text:
United States v. Dodd, 349 F. Supp. 2d 1039 (W.D. Tex. 2004)
District Court, W.D. Texas
Filed: December 21st, 2004
Precedential Status: Precedential
Citations: 349 F. Supp. 2d 1039
Docket Number: A-04-CR-119-LY
Author: Earl Leroy Yeakel III

349 F. Supp. 2d 1039 (2004)
UNITED STATES of America
v.
Larry Winston DODD

No. A-04-CR-119-LY.
United States District Court, W.D. Texas, Austin Division.

December 21, 2004.
*1041 Paul J. Goeke, Attorney at Law, San Antonio, Leon J. Grizzard, Attorney at Law, Austin, TX, for Larry Winston Dodd (1), defendant.

Grant Sparks, Texas Attorney General's office, Austin, TX, for U.S.

ORDER

YEAKEL, District Judge.

Defendant Larry Winston Dodd is charged by a one-count indictment with the offense of using a computer with Internet access, to knowingly attempt to persuade, induce, entice, and coerce an individual under the age of eighteen in sexual activity for which he could have been charged with a criminal offense, including under Texas law, attempted sexual assault and attempted indecency with a child. See 18 U.S.C. § 2422(b); Tex. Penal Code Ann. § 22.011 (West Supp.2004-05) (sexual assault); Tex. Penal Code Ann. §§ 15.01, 21.11 (West 2003) (criminal attempt, indecency with a child). Before the Court are the following motions and responses: Defendant Dodd's Motion To Suppress Evidence (Clerk's Document No. 13), Defendant's Motion To Suppress Search Based Upon Warrant # 1 (Clerk's Document No. 26), Defendant's Motion To Suppress Search Warrant # 2 (Clerk's Document No. 34), Defendant's Motion To Suppress Search Warrant # 3 (Clerk's Document No. 36), the Government's Memorandums Of Law In Opposition To Defendant's Motions To Suppress (Clerk's Document Nos. 33 and 40), the Government's letter brief dated September 13, 2004 (Clerk's Document No. 44) and Dodd's letter brief dated October 4, 2004 (Clerk's Document No. 46). On September 8, 2004, this Court held a hearing on Dodd's motions to suppress. The evidence at the hearing consisted of testimony from Sergeant Katherine Smith, an investigator with the Texas Attorney General's Office, transcripts of electronic communications between Smith and Dodd, in which Smith represented herself as a fourteen-year-old girl named "Shelly Wright," and a photograph of Dodd's pickup truck.

By his motions, Dodd seeks to suppress evidence discovered by police officers during searches conducted pursuant to warrants of a hotel room registered in his name, his residence in Port Lavaca, Texas, and his computer, which was located in his residence. Dodd contends that because the affidavit supporting the initial warrant for the hotel room failed to contain sufficient reliable information upon which the reviewing magistrate could base a reasonable belief that evidence of the charged offense would be found in the listed hotel room, the search of the hotel room was improper, and evidence recovered therein should be suppressed. Additionally, Dodd contends that the good-faith exception to the exclusionary rule, as announced in United States v. Leon, 468 U.S. 897, 923,  104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984), does not apply, that the search of the hotel room was improper, and evidence recovered in the search should be suppressed. Finally, Dodd contends that because the search warrant for the hotel room was invalid due to a lack of probable cause and *1042 because the subsequent search warrants for his residence and his computer were based in part on evidence obtained during the improper search of the hotel room, evidence recovered in those searches is fruit of a poisonous tree and should also be suppressed. See Wong Sun v. United States, 371 U.S. 471,  83 S. Ct. 407, 9 L. Ed. 2d 441 (1963).

After considering Dodd's motions, the evidence presented at the hearing, the Government's responses, the arguments of counsel, the parties' post-submission letters, and the applicable law, this Court concludes that the good-faith exception to the exclusionary rule applies and Dodd's motions to suppress should be denied.

BACKGROUND

At the suppression hearing, Smith, a licensed Texas Peace Officer and an investigator with the Cyber Crimes Unit of the Texas Attorney General's Office, testified about the unit's investigation of Dodd. On December 4, 2003, at 1:30 p.m., while in the Attorney General's undercover computer laboratory, she signed on to the Internet Yahoo! chat group Texas 14, as "ShellyWright 14." She created a fictitious Yahoo! account profile for "Shelly Wright," which represented that Wright was a fourteen-year-old single female student.[1] Upon entering the chat group, she simply "sat," such that online it appeared as if Wright was present in the chat group but not engaged in conversation with any other members of the group. At 1:42 p.m., Wright received a message from "doilarryl_."[2] Smith testified that later, through Dodd's emails and his driver's license records, she was able to confirm that this was the screen name Dodd used when communicating online with Wright. The chat logs, which were admitted as evidence at the hearing, show that Dodd and Wright communicated via computer using instant messaging and email on nine days between December 4, 2003, and March 3, 2004. Dodd's initial online communication with Wright, as well as most of his other communications with her, involved conversation about sex or sexual acts. During his initial communication on December 4, Dodd asked Wright if she was a virgin and if she was curious about sex. He also asked her when she would be fifteen, to which Wright responded, "in 15 days." Dodd asked Wright for a picture, and Smith responded by emailing Dodd a picture of a fully clothed young girl sitting on a couch with a dog, which Smith testified is a photograph often used in this type of undercover operation. A photograph of Dodd's face appeared on his Yahoo! profile. Also on December 4, Dodd emailed two pictures to Wright and told her that each one was of himself with an erect penis. In other online conversations, Dodd and Wright arranged to meet in Bastrop, Texas on January 6. Dodd failed to appear for their meeting and explained later that he was unable to make the meeting because he had been in the hospital. At Wright's suggestion, a second meeting was arranged at the Jack In The Box in Buda, Texas; however, Dodd failed to appear for that meeting as well. On March 1, 2004, in an online conversation, Dodd and Wright arranged a third meeting for Wednesday, March 3 at 10:30 a.m. at the Jack In The Box in Buda. In his March 1 online communication, Dodd told Wright *1043 that he would get a hotel room in San Marcos, Texas, pick her up at the Jack In the Box, and that they would go to the hotel room and have sex. He told Wright that he would bring condoms, lubricant, alcoholic beverages, and bubble bath to the hotel. Dodd told Wright that he would be driving a green F-150 pickup truck and she would be able to recognize him at the Jack In The Box from the picture posted on his Yahoo! profile.

On March 3 at 10:30 a.m., Smith and other police officers waited in an HEB parking lot adjacent to the Jack In The Box in Buda. Smith identified Dodd as he arrived at the Jack In The Box driving a green F-150 pickup truck. The other police officers immediately arrested Dodd. According to Smith, before giving Dodd his Miranda warnings[3] and as the officers searched Dodd incident to his arrest, the officers removed a hotel room key from Dodd's pocket and asked him where was the hotel room. Dodd responded that the hotel room was at the Stratford Inn in San Marcos.

Based on the information Smith obtained through her undercover investigation and the events at the Jack In The Box, she prepared a search-warrant affidavit on March 3 for room 114 of the Stratford Inn in San Marcos. Although, it is unclear from Smith's affidavit and from her testimony at the suppression hearing, the Court assumes that police officers learned from employees of the Stratford Inn that Dodd was registered for room 114. Smith presented her affidavit to the Honorable Howard Warner, Judge of the County Court At Law No. 1 of Hays County, Texas, and he signed the search warrant that afternoon. Smith, along with other police officers, executed the warrant and recovered from the hotel room one unopened box of Magnum condoms, one tube of K-Y Jelly personal lubricant, one unopened box of Trojan ENZ condoms, one unopened box of Durex condoms, four bottles of TGIF Pina Colada alcoholic beverage, two small bottles of Red Label scotch, one bottle of Lander Aloe Vera bubble bath, and an 8-1/2" x 11" color photograph of the file "Shelly.jpg."[4]

After executing the search warrant, Smith drafted an affidavit seeking a search warrant for Dodd's Port Lavaca residence. The Honorable Alex Hernandez, Judge of the County Court at Law of Calhoun County, Texas, signed a search warrant authorizing officers to search Dodd's residence. Based on what the officers recovered in their search of Dodd's residence, on March 5 Smith drafted an affidavit seeking a search warrant for Dodd's computers and diskettes seized from the residence. The Honorable Julie Kocurek, Judge of the 390th District Court of Travis County, Texas, signed a search warrant authorizing officers to search the seized computers and diskettes.

ANALYSIS

Search of hotel room

Dodd contends initially that the evidence seized in the March 3 search of room 114 of the Stratford Inn must be suppressed because Smith's supporting affidavit failed to establish probable cause to believe that evidence of criminal activity would be found in this particular hotel room. Dodd contends that Smith's supporting affidavit is deficient because it lacks any facts that *1044 state why she believed room 114 was registered to Dodd, or alternatively, that the affidavit lacks any information establishing a nexus between room 114 and the evidence Smith believed would be recovered there. Further, Dodd contends that the good-faith exception does not apply because the warrant fails to provide any indicia of probable cause to search room 114, and that Judge Warner must have abandoned his neutral, disinterested judicial role when issuing the warrant. Finally, Dodd contends that the good-faith exception to the exclusionary rule does not apply because Smith knew that police officers found the hotel room key in Dodd's pocket pursuant to their search incident to Dodd's arrest, asked him where the hotel room was, and Dodd told them, all while Dodd was under arrest but before he was given his Miranda warnings.

