United States v. Michael Rees

CourtCourt of Appeals for the Seventh Circuit
DecidedApril 30, 2020
Docket19-2230
StatusPublished

This text of United States v. Michael Rees (United States v. Michael Rees) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Michael Rees, (7th Cir. 2020).

Opinion

In the

United States Court of Appeals For the Seventh Circuit ____________________ No. 19‐2230 UNITED STATES OF AMERICA, Plaintiff‐Appellee, v.

MICHAEL REES, Defendant‐Appellant. ____________________

Appeal from the United States District Court for the Central District of Illinois. No. 18‐cr‐10033 — Michael M. Mihm, Judge. ____________________

ARGUED FEBRUARY 12, 2020 — DECIDED APRIL 30, 2020 ____________________

Before BAUER, KANNE, and BARRETT, Circuit Judges. KANNE, Circuit Judge. An investigation into online sharing of child pornography led law‐enforcement officers to Michael Rees’s residences and vehicle, where they executed search warrants and found child pornography. Charged with federal crimes, Rees moved to suppress the evidence found in the searches. A district court denied his motion, and Rees then pled guilty to the charges but reserved his right to appeal the suppression decision. Appealing that decision, Rees argues 2 No. 19‐2230

that the evidence was inadmissible because the warrants were invalid and the officers could not reasonably rely on them to conduct the searches. We affirm for two reasons. First, the warrant‐issuing judge had a substantial basis for concluding that there was a fair probability evidence of child‐pornography crimes would be uncovered in the searches. And second, even if the warrants were invalid, the officers executed them in objective good faith. I. BACKGROUND In 2017 and 2018, FBI Child Exploitation Task Force Officer William Lynn was investigating the sharing of child pornog‐ raphy through online, peer‐to‐peer networks. Over the course of six months, his investigation led him to believe child por‐ nography would be found in the college apartment, house, and pickup truck of 40‐year‐old Michael Rees. Seeking warrants to search these places, Officer Lynn gave a magistrate a seventeen‐page probable‐cause affidavit, which described the officer’s training and experience, law‐en‐ forcement methods for tracking child pornography on peer‐ to‐peer networks, and the specific investigation that steered him toward Rees’s residences and vehicle. Based on Officer Lynn’s affidavit alone, the magistrate is‐ sued the requested warrants. When officers executed them, they found thousands of still images and almost 200 videos of child pornography on Rees’s computer. A grand jury charged Rees with four counts of receiving, and one count of pos‐ sessing, child pornography, 18 U.S.C. § 2252A(a)(2)(A), (5)(B). Initially pleading not guilty, Rees moved to suppress the evidence found in the searches. He argued that the warrants No. 19‐2230 3

were invalid for want of probable cause and the officers could not rely on them in good faith. Unconvinced after a hearing, the district court denied Rees’s motion. Rees then pled guilty to all five charges while reserving his right to appeal the sup‐ pression decision. The district court accepted Rees’s guilty plea, entered a judgment of conviction, and sentenced Rees to 97 months’ imprisonment—a sentence Rees does not contest. On appeal, Rees maintains that the warrants were unsup‐ ported by probable cause and could not be relied upon in good faith. II. ANALYSIS Rees’s appeal challenges only the admissibility of evi‐ dence obtained from warrant‐authorized searches. Our re‐ view of warrant‐authorized searches involves a complex standard. See United States v. McIntire, 516 F.3d 576, 578 (7th Cir. 2008).1 But it is simplified in this case because the district court did not make credibility determinations or findings of historical fact based on evidence received during the

1 The precise standard, which we articulated in McIntire, is the follow‐

ing: A district court’s findings of historical fact are reviewed for clear error, whether or not a warrant issued. Ornelas v. United States, 517 U.S. 690, 699 (1996). A district judge’s legal conclusions are re‐ viewed without deference. And on the mixed question whether the facts add up to “probable cause” under the right legal stand‐ ard, we give no weight to the district judge’s decision—for the right inquiry is whether the judge who issued the warrant (rarely the same as the judge who ruled on the motion to suppress) acted on the basis of probable cause. On that issue we must afford “great deference” to the issuing judge’s conclusion. McIntire, 516 F.3d at 578. 4 No. 19‐2230

