United States v. LeClerc

185 F. Supp. 3d 370, 2016 U.S. Dist. LEXIS 63562, 2016 WL 2763787
CourtDistrict Court, W.D. New York
DecidedMay 13, 2016
Docket14-CR-217-A
StatusPublished
Cited by2 cases

This text of 185 F. Supp. 3d 370 (United States v. LeClerc) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. LeClerc, 185 F. Supp. 3d 370, 2016 U.S. Dist. LEXIS 63562, 2016 WL 2763787 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

HONORABLE RICHARD J. ARCARA, UNITED STATES DISTRICT JUDGE

This case is before the Court on the Government’s objections to Magistrate Judge Schroeder’s Report and Recommendation, which recommends granting the Defendant’s motion to suppress. As discussed below, Cattaraugus County Deputy Sheriffs relied on the Defendant’s wife’s consent to search a bam located on the Defendant’s property. Inside the barn the deputies found a second room — blocked by [373]*373a glass door that had been spray-painted black, secured by two locks to which the Defendant’s wife had no keys, and surrounded by security cameras — which the deputies proceeded to enter, and in which they found an alleged methamphetamine lab. The Court concludes that the Defendant’s wife had neither actual nor apparent authority to consent to the deputies’ entry into the second room. The Court also concludes that the deputies’ conduct was sufficiently culpable that “the deterrent effect of suppression [is] substantial and outweigh[s] any harm to the justice system.” Herring v. United States, 555 U.S. 135, 147, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009). The Court therefore adopts the Report and Recommendation, but as set forth below, the Court expands on and modifies some of the Report and Recommendation’s reasoning. The Court therefore grants the Defendant’s motion.

BACKGROUND

The facts relevant to the Defendant’s motion are straightforward and largely undisputed. On August 17, 2014, the Defendant’s wife, Erica LeClerc, called Olean General Hospital to report' that her husband had threatened to harm himself with a gun. Transcript of Hearing (Tr.) 5:13-18 (Docket 22). Deputy Sheriff James Clen-dening of the Cattaraugus County Sheriffs Office was dispatched to respond to Mrs. LeClerc’s call. Deputy Clendening met with Mrs. LeClerc, as well as her brother, and learned that the Defendant was working at a job site across the street from the Sheriffs Office. Tr. 6:14-7:7. Deputy Clen-dening then spoke with the Defendant, who told Deputy Clendening that he “was having a bad night the night before[,] that he was thinking about harming himself the night before.” Tr. 8:11-13. Based on that conversation, Deputy Clendening took the Defendant into custody for a mental health evaluation pursuant to New York State law. Tr. 8:14-16.

As Deputy Clendening was taking the Defendant to Olean General Hospital, Mrs. LeClerc’s brother called the Cattaraugus County Sheriffs Office to ask whether the Sheriffs Office had “checked the barn at 102 South Court Street in Little Valley”— the LeClerc residence — “because there was a meth lab in there.” Tr. 9:20-22. Sergéant Rozler then called Mrs. LeClerc regarding her brother’s report. Sergeant Rozler testified that he “was somewhat suspect at first to receive a phone call that it was a meth lab there... so [he] questioned [Mrs. LeClerc] on why she felt it was a meth lab.” Tr. 43:24-44:1. Mrs. Le-Clerc answered by describing “some of the things that were there as far as the utensils used to make meth” and that “it had been going' on for possibly two and a half years.” Tr. 44:4-8. Sergeant Rozler explained to Mrs. LeClerc that “she would have to give [the Sheriffs Office] permission” to search her and the Defendant’s residence. Tr. 44:14-16. Sergeant Rozler then asked Mrs, LeClerc “how long she had lived there.” Tr. 44:17. Mrs. LeClerc responded that she was married to the Defendant; that she had lived at the residence for six years; that the residence “was her legal address”; and that “she received her mail there.” Tr. 44:17-19.