The Government disagrees with Dodd's contentions and responds that the affidavit is facially valid and that the facts alleged therein provided probable cause to search the hotel room. Additionally, the Government contends that if the affidavit was insufficient because it failed to provide a substantial basis for probable cause to issue the warrant, the good-faith exception to the exclusionary rule applies and the motion to suppress evidence recovered in the hotel room should be denied.

Supporting affidavit for hotel-room search warrant

Smith's affidavit describes the place to be searched as "1601 IH 35 North, Room # 114, San Marcos, Hays County, Texas 78666." Smith further describes the Stratford Inn and the location of room 114 with particularity. Smith states that it is her belief that, among other things, cameras, photographs, computer files, condoms, lubricant, alcoholic beverages, and bubble bath, business records, and documents referencing Wright or Larry Dodd would be found in room 114. In the probable-cause portion of the affidavit, Smith describes her specialized background and training regarding the seizure and analysis of computer equipment and the investigation of crimes committed using the Internet. Among other things, she notes that she is a certified and licensed Texas Peace Officer with over eight years of law enforcement experience and is currently assigned to the Cyber Crimes Unit of the Texas Attorney General's Office. Her work for the Attorney General has focused exclusively on child-exploitation crimes. The vast majority of the investigations in which she has participated have involved the use of computers and the Internet to facilitate child exploitation crimes.

Regarding the investigation of Dodd, her affidavit explains that while in the Cyber Crimes Unit's undercover computer laboratory on December 4, 2003, at 1:30 p.m., she accessed the Internet and signed on to "www.yahoo.com." Smith states that she uses an undercover account to access chat groups and rooms. In this session, Smith posed as a fourteen-year-old female named Wright. Smith describes the Yahoo! profile she established as Wright which indicates that Wright would be fifteen years old the next month. Smith explained chat groups and stated that on December 4, posing as Wright, she joined the Yahoo! "Texas 14" chat group. After joining the group, Smith stated that the name "ShellyWright14" appeared on the chat group user list. The list shows all the members currently in the chat room. Smith did not initiate online contact with any members and simply left "ShellyWright14" signed on to the chat group list.

On December 4 at 1:42 p.m., Smith received an unsolicited online individual message from Dodd that stated, "excuse me, r *1045 u busy?"[5] Smith's affidavit explained that others in the chat room are unable to access or view such an individual message and that this type of message can only be viewed by the two members communicating with each other. Smith's affidavit continues, and states that at 1:43, Dodd asked Wright if she was fifteen to which Wright replied that she was fourteen. During this chat session, Dodd asked Wright for a picture. Smith stated that she sent a picture "depicting a thirteen-year-old white female used for undercover purposes" to Dodd via email. After receiving the picture, Dodd wrote "shelly your so cute." Smith stated that she viewed the Yahoo! Instant Messenger profile for doilarryl_. Smith's affidavit also describes several sexually explicit communications between she and Dodd. She notes that on December 4 at 1:53 p.m. Dodd writes Wright, "I have dated 16 before" and "I like to teach young lady." At 1:58 p.m., Dodd asks Wright what grade she is in and she replies that she is in the 9th grade. At 2:50 p.m. Dodd writes, "if we stay friends I will show u things sometime w.o intercourse." At 2:56 p.m. Dodd sent Wright two pictures via email; the first "depicts a male lying on his back holding his erect penis" and the second "depicts a nude male standing with a semi-erect penis apparently masturbating." At 2:57 p.m. Dodd writes Wright that the pictures were of himself. Wright and Dodd had several instant messaging conversations between December 4 and March 1, 2004. On several occasions Dodd told Wright that he would "teach" her about sex. On December 8, Dodd writes to Wright and asks about possibly meeting in person. During the conversations, Dodd asks Wright if he could meet her and engage in sexual conduct. Smith, as Wright, responded that she had not had sex before. During this conversation, Dodd asked Wright to engage in sexual contact and sexual intercourse. Smith's affidavit describes Dodd's plan that he communicated to Wright as follows:

Dodd would obtain a hotel room in San Marcos and that on Wednesday, March 3, 2004, he would meet her at the Jack In The Box in Buda, Texas. [Dodd] told [Wright] that they would then return to the hotel room to engage in sexual intercourse. [Dodd] told [Wright] that he would bring condoms, lubricant, alcoholic beverages, and bubble bath to the meeting.
Smith also stated that as "defined by Texas Penal Code section 21.01, sexual contact is defined as any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. Sexual intercourse is defined as any penetration of the female sex organ by the male sex organ." Smith stated that she has saved all of the profiles, chat logs and photographs and placed them in the investigative case file. Further Smith states,

On Wednesday March 3, [Dodd] arrived at the predetermined location intending to meet and engage in sexual conduct with whom he believed was a minor female child. After positive identification by [Smith], [Dodd] was immediately arrested. [Dodd] was driving a green 1997 Ford F150 automobile; TX LP #9PTV07. [Dodd] was read his Miranda Warning and requested that a lawyer be present prior to being questioned.
Smith stated that she did not question Dodd. Dodd's vehicle was inventoried and *1046 seized. In the rear floor of the truck, a color photograph depicting a nude male with an erect penis was found. The photograph was identical to the first one sent to Wright by Dodd as doilarryl_ on December 4, 2003.

Smith stated that from her experience and training, she "knows that persons who use personal computers tend to retain their personal files and data for extended periods of time, months or even years." Smith stated that she knows personal-computer users transfer most of their data to new computers when making an upgrade. Finally, she stated,

based on all the foregoing, there is probable cause to believe that evidence and instrumentalities in violation of Texas Penal Code Section 22.011 Criminal Attempt-Sexual Assault of a Child are contained, concealed, or maintained in files, electronic or otherwise, correspondence, notes, papers, ledgers, personal telephone and address books, maps, memoranda, telexes, facsimilies, documents or concealed in equipment located at 1601 IH 35 North, Room # 114, San Marcos, Hays County, Texas 78666.
Judge Warner signed the search warrant, and Smith and other police officers executed the warrant the afternoon of March 3. From room 114 of the Stratford Inn in San Marcos, they recovered one unopened box of Magnum condoms, one tube of K-Y Jelly personal lubricant, one unopened box of Trojan ENZ condoms, one unopened box of Durex condoms, four bottles of TGIF Pina Colada alcoholic beverage, two small bottles of Red Label scotch and one bottle of Lander' Aloe Vera bubble bath.

Applicable law

Certain fundamental principles apply when a defendant argues that evidence, seized upon the execution of a search warrant, must be suppressed because the supporting affidavit did not establish the existence of probable cause. The Fourth Amendment, which provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation," requires that probable cause be determined "by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out federal crime." U.S. Const, amend. IV; Johnson v. United States, 333 U.S. 10, 14,  68 S. Ct. 367, 92 L. Ed. 436 (1948). In order for a magistrate to perform his official function, the affidavit must contain adequate supporting facts about the underlying circumstances to show that probable cause exists for the issuance of the warrant. Whiteley v. Warden, 401 U.S. 560, 564,  91 S. Ct. 1031, 28 L. Ed. 2d 306 (1971). Probable cause has been defined as "only a probability, and not a prima facie showing, of criminal activity." Illinois v. Gates, 462 U.S. 213, 235, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983). A warrant must be upheld as long as the magistrate had a substantial basis for concluding that a search would uncover evidence of wrongdoing. Id. at 238-39, 103 S. Ct. 2317. To justify a search, the circumstances must indicate why evidence of illegal activity will be found in a particular place; the affidavit must connect the place to be searched with the illegal activity and the evidence sought. United States v. Pace, 955 F.2d 270, 276-77 (5th Cir.1992). This nexus may be established "through normal inferences as to where the articles sought would be located." Id. at 277 (quoting United States v. Freeman, 685 F.2d 942, 949 (5th Cir.1982)).

In reviewing suppression motions, courts have the discretion to proceed directly to an analysis of the good-faith exception to the exclusionary rule announced in United States v. Leon, without first addressing the underlying Fourth Amendment *1047 question. 468 U.S. at 924-25, 104 S. Ct. 3405. In the Fifth Circuit, generally, a search warrant is reviewed in two stages. See United States v. Payne, 341 F.3d 393, 399 (5th Cir.2003). First, a court determines whether the good-faith exception to the exclusionary rule applies. Id. If it does, the court need not reach the question of probable cause for the warrant unless it presents a "novel question of law, resolution of which is necessary to guide future action by law enforcement officers and magistrates." Id. Due to the facts peculiar to this case, the Court will first review the Fourth Amendment question, determining whether the affidavit on its face established a substantial basis for probable cause to search room 114, and will then proceed to determine whether the goodfaith exception applies.

Substantial basis for probable-cause finding by magistrate

When determining whether Smith's affidavit established probable cause to believe evidence of a crime would be found in room 114, Judge Warner was required to review the totality of the circumstances in a practical and common sense fashion. See Gates, 462 U.S. at 230-31, 103 S. Ct. 2317; Pace, 955 F.2d at 277. What is required before a magistrate issues a warrant is that the magistrate must conclude that the facts and circumstances described in the affidavit would warrant a person of reasonable caution to believe that the articles sought were located at the place proposed to be searched. See Pace, 955 F.2d at 276. In the review of the search at issue, this Court affords deference to Judge Warner's finding of probable cause and his finding will be sustained should this Court determine it was a doubtful or marginal decision. See Gates, 462 U.S. at 236, 103 S. Ct. 2317. Where oral testimony was not presented to the reviewing magistrate, as in this case, the existence of probable cause to support a warrant must be ascertained exclusively from the four corners of the affidavit. See Whiteley, 401 U.S. at 565 n. 8, 91 S. Ct. 1031.

