United States v. Nagy

345 F. Supp. 3d 887
CourtDistrict Court, N.D. Ohio
DecidedNovember 1, 2018
DocketCase No. 1:18CR00181
StatusPublished

This text of 345 F. Supp. 3d 887 (United States v. Nagy) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Nagy, 345 F. Supp. 3d 887 (N.D. Ohio 2018).

Opinion

CHRISTOPHER A. BOYKO, United States District Judge *890This matter comes before the Court upon the Motion (ECF DKT # 40) of Defendant James Nagy to Suppress, requesting that the Court suppress evidence seized from Defendant's commercial properties because the search warrants issued in this matter lacked probable cause in violation of Defendant's Fourth Amendment rights. In addition, Defendant requests an oral hearing. For the following reasons, the Court DENIES Defendant's Motion in its entirety.

I. BACKGROUND FACTS

On July 26, 2017, the Willoughby Police Department received a complaint that small piles of money were scattered in the grass near Shiny Car Auto Detailing ("Shiny Car"). When police arrived at the scene, they met with the neighboring business owner who called in the complaint. The neighbor stated that he observed a broken window and small piles of money in the vicinity. The neighbor recounted his conversation with the owner of Shiny Car, Defendant James Nagy. Defendant stated that nothing was missing from his business and that he did not believe anybody actually entered into the premises. Defendant allegedly stated that he was not going to report the incident to the authorities.

Later in the afternoon, Willoughby police met with Mr. Ken Savoca1 at the police station. Mr. Savoca stated that he was an employee at Shiny Car. Mr. Savoca was aware that police were at the business that morning. After the police left, Mr. Savoca began to look around for possible missing items. Mr. Savoca told officers that a wooden box containing roughly $5,000.00 was empty. He alleged that he gave his ex-girlfriend $300 from the box and that he was "almost positive" it was her that broke into the business and stole the remaining money. According to Mr. Savoca, his ex-girlfriend was the only person who knew the location and contents of the box. Despite his inclination that his ex-girlfriend was involved, Mr. Savoca refused to provide her name to the authorities. He did not wish to pursue any criminal charges against her and he did not want the police to continue their investigation.

The next day, on July 27, 2017, the Westlake Police Department conducted a traffic stop of a vehicle at the Super 8 Motel. The search produced evidence of narcotics, paraphernalia and roughly $35,000.00 in U.S. currency. The two individuals in the vehicle told police officers they has a room at the Super 8 Motel. With consent, police conducted a search of the room. The room search produced more narcotics, drug paraphernalia and money. In total, the police seized $80,673.00 in U.S. currency.

On July 28, 2018, after receiving and signing a Miranda waiver, Westlake officers interviewed one of the suspects from the vehicle. The suspect admitted to stealing roughly $92,000.00 from Shiny Car, leaving approximately $30,000-$40,000 to avoid suspicion. According to the suspect, his co-conspirator from the vehicle was friends with Mr. Savoca, whom she believed owned Shiny Car. Finally, the suspect believed Mr. Savoca had a marijuana grow operation at an unknown location. The Westlake Police Department then informed the United States Drug Enforcement *891Administration ("DEA") of these events.

On or about October 19, 2017, the Willoughby Police Department received an anonymous tip that Defendant and Mr. Savoca operated a large-scale marijuana operation located at 7071 Ledge Rd., Thompson, Ohio ("7071 Ledge"). Using publically available information, officers determined that Defendant purchased 7071 Ledge in 2016, which had over 4,600 of storage space; and that a permit was obtained to do electrical improvements at the location. The DEA then informed the Geauga County Sheriff's Office ("GCSO") of the above facts.

From October 23, 2017 until the end of the month, authorities surveilled the Property. During that time, officers:

• Observed multiple individuals, including Defendant and Mr. Savoca, enter and leave the Property;
• Observed individuals load and unload unknown material to and from the Property;
• Subpoenaed the Property's electrical bills from the provider;
• Conducted foot patrols of the area;
• Observed an overwhelming smell of marijuana late in the night; and
• Reviewed public records that showed aerial views of the Property.

On November 1, 2017, authorities obtained a warrant for a thermal image search based upon the facts, observations and experiences of the investigators involved. That same night, officers from the GCSO and the DEA conducted a thermal image scan of the Property. Upon doing so, the authorities observed anomalies that were typical of marijuana cultivation operations. Authorities also observed a smell of marijuana consistent with their observations at a similar time in the past. Finally, authorities viewed a similar sized facility using thermal imaging in order to control for their observations. That scan produced no such anomaly. Based on the results from the thermal image scan, as well as the other evidence known to investigators, the authorities obtained a search warrant for 7071 Ledge on November 3, 2017.

Also, on November 3, 2017, an agent for the Lake County Narcotics Agency provided an affidavit for a search warrant of Shiny Car. In his affidavit, the Special Agent attested to the above facts and stated that, in his experience and training, evidence of a crime would be located at Shiny Car. Specifically, the Special Agent requested authority to search for drugs and equipment necessary to prepare drugs for trade, U.S. currency, contraband, vehicles, weapons and recording and monitoring devices used in the facilitation of drug transactions. A Lake County Court of Common Pleas Judge granted the Special Agent's warrant to search Shiny Car.

Defendant now moves to suppress the evidence obtained by the three search warrants. Defendant argues that the searches were unconstitutional as they all lacked probable cause. The Defendant requests an oral hearing on the matter.

The Government opposes, arguing that each judge had sufficient probable cause to issue each warrant and the searches were constitutional. In the event that they were not, the Government argues that the authorities conducted the searches in good faith and that the exception to the exclusionary rule is applicable.

II. LAW AND ANALYSIS

A. Standard of Review

The Fourth Amendment to the United States Constitution states: "The right of the people to be secure in their persons, houses, papers, and effects, *892against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const. Amend. IV. Probable cause is defined as "reasonable grounds for belief, supported by less than prima facie proof, but more than mere suspicion" and exists "when there is a 'fair probability' given the totality of the circumstances, that contraband or evidence of a crime will be found in a particular place." United States v. Lattner

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Cite This Page — Counsel Stack

Bluebook (online)
345 F. Supp. 3d 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-nagy-ohnd-2018.