After Deputy Clendening left Olean General Hospital, he returned to the station to meet Sergeant Rozler. Tr. 10:1-3. The deputies retrieved a consent-to-search form and left to meet Mrs. LeClerc at her and the Defendant’s residence. Tr. 10:14-16. Outside the residence, Mrs. LeClerc “reaffirmed.. .that she was married [to the Defendant] and that she had lived there for six years.” Tr. 45:15-18. See also Tr. 11:8-11. Mrs. LeClerc also identified the barn in which she thought the meth lab was located. Tr. 12:1-2. Before entering [374]*374the barn, the deputies also learned from Mrs. LeClerc that her name was not listed on the deed to the property. Tr. 58: 2-6. The deputies did not question Mrs. Le-Clerc further. Tr. 12:15. They instead asked her to sign the consent-to-search form they had brought. Tr. 11:16-20.. Mrs. LeClerc did so and then took the deputies to the barn, which was located behind a “large.. .grassy area” that, in turn, was located behind the residence. Tr. 31:5-7. The barn was guarded with a surveillance system that, as a Cattaraugus County Sheriffs Investigator later acknowledged, “was designed to keep people out.” Tr. 89:22-23.

Mrs. LeClerc informed the deputies that the barn’s main door was locked. The deputies asked Mrs. LeClerc whether she had keys to open the barn, but she responded that she did not. Tr. 27:14-17. The deputies, however, “noticed that there was a hayloft door on the second story that was cracked open.” 13:25-14:2. The deputies found a ladder near the barn, which they used to reach the hayloft door. Tr, 14:8-13. Once inside the barn’s main room — in which they could see “nothing illegal” (Tr. 28:21-22; 47:18-19) — the deputies unlocked the main door and spoke with Mrs. LeClerc. Tr. 14:25-15:2. As Deputy Clen-dening testified, the deputies told Mrs. LeClerc “that there was another doorway [inside the barn] that appeared to be locked.... [I]t was a glass door, that appeared to be spray painted black and that [the deputies] could not see in.” Deputy Clendening also observed “that there w[ere] TV cameras or TV screens set up with all the pictures of the cameras that were on the outside of the building, what they were showing.” Tr. 15:11-16. The record does not show that the deputies questioned Mrs. LeClerc further about the locked door; rather, Mrs. LeClerc simply “stated that there was a meth lab back there.” Tr. 15:22. As with the barn’s main door, Mrs. LeClerc did not have keys to the second locked door. Tr: 29:14-16; 60:9-10.

The second locked door was made of double-paned glass — the outer pane of which had been spray-painted black — and contained a peep hole that the deputies “could not look through.” Tr. 72:17-24. The deputies “used a small hammer.. .to break the first window pane of glass” (the one that had been spray-painted black) to allow them to see inside the locked room. Tr. 48:16-17. Inside the room, the deputies “were able to see.. .things of a chemical nature in containers, several glass bottles, [a] cook stove, [a] hot iron[,] and other TVs.” Tr. 48:19-22. Sergeant Rozler then called Cattaraugus County Sheriffs Investigator Corey Higgins and told Investigator Higgins what the deputies had located. Tr. 48:25-49:1. Investigator Higgins told Sergeant Rozler to “make entry and determine if there was any kind of product or anything in there.” Tr. 63:18-20. The deputies then used a crowbar (Tr. 49:9) to break the two locks — one of which was a deadbolt — that secured the door. Tr. 60:13-21. Once inside the second room, Sergeant Rozler conducted a field test of the substance located on the stove. Tr. 49:14-17. The sample tested positive for methamphetamine. Tr. 49:22. That evening, the deputies charged the Defendant with criminal possession of a controlled substance in the seventh degree, in violation of New York Penal Law § 220.03. Tr. 50:1-22. See also Gov’t Ex. 6 (Information).

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Bluebook (online)
185 F. Supp. 3d 370, 2016 U.S. Dist. LEXIS 63562, 2016 WL 2763787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leclerc-nywd-2016.