This Court finds that although Smith's affidavit describes the particular place to be searched in detail, the affidavit failed to provide Judge Warner with any necessary facts from which he could infer that Dodd was associated with room 114 of the Stratford Inn or any facts from which he could infer that evidence of the offense charged would be found in that particular hotel room or even in that hotel. Smith's affidavit mentions only that Dodd said that he would "get a hotel room in San Marcos." The affidavit provides no facts that link Dodd to room 114 or a particular hotel, nor any information from which such an inference could be drawn. Although Smith testified at the suppression hearing that police officers located a key in Dodd's pocket during their search incident to his arrest that Dodd identified as belonging to the Stratford Inn, Smith failed to include this information in her search-warrant affidavit. Specifically, the affidavit fails to provide a link between Dodd and room 114 at the Stratford Inn. The affidavit adequately describes the hotel and room and asserts that "Larry Winston Dodd" is in charge of and controls the room. The affidavit also specifically describes the items expected to be found in the room and indicates that some of the items sought may "reference... doilarryl_, or Larry Dodd." In setting forth her probable cause for issuance of the warrant, Smith recites many of the facts known to her concerning the internet correspondence between Dodd and Wright, but fails to ever mention Dodd by name, referring to him only as "Suspect/doilarryl_." Her description of the "Yahoo Instant Messenger profile" for "Suspect/doilarryl_" reflects the "Real Name" of the suspect as only "Larry." In *1048 describing the circumstances of Dodd's arrest, she refers to him only as "Suspect/doilarryl_." In no place does the affidavit state that the "Larry Winston Dodd" alleged to control room 114 of the Stratford Inn in San Marcos is the same person as "Suspect/doilarryl_," suspected of child exploitation crimes, who, when arrested in Buda had on his person a room key for the Stratford Inn in San Marcos. Without this affirmative link in the affidavit, probable cause cannot exist to search the specific place described in the affidavit. To rule otherwise could foreseeably lead to the validation of search warrants for random locations in no way factually associated with a suspect, but which law enforcement officers only have a mere surmise or suspicion that the suspect may have visited. The Constitution requires more.

This Court does not doubt that Smith possessed the necessary information to obtain a valid search warrant. However, she failed to present it to the issuing magistrate either by affidavit or by direct oral statement. It is the finding of this Court that Smith's affidavit lacked facts necessary to link Dodd and the evidence of the offense charged, which Smith was seeking, to room 114 of the Stratford Inn in San Marcos, and further that Judge Warner's finding of probable cause to issue the warrant was without a substantial basis. See Gates, 462 U.S. at 238-39, 103 S. Ct. 2317 (task of issuing magistrate is to determine, given all circumstances set forth in affidavit, whether fair probability exists that evidence of crime will be found in particular place; task of reviewing court is to ensure that substantial basis existed for magistrate's probable-cause finding).

Good-faith exception

Although this Court has determined that the search warrant lacked a substantial basis for Judge Warner's probable-cause finding, the evidence seized from the hotel room need not be suppressed if the executing police officer acted with an objective good-faith belief that the warrant was properly issued by a neutral magistrate. See Leon, 468 U.S. at 922,104 S. Ct. 3405.

United States v. Leon stands for the principle that courts should not render inadmissible evidence obtained by police officers who acted in reasonable reliance upon a search warrant that is ultimately found to be unsupported by probable cause. Id. at 923, 104 S. Ct. 3405. The Leon good-faith exception requires suppression "only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause." Id. at 926, 104 S. Ct. 3405. The Leon court outlined four instances when the good-faith exception cannot apply and evidence will be excluded: (1) the affidavit contained materially false information that the officer affiant either knew was false or would have known was false if he or she had not been reckless; (2) the magistrate abandoned his neutral role in evaluating the affidavit; (3) the affidavit is so lacking in indicia of probable cause as to render the officer's belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient in failing to particularize the place to be searched or the things to be seized that the executing officers cannot reasonably presume it to be valid. Id. at 923-25, 104 S. Ct. 3405. The Court noted that the purpose of the exclusionary rule is to deter unlawful police misconduct; therefore, when officers engage in "objectively reasonable law enforcement activity" and have acted in good faith when obtaining a search warrant from a judge or magistrate, the good-faith exception applies. Id. at 919-20, 104 S. Ct. 3405.

*1049 Dodd contends that the good-faith exception does not apply because the warrant fails to provide any indicia of probable cause to search a particular room in a particular hotel, and that Judge Warner must have abandoned his neutral, disinterested role when issuing this warrant. Finally, Dodd contends that the good-faith exception to the exclusionary rule does not apply because the police officers found the hotel room key in Dodd's pocket pursuant to their search incident to Dodd's arrest, asked him where the hotel room was, and Dodd told them, all while Dodd was under arrest but before he was given his Miranda warnings.

In considering whether the good-faith exception applies, this Court does not attempt an "expedition into the minds of police officers" to determine their subjective belief regarding the validity of the warrant. Id. at 922 n. 23, 104 S. Ct. 3405. Rather, this Court's inquiry is "confined to the objectively ascertainable question of whether a reasonably well-trained officer would have known that the search was illegal despite the magistrate's authorization." Id. In determining whether the good-faith exception applies, the court examines the affidavit and may also consider all of the circumstances surrounding the issuance of the warrant. See Payne, 341 F.3d at 400 (citing Leon, 468 U.S. at 922 n. 23,104 S. Ct. 3405).

Exceptions to good-faith exception

1. Affidavit lacks indicia of probable cause

First, this Court addresses whether Smith's affidavit was "so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable." Leon, 468 U.S. at 923, 104 S. Ct. 3405. Smith's affidavit is not a "bare-bones" affidavit.[6] Despite the affidavit's deficiencies in linking room 114 of the Stratford Inn to Dodd and criminal activity, it was not unreasonable for Smith to believe that what she wrote in the affidavit would be sufficient to support a finding of probable cause. Additionally, when evaluating whether to apply the good-faith exception, this Court considers Smith's personal knowledge regarding the investigation and the circumstances surrounding the issuance of the warrant. See Payne, 341 F.3d at 402. The affidavit contained sufficient indicia of probable cause to enable a reasonable officer to execute the warrant thinking it valid. See United States v. Martin, 297 F.3d 1308, 1315 (11th Cir. 2002) (citing United States v. Hodge, 246 F.3d 301, 309 (3rd Cir.2001)) ("At a minimum the affidavit was not clearly lacking in indicia of probable cause, but presented a close call. Once the magistrate judge made that call, it was objectively reasonable for the officers to rely on it.").

2. Reviewing magistrate abandoned his judicial role

Next the Court addresses Dodd's contention that the good-faith exception does not apply because Judge Warner must have wholly abandoned his judicial role by finding that Smith's affidavit provided probable cause to issue the search warrant. A search warrant must be reviewed by "a neutral and detached magistrate" before it can be executed. Coolidge v. New Hampshire, 403 U.S. 443, 450, 91 S. Ct. 2022, 29 L. Ed. 2d 564 (1971). This separate review by a member of the judiciary protects individuals from the sometimes "hurried judgment of a law enforcement officer engaged in the often *1050 competitive enterprise of ferreting out crime" and serves as "a more reliable safeguard against improper searches." Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 326, 99 S. Ct. 2319, 60 L. Ed. 2d 920 (1979). "The courts must ... insist that the magistrate purport to perform his neutral and detached function and not serve merely as a rubber stamp for the police" in determining whether a warrant contains sufficient probable cause. Leon, 468 U.S. at 914, 104 S. Ct. 3405. A judge can be said to act as a mere "rubber stamp" if he solely relies upon the fact that police officers are asking for the warrant. Martin, 297 F.3d at 1317. "Whatever else neutrality and detachment might entail, it is clear that they require severance and disengagement from activities of law enforcement." Id. (quoting Shadwick v. City of Tampa, 407 U.S. 345, 350, 92 S. Ct. 2119, 32 L. Ed. 2d 783 (1972)).

There was no evidence presented at the suppression hearing indicating that Judge Warner wholly abandoned his judicial role. Nothing before this Court indicates that Judge Warner failed to read the affidavit or that he issued the warrant solely relying on the fact that Smith asked for it. Further, this Court declines to infer that because Judge Warner's probable-cause finding lacked a substantial basis, his act of issuing the warrant was a "rubber stamp." Martin, 297 F.3d at 1318 (citing United States v. Tagbering, 985 F.2d 946, 951 (8th Cir.1993)). This Court concludes that there is no evidence that Judge Warner wholly abandoned his judicial role when issuing the search warrant for room 114.

3. Omission of information from affidavit

The good-faith exception does not apply when an affiant omits information in her possession that would have weakened the case against the defendant. See United States v. Davis, 226 F.3d 346, 351 (5th Cir.2000). Here the omission would have strengthened the case against Dodd. Any omission must be of information that is not only relevant, but dispositive, so that if the omitted facts had been included in the affidavit, there would not be probable cause. Davis, 226 F.3d at 351.

