United States v. Robert Beatty

437 F. App'x 185
CourtCourt of Appeals for the Third Circuit
DecidedJuly 14, 2011
Docket10-3634
StatusUnpublished
Cited by1 cases

This text of 437 F. App'x 185 (United States v. Robert Beatty) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Robert Beatty, 437 F. App'x 185 (3d Cir. 2011).

Opinion

OPINION OF THE COURT

FUENTES, Circuit Judge.

Robert Beatty appeals the District Court’s decision to deny his motion to suppress evidence of contraband retrieved from a search of his home computer, as well as subsequent statements made to law enforcement officials. For the reasons set forth below, we will affirm.

I.

We write primarily for the parties and therefore discuss only the facts necessary to explain our decision. Pennsylvania State Trooper Robert Pearson had been conducting an online investigation of child pornography using a peer-to-peer (“P2P”) network. See e.g., United States v. Stults, 575 F.3d 834, 837 (8th Cir.2009) (explaining the purpose of a P2P network). Using search terms that typically yield child pornography, Pearson was able to locate eleven files with graphic titles implicating sex acts with a child. With the help of a Wyoming Internet Crimes Against Children (“Wyoming ICIC”) Task Force database, Pearson was able to cross reference and match each file’s Secured Hash Algorithm (“SHA1”) to known child pornography files. See e.g., United States v. Miknevich, 638 F.3d 178, 181 n. 1 (3d Cir.2011) (noting the significance of the SHA 1 is that it can act like a fingerprint for a message or data file). It was later determined that these files belonged to appellant Robert Beatty.

Based on this information, Federal Bureau of Investigations (“FBI”) special agent Tom Brenneis applied for a warrant to search Beatty’s home. The supporting affidavit included the process by which the files were retrieved and the exact name of each file. The affidavit did not state that Pearson or Brenneis opened and viewed any of the files. Following the issuance and execution of a search warrant, the police seized Beatty?s computer, which contained hundreds of child pornographic movies and arrested him. Shortly after, Beatty made various inculpatory statements to the police.

Beatty was charged with one count of receiving/distributing visual depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. §§ 2252(a)(2) and 2252(b)(1). Beatty was also charged with one count of possessing visual depictions of minors engaged in explicit sexual conduct which had been shipped in interstate and foreign commerce, in violation of 18 U.S.C. §§ 2252(a)(4)(B) and 2252(b)(2). He moved to suppress evidence recovered from the search of his home and computer, as well as statements he made to the FBI. Specifically, he challenged the adequacy of the probable cause on which the search warrant was issued.

The District Court held that the “highly graphic titles of the files ... and [ ] Pearson’s confirmation that these same files were among those identified by the Wyo *187 ming I CAC Task Force as known child pornography?” was enough to establish probable cause that evidence of a crime would be found on Beatty’s computer. United States v. Beatty, No. 1:08-cr-51-SJM, 2009 WL 5220643, at *4 (W.D.Penn. Dec. 31, 2009). Beatty filed a timely appeal. The District Court had jurisdiction pursuant to 18 U.S.C. § 3121 and we have jurisdiction over the District Court’s final order pursuant to 28 U.S.C. § 1291.

Our review of the District Court’s decision denying Beatty’s motion to suppress for lack of probable cause is plenary. United States v. Loy, 191 F.3d 360, 365 (3d Cir.1999). However, we must not conduct a de novo review of the magistrate judge’s finding of probable cause. See United States v. Whitner, 219 F.3d 289, 296 (3d Cir.2000). It is our job to determine that the magistrate had a “substantial basis” to conclude that the affidavit supporting the warrant established probable cause. United States v. Jones, 994 F.2d 1051, 1054 (3d Cir.1993). During this process, we must only assess the facts presented to the magistrate judge, in this case, what was before her within the “four corners” of the supporting affidavit. Id. at 1055. In doing so, we must pay great deference to the magistrate judge’s finding of probable cause. Illinois v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). But, this “does not mean that reviewing courts should simply rubber stamp a magistrate [judgej’s conclusion.” United States v. Tehfe, 722 F.2d 1114, 1117 (3d Cir.1983).

II.

A.

The Fourth Amendment protects the right to be free from “unreasonable searches and seizures.” U.S. Const, amend. IV. If a warrant is issued, it must be based “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Id. A magistrate judge may find probable cause when, after considering the totality of the circumstances, “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Gates, 462 U.S. at 238, 103 S.Ct. 2317. As opposed to a “neat set of legal rules,” probable cause is a “fluid concept-turning on the assessment of probabilities in particular factual contexts.” Id. at 232, 103 S.Ct. 2317. As such, the warrant’s supporting affidavit must be read in a common sense and nontechnical matter. Id. at 230-31, 103 S.Ct. 2317.

B.

Beatty argues that the warrant’s supporting affidavit was facially deficient. Among other reasons, he argues that 1) an overly broad and unconstitutional definition of “child pornography” tainted the reliability of the description of the files and 2) no one involved in the issuance of the warrant viewed the files, which, combined with the lack of a reasonably specific description of the contents of the files, did not allow the magistrate judge to make an independent assessment of probable cause. App. Br. 19.

We start by addressing the issue of taint. The Government contends that this Court “embrace[sj redaction as a practice and principle of law.” United States v. Christine, 687 F.2d 749, 755 (3d Cir.1982).

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Bluebook (online)
437 F. App'x 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-beatty-ca3-2011.