent Tedder — Collins stated that he copied a suspected child pornography file from the hard drive to his personal computer to view it and, upon viewing the file, that he saw a single “image of an adult sodomizing a prepubescent male.” Id. at 50. Additionally, Collins told Special Agent Tedder that he believed that all the files had been transferred by Wilson to the new computer, whereas he previously stated that the suspected child pornography file that he viewed had not been transferred to the customer’s new computer. Id. at 52.

After the interview, Special Agent Ted-der prepared a chain of custody memoran[602]*602dum regarding the hard drive and submitted it to the evidence control room in New Orleans. Id. at 56. He then contacted the United States Attorney Office in Baton Rouge. Id. at 57. Due to Jarman’s involvement, the United States Attorney Office expressed concerns regarding potential recusal. See id. Eventually, Special Agent Tedder was notified that attorneys in the Criminal Division of the Department of Justice, and specifically within the Child Exploitation and Obscenity Section, would be handling the ease. Id. at 70.

At the hearing, Special Agent Tedder testified that he learned in June 2008 that Jarman was the subject of a separate investigation conducted by United States Immigration and Customs Enforcement (ICE). Id. at 72. According to his testimony, this information came to him through an electronic communication dated June 25, 2008 from the FBI cyber unit. Id. at 72, 117-18. That information concerned an ICE investigation in October 2005 regarding purported activities connected to the child pornography site “illegaLCP.” (See doc. 116-2 at 16-20, 55-59; doc. 157 at 80-81). Through the investigation, ICE obtained email addresses of individuals who purchased access to the website, including Jarman. (Doc. 157 at 83-84). Special Agent Tedder personally reviewed the documents attached to the electronic communication and other information for verification purposes, and he included the information in the search warrant affidavit. Id. at 73-74, 84.

Special Agent Tedder testified that in August 2008, he received a second lead relating to another investigation conducted by ICE in April 2006 concerning a separate child pornography site known as “Home Collection.” (Doc. 116-2 at 20-34, 59-73; Doc. 157 at 84-85). Through this investigation, ICE determined that Jar-man engaged in seven transactions, from October 2006 to January 2007, to purchase subscriptions to three child pornography sites. Id. at 86, 88-89. Nevertheless, Special Agent Tedder testified that he did not have any direct knowledge while drafting the search warrant affidavit that Jar-man actually downloaded files from these child pornography sites. Id. at 95-96.

At the hearing, Special Agent Tedder testified that he and Alecia Wolak — a former Department of Justice prosecutor assigned to this matter — began drafting the relevant affidavit around September 2008 or October 2008. Id. at 105. Ultimately, Special Agent Tedder composed two search warrant affidavits — one for Jar-man’s residence and one for the aforementioned hard drive previously taken from his residence. Id. at 77-79.

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Bluebook (online)
61 F. Supp. 3d 598, 2014 WL 5148208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jarman-lamd-2014.