At the suppression hearing, Smith testified that, to the extent she omitted information linking Dodd to room 114 of the Stratford Inn, it was a mere oversight. There exists no evidence that Smith deliberately or recklessly misled Judge Warner in any manner by omitting information from her affidavit. Further, there is no evidence nor any indication that Smith intentionally omitted facts that would have defeated a finding of probable cause. On the contrary, the facts Smith omitted would have provided additional support for the issuance of the warrant. See Martin, 297 F.3d at 1320.

Reasonable reliance on warrant

Having determined that none of the exceptions to the Leon good-faith exception apply, the Court reviews whether Smith reasonably relied upon the search warrant. The good-faith exception requires the court to consider objectively whether a reasonably well-trained officer would know that the warrant was illegal despite the magistrate's authorization. Leon, 468 U.S. at 922 n. 23, 104 S. Ct. 3405. The question arises whether this Court may consider information outside the four corners of the affidavit that was known to Smith and not presented in the affidavit.

The Fifth Circuit holds that in determining whether the good-faith exception applies, the reviewing court may consider "the affidavit and the circumstances surrounding issuance of the warrant." Payne, 341 F.3d at 402. Further, a majority of circuits have taken into consideration *1051 facts outside the affidavit when determining whether the Leon good-faith exception applies. See United States v. Martin, 297 F.3d 1308, 1319 (11th Cir.2002) (citing United States v. Marion, 238 F.3d 965, 969 (8th Cir.2001); United States v. Danhauer, 229 F.3d 1002, 1007 (10th Cir.2000); United States v. Procopio, 88 F.3d 21, 28 (1st Cir.1996); United States v. Gahagan, 865 F.2d 1490, 1498 (6th Cir.1989); United States v. Owens, 848 F.2d 462, 466 (4th Cir.1988); United States v. Word, No. 00-2688, 2001 WL 13133 (7th Cir. Jan. 2, 2001) (not designated for publication)). This Court, reviewing the totality of the circumstances, and considering that Smith was involved in all aspects of the investigation of Dodd, finds that she reasonably believed that probable cause existed to execute a search warrant for room 114.

Questioning of Dodd before Miranda warnings given

Dodd contends that the evidence recovered in room 114 should be suppressed because police officers improperly questioned Dodd about the room key, and Dodd answered before the officers gave Dodd his Miranda warnings. Smith testified that on March 3 police officers arrested Dodd immediately after she identified him driving into the parking lot of the Jack In The Box in Buda. The officers recovered a key in Dodd's pocket during their search incident to Dodd's arrest. Before giving Dodd his Miranda warnings, the officers asked him where the hotel room was and Dodd responded that it was at the Stratford Inn in San Marcos.[7]

The Supreme Court recently addressed the Miranda rule and held that a failure to give a suspect Miranda warnings does not require suppression of the physical fruits of the suspect's unwarned but voluntary statements. United States v. Patane, ___ U.S. ___, 124 S. Ct. 2620, 2626, 159 L. Ed. 2d 667 (2004) (emphasis added). Further, the Patane court held that potential violations occur, if at all, only upon the admission of coerced or involuntary unwarned statements into evidence. Id. at 2628. Here, there is no evidence that Dodd's statement was coerced nor is there any indication that his statement was given involuntarily. This Court finds that the police officers' failure to give Dodd his Miranda warnings before asking him where the hotel room was and Dodd's answering them does not prevent the admission into evidence of the subsequently discovered evidence in room 114, which was the fruit of his voluntary statement.

Issues regarding search of Dodd's residence and computers

Dodd also challenges the searches, pursuant to warrants, of his residence and his computer. He contends that because Smith's supporting affidavits for these warrants reference improperly seized evidence from the search of room 114, evidence recovered in the search of his residence and his computer was also recovered illegally and should be suppressed as the fruit of the poisonous tree. See Wong Sun, 371 U.S. at 471, 83 S. Ct. 407. Because this Court concludes that the search of room 114 was valid, this Court will deny Dodd's motions to suppress evidence recovered in the searches of his residence and his computer.

*1052 CONCLUSION

This Court's conclusion that the good-faith exception to the exclusionary rule applies in this case is guided by the rule's purpose-to deter unlawful police misconduct. See United States v. Peltier, 422 U.S. 531, 539, 95 S. Ct. 2313, 45 L. Ed. 2d 374 (1975). The exclusionary rule was created to guard against police officers who purposely omit critical facts from searchwarrant affidavits because such facts would not support a finding of probable cause. See Martin, 297 F.3d at 1320. This is not the case here. This Court finds that Smith acted in objective good faith when applying for and executing the warrant. This Court finds that Smith did not intentionally omit facts from her affidavit, what she did omit would have increased the likelihood that a magistrate would issue a search warrant, and that Judge Warner maintained his neutral role in issuing the search warrant for room 114. Dodd's motion to suppress the evidence recovered in room 114 will be denied.

Accordingly,

IT IS ORDERED that Defendant Larry Winston Dodd's Motions To Suppress (Clerk's Document Nos. 13, 26, 34, and 36) are DENIED.

NOTES

[1] When discussing internet conversations, "Wright" will be used to identify the fictitious "Shelly Wright" with the email address of "ShellyWright 14" created by Smith.

[2] The evidence presented at the September 8, 2004 hearing conclusively established that "doilarryl_" was an internet name used by Dodd. For clarity this Court will use "Dodd" to identify the Defendant.

[3] See Miranda v. Arizona, 384 U.S. 436, 479, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).

[4] "Shelly.jpg" is the name of the computer file that was attached to an email Smith sent to Dodd on December 4, 2003. The file consisted of the picture of a young girl sitting on a couch with a dog.

[5] Throughout these exchanges, Dodd used his internet name, "doilarryl_." See supra note 2.

[6] An affidavit is "bare bones" if it is so deficient in demonstrating probable cause that it renders an officer's belief in its existence completely unreasonable. See United States v. Craig, 861 F.2d 818, 821 (5th Cir. 1988).

[7] The cases cited to this Court by the Government in its post-submission letter are distinguishable from the facts presented because in each of its cases the defendant's pre-Miranda statement was referred to explicitly in the supporting affidavit for the search warrant; here Dodd's statement was not. See United States v. Gonzalez-Sandoval, 894 F.2d 1043, 1048 (9th Cir. 1990); United States v. Lemon, 550 F.2d 467 (9th Cir. 1977); United States v. Patterson, 812 F.2d 1188 (9th Cir.1987). Additionally, Dodd's post-submission letter fails to direct this Court to any authority for its position.