suppression hearing. See id.; United States v. Koerth, 312 F.3d 862, 865 (7th Cir. 2002). Indeed, the district court confirmed at the suppression hearing that it would be receiving no evi‐ dence, only argument. As a result, we face just two questions, each involving a single standard. The first question is, did the warrant‐issuing judge act on the basis of probable cause? See United States v. Aleshire, 787 F.3d 1178, 1178–79 (7th Cir. 2015). On this question, we up‐ hold the magistrate’s finding of probable cause so long as that judge “had a ‘substantial basis for … conclud[ing]’ that a search would uncover evidence of wrongdoing.” Illinois v. Gates, 462 U.S. 213, 236 (1983) (alteration in original) (quoting Jones v. United States, 362 U.S. 257, 271 (1960)). The second question is, if the warrants were invalid, was the evidence obtained from the searches nevertheless admis‐ sible because the officers relied on the warrants in objective good faith? See United States v. Leon, 468 U.S. 897, 922 (1984). On this question, our review is de novo—again, because the district court drew only a legal conclusion, without finding facts or determining credibility. See United States v. Mitten, 592 F.3d 767, 770–71 (7th Cir. 2010). A. Probable Cause The Fourth Amendment guarantees that “no Warrants shall issue, but upon probable cause.” U.S. Const. amend. IV. Rees contends that the warrants here were not issued upon a proper probable‐cause decision, for three reasons: first, when ruling on the motion to suppress, the district court inappro‐ priately relied on a demonstrative aid that supplied new in‐ culpatory information; second, Officer Lynn’s affidavit No. 19‐2230 5

exposed fatal gaps in his investigation; and third, key infor‐ mation in the affidavit was stale. We first dispense with Rees’s demonstrative‐aid argu‐ ment. During the suppression hearing, the government pre‐ sented the district court with a two‐and‐one‐third‐page doc‐ ument condensing the information in Officer Lynn’s seven‐ teen‐page affidavit. Rees argues that this “complex demon‐ strative aid” did not merely summarize the affidavit but added inculpatory information to it. He surmises that the dis‐ trict court relied on that new information when denying Rees’s motion to suppress, and that without the additional in‐ formation, the magistrate (the warrant‐issuing judge) could not have based the warrants on a finding of probable cause. This argument reaches outside the scope of our review. Our task is to determine whether the magistrate had a sub‐ stantial basis to conclude that probable cause existed. To do this, we look only at the information the magistrate had. See Rainsberger v. Benner, 913 F.3d 640, 650 (7th Cir. 2019); United States v. Harris,

Related

Jones v. United States
362 U.S. 257 (Supreme Court, 1960)
Brown v. Illinois
422 U.S. 590 (Supreme Court, 1975)
Franks v. Delaware
438 U.S. 154 (Supreme Court, 1978)
United States v. Cortez
449 U.S. 411 (Supreme Court, 1981)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
Ornelas v. United States
517 U.S. 690 (Supreme Court, 1996)
United States v. Milton James Roth
391 F.2d 507 (Seventh Circuit, 1968)
United States v. James L. Pless and Michael L. Cummings
982 F.2d 1118 (Seventh Circuit, 1992)
United States v. Larry L. Koerth A/K/A Lonnie Younger
312 F.3d 862 (Seventh Circuit, 2002)
United States v. Ernest Newsom
402 F.3d 780 (Seventh Circuit, 2005)
United States v. Antone C. Harris
464 F.3d 733 (Seventh Circuit, 2006)
United States v. Ronald Seiver
692 F.3d 774 (Seventh Circuit, 2012)
United States v. Bell
585 F.3d 1045 (Seventh Circuit, 2009)
United States v. McIntire
516 F.3d 576 (Seventh Circuit, 2008)
Whitlock v. Brown
596 F.3d 406 (Seventh Circuit, 2010)
United States v. Mitten
592 F.3d 767 (Seventh Circuit, 2010)
United States v. Tyrice Glover
755 F.3d 811 (Seventh Circuit, 2014)
United States v. James Carroll
750 F.3d 700 (Seventh Circuit, 2014)
United States v. Roger Aleshire
787 F.3d 1178 (Seventh Circuit, 2015)

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