United States v. Reyna

98 F. Supp. 3d 895, 2015 U.S. Dist. LEXIS 36289, 2015 WL 1310392
CourtDistrict Court, W.D. Texas
DecidedMarch 24, 2015
DocketCivil Action No. SA-13-CR-417-XR
StatusPublished

This text of 98 F. Supp. 3d 895 (United States v. Reyna) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Reyna, 98 F. Supp. 3d 895, 2015 U.S. Dist. LEXIS 36289, 2015 WL 1310392 (W.D. Tex. 2015).

Opinion

ORDER

XAVIER RODRIGUEZ, District Judge.

Defendant is charged in an indictment with receipt of child pornography on or about August of 2012 and possessing child pornography on or about December 14, 2012. The Government alleges that the Defendant possessed images of child pornography on a V2 Premier desktop computer and a PNY 16 GB flash drive.

Pending before the court are three motions filed by the Defendant: a motion in limine (docket no. 73), a motion to dismiss to dismiss the indictment (docket no. 74), and a motion to suppress (docket no. 75).

Background

On or about August 25, 2012, the Defendant remotely linked into his employer’s network with a company laptop that was issued to him. The Defendant’s employer monitors its system for inappropriate activity and discovered that hash values associated with child porn images were located on the laptop issued to the Defendant. On or about September 7, the employer notified law enforcement officials of their discovery.

On December 14, 2012, the FBI executed a search warrant at the Defendant’s home. There are two structures at the Defendant’s property. Seventeen law enforcement officers arrived to the premises to execute the search warrant. In the building where the Defendant resided, law enforcement officers identified themselves and indicated they had a search warrant. The Defendant refused to open the door and the door was breached.

Approximately ten armed officers entered the building where the Defendant resided. Initially, the officers secured the premises to ascertain how many individuals were inside the premises and whether or not any weapons were readily visible. During these two to five minutes, the Defendant and his wife were directed to lie down on the floor.

Once the premises were secure, Agent Baker informed the Defendant that he was not under arrest and explained the search warrant. While this explanation was taking place, some of the ten officers left the [897]*897structure and some law enforcement officers remained to conduct the search of the premises in execution of the search warrant. While the search was being conducted, the Defendant was not free to wander inside the premises, but the Defendant was free to go outside the premises or completely leave the property.

Agents Baker and Allovio asked the Defendant if he would consent to being interviewed, that it was voluntary, that he was not under arrest, and that he would not be arrested at the end of any interview. The Defendant agreed to speak with the agents. During the interview the agents were dressed in business attire and their weapons were not visible. The Defendant was not handcuffed during this two-hour interview. When the interview took place the Defendant received a phone call from his mother, which he took, and he took a bathroom break. At no time did the Defendant ask to stop the interview. He never refused to answer a question and did not request to speak to a lawyer. When it was explained to the Defendant that his employer’s network indicated that child pornography was traced to his laptop the Defendant asked what date that occurred and he admitted that August 2012 would be correct and he informed the agents that child pornography would also be located on his flash drive. At the end of the verbal interview, the Defendant spoke privately with his wife for approximately 45 minutes and prepared a written statement.

In his written statement, the Defendant wrote that he understood that he was- not under arrest, that he would not be arrested immediately following the interview, that the interview was voluntary, and that he could discontinue the interview at any time. He further stated that he made the statements free of any threats, promises or coercion. The Defendant acknowledged that he had visited sites with child porn, denied ever harming any children, and stated that he was going to explain the situation to his family and beg for their forgiveness.1

During the interview the Defendant was asked whether he had physically abused any children and whether he possessed any other devices that stored child pornography. He denied physically abusing any children and stated that only the laptop and flash drive contained images of child pornography. It was suggested to the Defendant that he submit to a polygraph examination. The Defendant agreed to the polygraph examination because he wanted to prove that he had not physically assaulted any children. A polygraph examiner was contacted and was available at that time to Conduct the examination. The agents explained to the Defendant that the polygraph examination was voluntary, that he did not have to go to take it, that if he wanted to take the exam he could ride with the agents in their car or he could take his own vehicle and meet them there. It was further explained to the Defendant that if he rode in the FBI vehicle, he would not be under arrest, but that their policy was passengers needed to be placed in handcuffs. The trip to the polygraph examination was uneventful and the Defendant disclosed that he would be visiting his daughter in Ft. Sill, Oklahoma the following Monday and was looking forward to her graduation ceremony from that military training.

Once they arrived to the FBI office where the polygraph examination was to be administered and exited the vehicle, the handcuffs were removed from the Defendant. The Defendant was never again placed in handcuffs that day. Once inside the FBI office, the. Defendant was not free to roam inside the secured location, but he was able to request that the examination [898]*898cease and ask to be escorted out of the building. The Defendant never asked to stop the examination. Prior to the examination, the Defendant read and signed two consent forms.2 The Defendant acknowledged the right to refuse to take the polygraph examination, the right to stop the test at any time, and the right to refuse to answer any specific question. In a separate document the Defendant acknowledged his Miranda warnings.3

After the polygraph examination, the Defendant was advised that certain responses from him appeared to indicate that he was untruthful. The Defendant then admitted that besides the company laptop and flash drive, he had stored child pornography on an “old” computer located in the master bedroom. He also admitted that he had been downloading and saving child pornography images since 1998 (not 2000) as he had previously told the agents. The Defendant also admitted that he had created folders in his flash drive and the “old” computer named “young” where he stored his child pornographic images. The Defendant reduced his statement to writing and signed the statement after acknowledging that he was advised of his rights, waived his rights and agreed to provide a statement.4

Motion in Limine

Defendant seeks to prohibit the Government from offering any evidence obtained from the HP Laptop computer belonging to Defendant’s employer. The Government argues that this laptop is secured by a password, that it has not inspected this device, and that it does not intend to offer any evidence from this device. The Defendant complains that he has not been able to do any forensic review of that device. The Government is ordered to consult with Defendant’s employer in an attempt to access the device and to make the device available to the Defendant’s counsel for review. The motion in limine, however, is denied.

Motion to Dismiss

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Cite This Page — Counsel Stack

Bluebook (online)
98 F. Supp. 3d 895, 2015 U.S. Dist. LEXIS 36289, 2015 WL 1310392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-reyna-txwd-2015.