label: Sentence

text: United

text: States

text: v

text: Dodd

text: F

text: Supp

text: d

text: W

text: D

text: Tex

text: District

text: Court

text: W

text: D

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text: st

text: Precedential

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text: Docket

text: Number

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text: CR

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text: Author

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text: F

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text: UNITED

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text: Leon

text: J

text: Grizzard

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text: Law

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text: TX

text: for

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text: Winston

text: Dodd

text: defendant

text: Grant

text: Sparks

text: Texas

text: Attorney

text: General

text: s

text: office

text: Austin

text: TX

text: for

text: U

text: S

text: ORDER

text: YEAKEL

text: District

text: Judge

text: Defendant

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text: charged

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text: count

text: indictment

text: with

text: the

text: offense

text: of

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text: a

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text: with

text: Internet

text: access

text: to

text: knowingly

text: attempt

text: to

text: persuade

text: induce

text: entice

text: and

text: coerce

text: an

text: individual

text: under

text: the

text: age

text: of

text: eighteen

text: in

text: sexual

text: activity

text: for

text: which

text: he

text: could

text: have

text: been

text: charged

text: with

text: a

text: criminal

text: offense

text: including

text: under

text: Texas

text: law

text: attempted

text: sexual

text: assault

text: and

text: attempted

text: indecency

text: with

text: a

text: child

text: See

text: U

text: S

text: C

text: b

text: Tex

text: Penal

text: Code

text: Ann

text: West

text: Supp

text: sexual

text: assault

text: Tex

text: Penal

text: Code

text: Ann

text: West

text: criminal

text: attempt

text: indecency

text: with

text: a

text: child

text: Before

text: the

text: Court

text: are

text: the

text: following

text: motions

text: and

text: responses

text: Defendant

text: Dodd

text: s

text: Motion

text: To

text: Suppress

text: Evidence

text: Clerk

text: s

text: Document

text: No

text: Defendant

text: s

text: Motion

text: To

text: Suppress

text: Search

text: Based

text: Upon

text: Warrant

text: Clerk

text: s

text: Document

text: No

text: Defendant

text: s

text: Motion

text: To

text: Suppress

text: Search

text: Warrant

text: Clerk

text: s

text: Document

text: No

text: Defendant

text: s

text: Motion

text: To

text: Suppress

text: Search

text: Warrant

text: Clerk

text: s

text: Document

text: No

text: the

text: Government

text: s

text: Memorandums

text: Of

text: Law

text: In

text: Opposition

text: To

text: Defendant

text: s

text: Motions

text: To

text: Suppress

text: Clerk

text: s

text: Document

text: Nos

text: and

text: the

text: Government

text: s

text: letter

text: brief

text: dated

text: September

text: Clerk

text: s

text: Document

text: No

text: and

text: Dodd

text: s

text: letter

text: brief

text: dated

text: October

text: Clerk

text: s

text: Document

text: No

text: On

text: September

text: this

text: Court

text: held

text: a

text: hearing

text: on

text: Dodd

text: s

text: motions

text: to

text: suppress

text: The

text: evidence

text: at

text: the

text: hearing

text: consisted

text: of

text: testimony

text: from

text: Sergeant

text: Katherine

text: Smith

text: an

text: investigator

text: with

text: the

text: Texas

text: Attorney

text: General

text: s

text: Office

text: transcripts

text: of

text: electronic

text: communications

text: between

text: Smith

text: and

text: Dodd

text: in

text: which

text: Smith

text: represented

text: herself

text: as

text: a

text: fourteen

text: year

text: old

text: girl

text: named

text: Shelly

text: Wright

text: and

text: a

text: photograph

text: of

text: Dodd

text: s

text: pickup

text: truck

text: By

text: his

text: motions

text: Dodd

text: seeks

text: to

text: suppress

text: evidence

text: discovered

text: by

text: police

text: officers

text: during

text: searches

text: conducted

text: pursuant

text: to

text: warrants

text: of

text: a

text: hotel

text: room

text: registered

text: in

text: his

text: name

text: his

text: residence

text: in

text: Port

text: Lavaca

text: Texas

text: and

text: his

text: computer

text: which

text: was

text: located

text: in

text: his

text: residence

text: Dodd

text: contends

text: that

text: because

text: the

text: affidavit

text: supporting

text: the

text: initial

text: warrant

text: for

text: the

text: hotel

text: room

text: failed

text: to

text: contain

text: sufficient

text: reliable

text: information

text: upon

text: which

text: the

text: reviewing

text: magistrate

text: could

text: base

text: a

text: reasonable

text: belief

text: that

text: evidence

text: of

text: the

text: charged

text: offense

text: would

text: be

text: found

text: in

text: the

text: listed

text: hotel

text: room

text: the

text: search

text: of

text: the

text: hotel

text: room

text: was

text: improper

text: and

text: evidence

text: recovered

text: therein

text: should

text: be

text: suppressed

text: Additionally

text: Dodd

text: contends

text: that

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: as

text: announced

text: in

text: United

text: States

text: v

text: Leon

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: does

text: not

text: apply

text: that

text: the

text: search

text: of

text: the

text: hotel

text: room

text: was

text: improper

text: and

text: evidence

text: recovered

text: in

text: the

text: search

text: should

text: be

text: suppressed

text: Finally

text: Dodd

text: contends

text: that

text: because

text: the

text: search

text: warrant

text: for

text: the

text: hotel

text: room

text: was

text: invalid

text: due

text: to

text: a

text: lack

text: of

text: probable

text: cause

text: and

text: because

text: the

text: subsequent

text: search

text: warrants

text: for

text: his

text: residence

text: and

text: his

text: computer

text: were

text: based

text: in

text: part

text: on

text: evidence

text: obtained

text: during

text: the

text: improper

text: search

text: of

text: the

text: hotel

text: room

text: evidence

text: recovered

text: in

text: those

text: searches

text: is

text: fruit

text: of

text: a

text: poisonous

text: tree

text: and

text: should

text: also

text: be

text: suppressed

text: See

text: Wong

text: Sun

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: After

text: considering

text: Dodd

text: s

text: motions

text: the

text: evidence

text: presented

text: at

text: the

text: hearing

text: the

text: Government

text: s

text: responses

text: the

text: arguments

text: of

text: counsel

text: the

text: parties

text: post

text: submission

text: letters

text: and

text: the

text: applicable

text: law

text: this

text: Court

text: concludes

text: that

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: applies

text: and

text: Dodd

text: s

text: motions

text: to

text: suppress

text: should

text: be

text: denied

text: BACKGROUND

text: At

text: the

text: suppression

text: hearing

text: Smith

text: a

text: licensed

text: Texas

text: Peace

text: Officer

text: and

text: an

text: investigator

text: with

text: the

text: Cyber

text: Crimes

text: Unit

text: of

text: the

text: Texas

text: Attorney

text: General

text: s

text: Office

text: testified

text: about

text: the

text: unit

text: s

text: investigation

text: of

text: Dodd

text: On

text: December

text: at

text: p

text: m

text: while

text: in

text: the

text: Attorney

text: General

text: s

text: undercover

text: computer

text: laboratory

text: she

text: signed

text: on

text: to

text: the

text: Internet

text: Yahoo

text: chat

text: group

text: Texas

text: as

text: ShellyWright

text: She

text: created

text: a

text: fictitious

text: Yahoo

text: account

text: profile

text: for

text: Shelly

text: Wright

text: which

text: represented

text: that

text: Wright

text: was

text: a

text: fourteen

text: year

text: old

text: single

text: female

text: student

text: Upon

text: entering

text: the

text: chat

text: group

text: she

text: simply

text: sat

text: such

text: that

text: online

text: it

text: appeared

text: as

text: if

text: Wright

text: was

text: present

text: in

text: the

text: chat

text: group

text: but

text: not

text: engaged

text: in

text: conversation

text: with

text: any

text: other

text: members

text: of

text: the

text: group

text: At

text: p

text: m

text: Wright

text: received

text: a

text: message

text: from

text: doilarryl

text: Smith

text: testified

text: that

text: later

text: through

text: Dodd

text: s

text: emails

text: and

text: his

text: driver

text: s

text: license

text: records

text: she

text: was

text: able

text: to

text: confirm

text: that

text: this

text: was

text: the

text: screen

text: name

text: Dodd

text: used

text: when

text: communicating

text: online

text: with

text: Wright

text: The

text: chat

text: logs

text: which

text: were

text: admitted

text: as

text: evidence

text: at

text: the

text: hearing

text: show

text: that

text: Dodd

text: and

text: Wright

text: communicated

text: via

text: computer

text: using

text: instant

text: messaging

text: and

text: email

text: on

text: nine

text: days

text: between

text: December

text: and

text: March

text: Dodd

text: s

text: initial

text: online

text: communication

text: with

text: Wright

text: as

text: well

text: as

text: most

text: of

text: his

text: other

text: communications

text: with

text: her

text: involved

text: conversation

text: about

text: sex

text: or

text: sexual

text: acts

text: During

text: his

text: initial

text: communication

text: on

text: December

text: Dodd

text: asked

text: Wright

text: if

text: she

text: was

text: a

text: virgin

text: and

text: if

text: she

text: was

text: curious

text: about

text: sex

text: He

text: also

text: asked

text: her

text: when

text: she

text: would

text: be

text: fifteen

text: to

text: which

text: Wright

text: responded

text: in

text: days

text: Dodd

text: asked

text: Wright

text: for

text: a

text: picture

text: and

text: Smith

text: responded

text: by

text: emailing

