United States v. Matthews

364 F. Supp. 3d 921
CourtDistrict Court, S.D. Illinois
DecidedJanuary 28, 2019
DocketCase No. 3:18–CR-30102-NJR
StatusPublished

This text of 364 F. Supp. 3d 921 (United States v. Matthews) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Matthews, 364 F. Supp. 3d 921 (S.D. Ill. 2019).

Opinion

ROSENSTENGEL, District Judge:

*924This action is before the Court on a Motion to Suppress Evidence filed by Defendant Kyle Matthews (Doc. 28). Matthews moves to suppress all evidence obtained through execution of a search warrant at 21000 North Emerald Road on April 2, 2018. For the reasons set forth below, the motion is denied.

BACKGROUND

On March 31, 2018, Defendant Kyle Matthews entered an O'Reilly's Auto Parts store in Carlyle, Illinois, with a 10-inch-long, white PVC pipe bomb (Doc. 29-2; Doc. 44, pp. 14-16). An employee of the store, Michael Long, overheard Matthews and another O'Reilly's employee, Zachary Smith, discussing what to do with the bomb, including placing it at a school, a church, a Ford dealership, or another auto parts store in Carlyle (Doc. 44, pp. 15-16). Long also heard Matthews and Smith say they had detonated a pipe bomb near Keyesport, Illinois, on March 30, 2018, and that they were surprised they did not go to jail because the explosion was very loud (Id. , p. 16).

Concerned that Matthews and Smith were going to do something "very bad," Long went to the Clinton County Sheriff's Office the following day and told Officer Wendy Bromley about what he had seen and heard (Id. , Doc. 29-3). Officer Bromley reported this information to Detective Charles Becherer of the Clinton County Sheriff's Office, who then met with Long (Id. , p. 15-16). Detective Becherer also spoke with Sergeant Dennis Perez of the Clinton County Sheriff's Office (Id. ). Sergeant Perez told Detective Becherer that the Sheriff's Office had received a complaint of a very loud explosion on March 30, 2018, that shook the complainant's house (Id. ). The person lived approximately 1.5 miles south of Matthews's residence (Id. ). Additionally, Sergeant Perez reported having recently talked to an individual who said the "word on the street" is that Matthews has explosives (Id. ).

After speaking with Long, Officer Bromley, and Sergeant Perez, Detective Becherer passed the information along to the State's Attorney of Clinton County, John Hudspeth (Doc. 45). Hudspeth then prepared a Complaint for Search Warrant and a Search Warrant for Matthews's residence (Id. ). It is common practice for the State's Attorney to prepare these documents (Id. ). Detective Becherer reviewed the documents before presenting them to the judge. (Id. ).

On April 2, 2018, Detective Becherer presented the Complaint for Search Warrant to a circuit court judge in Clinton County (Docs. 29-1, 29-2). The complaint described the place to be searched as:

"The structure of the former Fin and Feather restaurant, motor home and camper trailers, and all outbuildings located at 21000 North Emerald Road ... and all other structures and things situated thereon ... the motor home and camper trailer are situated within approximately 50 feet to the east behind the former Fin and Feather restaurant building. Said motor home and camper trailer are believed to be occupied by persons including Kyle S. Matthews ... who is also believed to have access to all other structures and building situated on the premises to be searched.

(Doc. 29-1).

Detective Becherer also provided an affidavit supporting the complaint, in which he relayed the information provided by Long regarding the incident at O'Reilly's Auto Parts. Detective Becherer further attested that a witness recently informed the *925Clinton County Sheriff's Office that Matthews was known on the street to have explosives, that Officer Bromley had found social media posts indicating Matthews possesses materials suitable for the construction of explosive devices, and that on March 30, 2018, a Clinton County citizen reported hearing an explosion that shook her home, which is about 1.5 miles from Matthews's residence (Doc. 29-2). Finally, attached to the affidavit were seven photographs of the premises to be searched (with no identifying information or address markers), which Detective Becherer "believed to be the residence of [Matthews]." (Id. ). The affidavit itself makes no mention of 21000 North Emerald Road or Matthews's connection to that address (Id. ).

Both Detective Becherer and Long also testified at a hearing on the search warrant complaint. Long testified that Smith and Matthews discussed "blowing up bombs that night" and that Matthews had a "bomb on him" inside the store (Doc. 29-3, pp. 3-4). Detective Becherer testified that he received information that Matthews had admitted detonating a bomb on March 30, 2018, and that Matthews had made social media postings indicating he was in possession of explosives or materials to make explosives (Id. , pp. 7-8). Detective Becherer further verified that he intended to search the entire Fin and Feather restaurant property, including a motor home, a camper, an outbuilding, several dumpsters and vehicles, and the primary structure of the former restaurant itself because Matthews had "access to all those places" (Doc. 29-3, pp. 8-9).

Finding there was probable cause, the judge issued a search warrant for "the former Fin and Feather restaurant, motor home and camper trailers, and all out buildings located at 21000 North Emerald Road ... Said motor home and camper trailer are believed to be occupied by persons including Kyle S. Matthews (DOB 1-5-93), who is also believed to have access to all other structures and building[s] located on the premises to be searched." (Doc. 29-4). Among other things, the warrant authorized seizure of all pipe bombs, bombs of other kinds, incendiary devices, gunpowder, firearms, ammunition, and explosive materials (Id. ). The warrant was executed shortly thereafter, and numerous items were seized from a camper on the premises belonging to Matthews, including a machine gun, a firearm silencer, and an unregistered short barrel rifle (Docs. 29-5, p. 44). Matthews was living in the camper at the time of the search (Doc. 29-6).

On June 7, 2018, a federal Grand Jury charged Matthews in a three-count indictment (Doc. 1). Count 1 charged Matthews with illegal possession of a machine gun, Count 2 charged Matthews with unlawful possession of an unregistered firearm silencer, and Count 3 charged Matthews with unlawful possession of an unregistered short barreled rifle (Id. ).

Matthews now seeks to suppress the evidence obtained during the search because, he asserts, the search warrant was defective and violated his Fourth Amendment rights (Doc. 28). Specifically, Matthews claims the "bare bones affidavit" by Detective Becherer failed to establish probable cause to search 21000 North Emerald Road, as there was no nexus between the alleged illegal activity, Matthews, and any of the buildings located at 21000 North Emerald Road. Furthermore, he argues, the warrant was fatally overbroad in that there was no probable cause to search all of the structures at 21000 North Emerald Road and no facts to support a conclusion that Matthews had access to each building.

After Matthews filed his Motion to Suppress in this case, Detective Becherer met with Long again to confirm his recollection of the information Long gave him on April 1, 2018 (Doc. 45). Long verified that he *926

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Cite This Page — Counsel Stack

Bluebook (online)
364 F. Supp. 3d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-matthews-ilsd-2019.