text: Dodd

text: a

text: picture

text: of

text: a

text: fully

text: clothed

text: young

text: girl

text: sitting

text: on

text: a

text: couch

text: with

text: a

text: dog

text: which

text: Smith

text: testified

text: is

text: a

text: photograph

text: often

text: used

text: in

text: this

text: type

text: of

text: undercover

text: operation

text: A

text: photograph

text: of

text: Dodd

text: s

text: face

text: appeared

text: on

text: his

text: Yahoo

text: profile

text: Also

text: on

text: December

text: Dodd

text: emailed

text: two

text: pictures

text: to

text: Wright

text: and

text: told

text: her

text: that

text: each

text: one

text: was

text: of

text: himself

text: with

text: an

text: erect

text: penis

text: In

text: other

text: online

text: conversations

text: Dodd

text: and

text: Wright

text: arranged

text: to

text: meet

text: in

text: Bastrop

text: Texas

text: on

text: January

text: Dodd

text: failed

text: to

text: appear

text: for

text: their

text: meeting

text: and

text: explained

text: later

text: that

text: he

text: was

text: unable

text: to

text: make

text: the

text: meeting

text: because

text: he

text: had

text: been

text: in

text: the

text: hospital

text: At

text: Wright

text: s

text: suggestion

text: a

text: second

text: meeting

text: was

text: arranged

text: at

text: the

text: Jack

text: In

text: The

text: Box

text: in

text: Buda

text: Texas

text: however

text: Dodd

text: failed

text: to

text: appear

text: for

text: that

text: meeting

text: as

text: well

text: On

text: March

text: in

text: an

text: online

text: conversation

text: Dodd

text: and

text: Wright

text: arranged

text: a

text: third

text: meeting

text: for

text: Wednesday

text: March

text: at

text: a

text: m

text: at

text: the

text: Jack

text: In

text: The

text: Box

text: in

text: Buda

text: In

text: his

text: March

text: online

text: communication

text: Dodd

text: told

text: Wright

text: that

text: he

text: would

text: get

text: a

text: hotel

text: room

text: in

text: San

text: Marcos

text: Texas

text: pick

text: her

text: up

text: at

text: the

text: Jack

text: In

text: the

text: Box

text: and

text: that

text: they

text: would

text: go

text: to

text: the

text: hotel

text: room

text: and

text: have

text: sex

text: He

text: told

text: Wright

text: that

text: he

text: would

text: bring

text: condoms

text: lubricant

text: alcoholic

text: beverages

text: and

text: bubble

text: bath

text: to

text: the

text: hotel

text: Dodd

text: told

text: Wright

text: that

text: he

text: would

text: be

text: driving

text: a

text: green

text: F

text: pickup

text: truck

text: and

text: she

text: would

text: be

text: able

text: to

text: recognize

text: him

text: at

text: the

text: Jack

text: In

text: The

text: Box

text: from

text: the

text: picture

text: posted

text: on

text: his

text: Yahoo

text: profile

text: On

text: March

text: at

text: a

text: m

text: Smith

text: and

text: other

text: police

text: officers

text: waited

text: in

text: an

text: HEB

text: parking

text: lot

text: adjacent

text: to

text: the

text: Jack

text: In

text: The

text: Box

text: in

text: Buda

text: Smith

text: identified

text: Dodd

text: as

text: he

text: arrived

text: at

text: the

text: Jack

text: In

text: The

text: Box

text: driving

text: a

text: green

text: F

text: pickup

text: truck

text: The

text: other

text: police

text: officers

text: immediately

text: arrested

text: Dodd

text: According

text: to

text: Smith

text: before

text: giving

text: Dodd

text: his

text: Miranda

text: warnings

text: and

text: as

text: the

text: officers

text: searched

text: Dodd

text: incident

text: to

text: his

text: arrest

text: the

text: officers

text: removed

text: a

text: hotel

text: room

text: key

text: from

text: Dodd

text: s

text: pocket

text: and

text: asked

text: him

text: where

text: was

text: the

text: hotel

text: room

text: Dodd

text: responded

text: that

text: the

text: hotel

text: room

text: was

text: at

text: the

text: Stratford

text: Inn

text: in

text: San

text: Marcos

text: Based

text: on

text: the

text: information

text: Smith

text: obtained

text: through

text: her

text: undercover

text: investigation

text: and

text: the

text: events

text: at

text: the

text: Jack

text: In

text: The

text: Box

text: she

text: prepared

text: a

text: search

text: warrant

text: affidavit

text: on

text: March

text: for

text: room

text: of

text: the

text: Stratford

text: Inn

text: in

text: San

text: Marcos

text: Although

text: it

text: is

text: unclear

text: from

text: Smith

text: s

text: affidavit

text: and

text: from

text: her

text: testimony

text: at

text: the

text: suppression

text: hearing

text: the

text: Court

text: assumes

text: that

text: police

text: officers

text: learned

text: from

text: employees

text: of

text: the

text: Stratford

text: Inn

text: that

text: Dodd

text: was

text: registered

text: for

text: room

text: Smith

text: presented

text: her

text: affidavit

text: to

text: the

text: Honorable

text: Howard

text: Warner

text: Judge

text: of

text: the

text: County

text: Court

text: At

text: Law

text: No

text: of

text: Hays

text: County

text: Texas

text: and

text: he

text: signed

text: the

text: search

text: warrant

text: that

text: afternoon

text: Smith

text: along

text: with

text: other

text: police

text: officers

text: executed

text: the

text: warrant

text: and

text: recovered

text: from

text: the

text: hotel

text: room

text: one

text: unopened

text: box

text: of

text: Magnum

text: condoms

text: one

text: tube

text: of

text: K

text: Y

text: Jelly

text: personal

text: lubricant

text: one

text: unopened

text: box

text: of

text: Trojan

text: ENZ

text: condoms

text: one

text: unopened

text: box

text: of

text: Durex

text: condoms

text: four

text: bottles

text: of

text: TGIF

text: Pina

text: Colada

text: alcoholic

text: beverage

text: two

text: small

text: bottles

text: of

text: Red

text: Label

text: scotch

text: one

text: bottle

text: of

text: Lander

text: Aloe

text: Vera

text: bubble

text: bath

text: and

text: an

text: x

text: color

text: photograph

text: of

text: the

text: file

text: Shelly

text: jpg

text: After

text: executing

text: the

text: search

text: warrant

text: Smith

text: drafted

text: an

text: affidavit

text: seeking

text: a

text: search

text: warrant

text: for

text: Dodd

text: s

text: Port

text: Lavaca

text: residence

text: The

text: Honorable

text: Alex

text: Hernandez

text: Judge

text: of

text: the

text: County

text: Court

text: at

text: Law

text: of

text: Calhoun

text: County

text: Texas

text: signed

text: a

text: search

text: warrant

text: authorizing

text: officers

text: to

text: search

text: Dodd

text: s

text: residence

text: Based

text: on

text: what

text: the

text: officers

text: recovered

text: in

text: their

text: search

text: of

text: Dodd

text: s

text: residence

text: on

text: March

text: Smith

text: drafted

text: an

text: affidavit

text: seeking

text: a

text: search

text: warrant

text: for

text: Dodd

text: s

text: computers

text: and

text: diskettes

text: seized

text: from

text: the

text: residence

text: The

text: Honorable

text: Julie

text: Kocurek

text: Judge

text: of

text: the

text: th

text: District

text: Court

text: of

text: Travis

text: County

text: Texas

text: signed

text: a

text: search

text: warrant

text: authorizing

text: officers

text: to

text: search

text: the

text: seized

text: computers

text: and

text: diskettes

text: ANALYSIS

text: Search

text: of

text: hotel

text: room

text: Dodd

text: contends

text: initially

text: that

text: the

text: evidence

text: seized

text: in

text: the

text: March

text: search

text: of

text: room

text: of

text: the

text: Stratford

text: Inn

text: must

text: be

text: suppressed

text: because

text: Smith

text: s

text: supporting

text: affidavit

text: failed

text: to

text: establish

text: probable

text: cause

text: to

text: believe

text: that

text: evidence

text: of

text: criminal

text: activity

text: would

text: be

text: found

text: in

text: this

text: particular

text: hotel

text: room

text: Dodd

text: contends

text: that

text: Smith

text: s

text: supporting

text: affidavit

text: is

text: deficient

text: because

text: it

text: lacks

text: any

text: facts

text: that

text: state

text: why

text: she

text: believed

text: room

text: was

text: registered

text: to

text: Dodd

text: or

text: alternatively

text: that

text: the

text: affidavit

text: lacks

text: any

text: information

text: establishing

text: a

text: nexus

text: between

text: room

text: and

text: the

text: evidence

text: Smith

text: believed

text: would

text: be

text: recovered

text: there

text: Further

text: Dodd

text: contends

text: that

text: the

text: good

text: faith

text: exception

text: does

text: not

text: apply

text: because

text: the

text: warrant

text: fails

text: to

text: provide

text: any

text: indicia

text: of

text: probable

text: cause

text: to

text: search

text: room

text: and

text: that

text: Judge

text: Warner

text: must

text: have

text: abandoned

text: his

text: neutral

text: disinterested

text: judicial

text: role

text: when

text: issuing

text: the

text: warrant

text: Finally

text: Dodd

text: contends

text: that

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: does

text: not

text: apply

text: because

text: Smith

text: knew

text: that

text: police

text: officers

text: found

text: the

text: hotel

text: room

text: key

text: in

text: Dodd

text: s

text: pocket

text: pursuant

text: to

text: their

text: search

text: incident

text: to

text: Dodd

text: s

text: arrest

text: asked

text: him

text: where

text: the

text: hotel

text: room

text: was

text: and

text: Dodd

text: told

text: them

text: all

text: while

text: Dodd

text: was

text: under

text: arrest

text: but

text: before

text: he

text: was

text: given

text: his

text: Miranda

text: warnings

text: The

text: Government

text: disagrees

text: with

text: Dodd

text: s

text: contentions

text: and

text: responds

text: that

text: the

text: affidavit

text: is

text: facially

text: valid

text: and

text: that

text: the

text: facts

text: alleged

text: therein

text: provided

text: probable

text: cause

text: to

text: search

text: the

text: hotel

text: room

text: Additionally

text: the

text: Government

text: contends

text: that

text: if

text: the

text: affidavit

text: was

text: insufficient

text: because

text: it

text: failed

text: to

text: provide

text: a

text: substantial

text: basis

text: for

text: probable

text: cause

text: to

text: issue

text: the

text: warrant

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: applies

text: and

text: the

text: motion

text: to

text: suppress

text: evidence

text: recovered

text: in

text: the

text: hotel

text: room

text: should

text: be

text: denied

text: Supporting

text: affidavit

text: for

text: hotel

text: room

text: search

text: warrant

text: Smith

text: s

text: affidavit

text: describes

text: the

text: place

text: to

text: be

text: searched

text: as

text: IH

text: North

text: Room

text: San

text: Marcos

text: Hays

text: County

text: Texas

text: Smith

text: further

text: describes

text: the

text: Stratford

text: Inn

text: and

text: the

text: location

text: of

text: room

text: with

text: particularity

text: Smith

text: states

text: that

text: it

text: is

text: her

text: belief

text: that

text: among

text: other

text: things

text: cameras

text: photographs

text: computer

text: files

text: condoms

text: lubricant

text: alcoholic

text: beverages

text: and

text: bubble

text: bath

text: business

text: records

text: and

text: documents

text: referencing

text: Wright

text: or

text: Larry

text: Dodd

text: would

text: be

text: found

text: in

text: room

text: In

text: the

text: probable

text: cause

text: portion

text: of

text: the

text: affidavit

text: Smith

text: describes

text: her

text: specialized

text: background

text: and

text: training

text: regarding

text: the

text: seizure

text: and

text: analysis

text: of

text: computer

text: equipment

text: and

text: the

text: investigation

text: of

text: crimes

text: committed

text: using

text: the

text: Internet

text: Among

text: other

text: things

text: she

text: notes

text: that

text: she

text: is

text: a

text: certified

text: and

text: licensed

text: Texas

text: Peace

text: Officer

text: with

text: over

text: eight

text: years

text: of

text: law

text: enforcement

text: experience

text: and

text: is

text: currently

text: assigned

text: to

text: the

text: Cyber

text: Crimes

text: Unit

text: of

text: the

text: Texas

text: Attorney

text: General

text: s

text: Office

text: Her

text: work

text: for

text: the

text: Attorney

text: General

text: has

text: focused

text: exclusively

text: on

text: child

text: exploitation

text: crimes

text: The

text: vast

text: majority

text: of

text: the

text: investigations

text: in

text: which

text: she

text: has

text: participated

text: have

text: involved

text: the

text: use

text: of

text: computers

text: and

text: the

text: Internet

text: to

text: facilitate

text: child

text: exploitation

text: crimes

text: Regarding

text: the

text: investigation

text: of

text: Dodd

text: her

text: affidavit

text: explains

text: that

text: while

text: in

text: the

text: Cyber

text: Crimes

text: Unit

text: s

text: undercover

text: computer

text: laboratory

text: on

text: December

text: at

text: p

text: m

text: she

text: accessed

text: the

text: Internet

text: and

text: signed

text: on

text: to

text: www

text: yahoo

text: com

text: Smith

text: states

text: that

text: she

text: uses

text: an

text: undercover

text: account

text: to

text: access

text: chat

text: groups

text: and

text: rooms

text: In

text: this

text: session

text: Smith

text: posed

text: as

text: a

text: fourteen

text: year

text: old

text: female

text: named

text: Wright

text: Smith

text: describes

text: the

text: Yahoo

text: profile

text: she

text: established

text: as

text: Wright

text: which

text: indicates

text: that

text: Wright

text: would

text: be

text: fifteen

text: years

text: old

text: the

text: next

text: month

text: Smith

text: explained

text: chat

text: groups

text: and

text: stated

text: that

text: on

text: December

text: posing

text: as

text: Wright

text: she

text: joined

text: the

text: Yahoo

text: Texas

text: chat

text: group

text: After

text: joining

text: the

text: group

text: Smith

text: stated

text: that

text: the

text: name

text: ShellyWright

text: appeared

text: on

text: the

text: chat

text: group

text: user

text: list

text: The

text: list

text: shows

text: all

text: the

text: members

text: currently

text: in

text: the

text: chat

text: room

text: Smith

text: did

text: not

text: initiate

text: online

text: contact

text: with

text: any

text: members

text: and

text: simply

text: left

text: ShellyWright

text: signed

text: on

text: to

text: the

text: chat

text: group

text: list

text: On

text: December

text: at

text: p

text: m

text: Smith

text: received

text: an

text: unsolicited

text: online

text: individual

text: message

text: from

text: Dodd

text: that

text: stated

text: excuse

text: me

text: r

text: u

text: busy

text: Smith

text: s

text: affidavit

text: explained

text: that

text: others

text: in

text: the

text: chat

text: room

text: are

text: unable

text: to

text: access

text: or

text: view

text: such

text: an

text: individual

text: message

text: and

text: that

text: this

text: type

text: of

text: message

text: can

text: only

text: be

text: viewed

text: by

text: the

text: two

text: members

text: communicating

text: with

text: each

text: other

text: Smith

text: s

text: affidavit

text: continues

text: and

text: states

text: that

text: at

text: Dodd

text: asked

text: Wright

text: if

text: she

text: was

text: fifteen

text: to

text: which

text: Wright

text: replied

text: that

text: she

text: was

text: fourteen

text: During

text: this

text: chat

text: session

text: Dodd

text: asked

text: Wright

text: for

text: a

text: picture

text: Smith

text: stated

text: that

text: she

text: sent

text: a

text: picture

text: depicting

text: a

text: thirteen

text: year

text: old

text: white

text: female

text: used

text: for

text: undercover

text: purposes

text: to

text: Dodd

text: via

text: email

text: After

text: receiving

text: the

text: picture

text: Dodd

text: wrote

text: shelly

text: your

text: so

text: cute

text: Smith

text: stated

text: that

text: she

text: viewed

text: the

text: Yahoo

text: Instant

text: Messenger

text: profile

text: for

text: doilarryl

text: Smith

text: s

text: affidavit

text: also

text: describes

text: several

text: sexually

text: explicit

text: communications

text: between

text: she

text: and

text: Dodd

text: She

text: notes

text: that

text: on

text: December

text: at

text: p

text: m

text: Dodd

text: writes

text: Wright

text: I

text: have

text: dated

text: before

text: and

text: I

text: like

text: to

text: teach

text: young

text: lady

text: At

text: p

text: m

text: Dodd

text: asks

text: Wright

text: what

text: grade

text: she

text: is

text: in

text: and

text: she

text: replies

text: that

text: she

text: is

text: in

text: the

text: th

text: grade

text: At

text: p

text: m

text: Dodd

text: writes

text: if

text: we

text: stay

text: friends

text: I

text: will

text: show

text: u

text: things

text: sometime

text: w

text: o

text: intercourse

text: At

text: p

text: m

text: Dodd

text: sent

text: Wright

text: two

text: pictures

text: via

text: email

text: the

text: first

text: depicts

text: a

text: male

text: lying

text: on

text: his

text: back

text: holding

text: his

text: erect

text: penis

text: and

text: the

text: second

text: depicts

text: a

text: nude

text: male

text: standing

text: with

text: a

text: semi

text: erect

text: penis

text: apparently

text: masturbating

text: At

text: p

text: m

text: Dodd

text: writes

text: Wright

text: that

text: the

text: pictures

text: were

text: of

text: himself

text: Wright

text: and

text: Dodd

text: had

text: several

text: instant

text: messaging

text: conversations

text: between

text: December

text: and

text: March

text: On

text: several

text: occasions

text: Dodd

text: told

text: Wright

text: that

text: he

text: would

text: teach

text: her

text: about

text: sex

text: On

text: December

text: Dodd

text: writes

text: to

text: Wright

text: and

text: asks

text: about

text: possibly

text: meeting

text: in

text: person

text: During

text: the

text: conversations

text: Dodd

text: asks

text: Wright

text: if

text: he

text: could

text: meet

text: her

text: and

text: engage

text: in

text: sexual

text: conduct

text: Smith

text: as

text: Wright

text: responded

text: that

text: she

text: had

text: not

text: had

text: sex

text: before

text: During

text: this

text: conversation

text: Dodd

text: asked

text: Wright

text: to

text: engage

text: in

text: sexual

text: contact

text: and

text: sexual

text: intercourse

text: Smith

text: s

text: affidavit

text: describes

text: Dodd

text: s

text: plan

text: that

text: he

text: communicated

text: to

text: Wright

text: as

text: follows

text: Dodd

text: would

text: obtain

text: a

text: hotel

text: room

text: in

text: San

text: Marcos

text: and

text: that

text: on

text: Wednesday

text: March

text: he

text: would

text: meet

text: her

text: at

text: the

text: Jack

text: In

text: The

text: Box

text: in

text: Buda

text: Texas

text: Dodd

text: told

text: Wright

text: that

text: they

text: would

text: then

text: return

text: to

text: the

text: hotel

text: room

text: to

text: engage

text: in

text: sexual

text: intercourse

text: Dodd

text: told

text: Wright

text: that

text: he

text: would

text: bring

text: condoms

text: lubricant

text: alcoholic

text: beverages

text: and

text: bubble

text: bath

text: to

text: the

text: meeting

text: Smith

text: also

text: stated

text: that

text: as

text: defined

text: by

text: Texas

text: Penal

text: Code

text: section

text: sexual

text: contact

text: is

text: defined

text: as

text: any

text: touching

text: of

text: the

text: anus

text: breast

text: or

text: any

text: part

text: of

text: the

text: genitals

text: of

text: another

text: person

text: with

text: intent

text: to

text: arouse

text: or

text: gratify

text: the

text: sexual

text: desire

text: of

text: any

text: person

text: Sexual

text: intercourse

text: is

text: defined

text: as

text: any

text: penetration

text: of

text: the

text: female

text: sex

text: organ

text: by

text: the

text: male

text: sex

text: organ

text: Smith

text: stated

text: that

text: she

text: has

text: saved

text: all

text: of

text: the

text: profiles

text: chat

text: logs

text: and

text: photographs

text: and

text: placed

text: them

text: in

text: the

text: investigative

text: case

text: file

text: Further

text: Smith

text: states

text: On

text: Wednesday

text: March

text: Dodd

text: arrived

text: at

text: the

text: predetermined

text: location

text: intending

text: to

text: meet

text: and

text: engage

text: in

text: sexual

text: conduct

text: with

text: whom

text: he

text: believed

text: was

text: a

text: minor

text: female

text: child

text: After

text: positive

text: identification

text: by

text: Smith

text: Dodd

text: was

text: immediately

text: arrested

text: Dodd

text: was

text: driving

text: a

text: green

text: Ford

text: F

text: automobile

text: TX

text: LP

text: PTV

text: Dodd

text: was

text: read

text: his

text: Miranda

text: Warning

text: and

text: requested

text: that

text: a

text: lawyer

text: be

text: present

text: prior

text: to

text: being

text: questioned

text: Smith

text: stated

text: that

text: she

text: did

text: not

text: question

text: Dodd

text: Dodd

text: s

text: vehicle

text: was

text: inventoried

text: and

text: seized

text: In

text: the

text: rear

text: floor

text: of

text: the

text: truck

text: a

text: color

text: photograph

text: depicting

text: a

text: nude

text: male

text: with

text: an

text: erect

text: penis

text: was

text: found

text: The

text: photograph

text: was

text: identical

text: to

text: the

text: first

text: one

text: sent

text: to

text: Wright

text: by

text: Dodd

text: as

text: doilarryl

text: on

text: December

text: Smith

text: stated

text: that

text: from

text: her

text: experience

text: and

text: training

text: she

text: knows

text: that

text: persons

text: who

text: use

text: personal

text: computers

text: tend

text: to

text: retain

text: their

text: personal

text: files

text: and

text: data

text: for

text: extended

text: periods

text: of

text: time

text: months

text: or

text: even

text: years

text: Smith

text: stated

text: that

text: she

text: knows

text: personal

text: computer

text: users

text: transfer

text: most

text: of

text: their

text: data

text: to

text: new

text: computers

text: when

text: making

text: an

text: upgrade

text: Finally

text: she

text: stated

text: based

text: on

text: all

text: the

text: foregoing

text: there

text: is

text: probable

text: cause

text: to

text: believe

text: that

text: evidence

text: and

text: instrumentalities

text: in

text: violation

text: of

text: Texas

text: Penal

text: Code

text: Section

text: Criminal

text: Attempt

text: Sexual

text: Assault

text: of

text: a

text: Child

text: are

text: contained

text: concealed

text: or

text: maintained

text: in

text: files

text: electronic

text: or

text: otherwise

text: correspondence

text: notes

text: papers

text: ledgers

text: personal

text: telephone

text: and

text: address

text: books

text: maps

text: memoranda

text: telexes

text: facsimilies

text: documents

text: or

text: concealed

text: in

text: equipment

text: located

text: at

text: IH

text: North

text: Room

text: San

text: Marcos

text: Hays

text: County

text: Texas

text: Judge

text: Warner

text: signed

text: the

text: search

text: warrant

text: and

text: Smith

text: and

text: other

text: police

text: officers

text: executed

text: the

text: warrant

text: the

text: afternoon

text: of

text: March

text: From

text: room

text: of

text: the

text: Stratford

text: Inn

text: in

text: San

text: Marcos

text: they

text: recovered

text: one

text: unopened

text: box

text: of

text: Magnum

text: condoms

text: one

text: tube

text: of

text: K

text: Y

text: Jelly

text: personal

text: lubricant

text: one

text: unopened

text: box

text: of

text: Trojan

text: ENZ

text: condoms

text: one

text: unopened

text: box

text: of

text: Durex

text: condoms

text: four

text: bottles

text: of

text: TGIF

text: Pina

text: Colada

text: alcoholic

text: beverage

text: two

text: small

text: bottles

text: of

text: Red

text: Label

text: scotch

text: and

text: one

text: bottle

text: of

text: Lander

text: Aloe

text: Vera

text: bubble

text: bath

text: Applicable

text: law

text: Certain

text: fundamental

text: principles

text: apply

text: when

text: a

text: defendant

text: argues

text: that

text: evidence

text: seized

text: upon

text: the

text: execution

text: of

text: a

text: search

text: warrant

text: must

text: be

text: suppressed

text: because

text: the

text: supporting

text: affidavit

text: did

text: not

text: establish

text: the

text: existence

text: of

text: probable

text: cause

text: The

text: Fourth

text: Amendment

text: which

text: provides

text: that

text: no

text: Warrants

text: shall

text: issue

text: but

text: upon

text: probable

text: cause

text: supported

text: by

text: Oath

text: or

text: affirmation

text: requires

text: that

text: probable

text: cause

text: be

text: determined

text: by

text: a

text: neutral

text: and

text: detached

text: magistrate

text: instead

text: of

text: being

text: judged

text: by

text: the

text: officer

text: engaged

text: in

text: the

text: often

text: competitive

text: enterprise

text: of

text: ferreting

text: out

text: federal

text: crime

text: U

text: S

text: Const

text: amend

text: IV

text: Johnson

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: In

text: order

text: for

text: a

text: magistrate

text: to

text: perform

text: his

text: official

text: function

text: the

text: affidavit

text: must

text: contain

text: adequate

text: supporting

text: facts

text: about

text: the

text: underlying

text: circumstances

text: to

text: show

text: that

text: probable

text: cause

text: exists

text: for

text: the

text: issuance

text: of

text: the

text: warrant

text: Whiteley

text: v

text: Warden

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Probable

text: cause

text: has

text: been

text: defined

text: as

text: only

text: a

text: probability

text: and

text: not

text: a

text: prima

text: facie

text: showing

text: of

text: criminal

text: activity

text: Illinois

text: v

text: Gates

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: A

text: warrant

text: must

text: be

text: upheld

text: as

text: long

text: as

text: the

text: magistrate

text: had

text: a

text: substantial

text: basis

text: for

text: concluding

text: that

text: a

text: search

text: would

text: uncover

text: evidence

text: of

text: wrongdoing

text: Id

text: at

text: S

text: Ct

text: To

text: justify

text: a

text: search

text: the

text: circumstances

text: must

text: indicate

text: why

text: evidence

text: of

text: illegal

text: activity

text: will

text: be

text: found

text: in

text: a

text: particular

text: place

text: the

text: affidavit

text: must

text: connect

text: the

text: place

text: to

text: be

text: searched

text: with

text: the

text: illegal

text: activity

text: and

text: the

text: evidence

text: sought

text: United

text: States

text: v

text: Pace

text: F

text: d

text: th

text: Cir

text: This

text: nexus

text: may

text: be

text: established

text: through

text: normal

text: inferences

text: as

text: to

text: where

text: the

text: articles

text: sought

text: would

text: be

text: located

text: Id

text: at

text: quoting

text: United

text: States

text: v

text: Freeman

text: F

text: d

text: th

text: Cir

text: In

text: reviewing

text: suppression

text: motions

text: courts

text: have

text: the

text: discretion

text: to

text: proceed

text: directly

text: to

text: an

text: analysis

text: of

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: announced

text: in

text: United

text: States

text: v

text: Leon

text: without

text: first

text: addressing

text: the

text: underlying

text: Fourth

text: Amendment

text: question

text: U

text: S

text: at

text: S

text: Ct

text: In

text: the

text: Fifth

text: Circuit

text: generally

text: a

text: search

text: warrant

text: is

text: reviewed

text: in

text: two

text: stages

text: See

text: United

text: States

text: v

text: Payne

text: F

text: d

text: th

text: Cir

text: First

text: a

text: court

text: determines

text: whether

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: applies

text: Id

text: If

text: it

text: does

text: the

text: court

text: need

text: not

text: reach

text: the

text: question

text: of

text: probable

text: cause

text: for

text: the

text: warrant

text: unless

text: it

text: presents

text: a

text: novel

text: question

text: of

text: law

text: resolution

text: of

text: which

text: is

text: necessary

text: to

text: guide

text: future

text: action

text: by

text: law

text: enforcement

text: officers

text: and

text: magistrates

text: Id

text: Due

text: to

text: the

text: facts

text: peculiar

text: to

text: this

text: case

text: the

text: Court

text: will

text: first

text: review

text: the

text: Fourth

text: Amendment

text: question

text: determining

text: whether

text: the

text: affidavit

text: on

text: its

text: face

text: established

text: a

text: substantial

text: basis

text: for

text: probable

text: cause

text: to

text: search

text: room

text: and

text: will

text: then

text: proceed

text: to

text: determine

text: whether

text: the

text: goodfaith

text: exception

text: applies

text: Substantial

text: basis

text: for

text: probable

text: cause

text: finding

text: by

text: magistrate

text: When

text: determining

text: whether

text: Smith

text: s

text: affidavit

text: established

text: probable

text: cause

text: to

text: believe

text: evidence

text: of

text: a

text: crime

text: would

text: be

text: found

text: in

text: room

text: Judge

text: Warner

text: was

text: required

text: to

text: review

text: the

text: totality

text: of

text: the

text: circumstances

text: in

text: a

text: practical

text: and

text: common

text: sense

text: fashion

text: See

text: Gates

text: U

text: S

text: at

text: S

text: Ct

text: Pace

text: F

text: d

text: at

text: What

text: is

text: required

text: before

text: a

text: magistrate

text: issues

text: a

text: warrant

text: is

text: that

text: the

text: magistrate

text: must

text: conclude

text: that

text: the

text: facts

text: and

text: circumstances

text: described

text: in

text: the

text: affidavit

text: would

text: warrant

text: a

text: person

text: of

text: reasonable

text: caution

text: to

text: believe

text: that

text: the

text: articles

text: sought

text: were

text: located

text: at

text: the

text: place

text: proposed

text: to

text: be

text: searched

text: See

text: Pace

text: F

text: d

text: at

text: In

text: the

text: review

text: of

text: the

text: search

text: at

text: issue

text: this

text: Court

text: affords

text: deference

text: to

text: Judge

text: Warner

text: s

text: finding

text: of

text: probable

text: cause

text: and

text: his

text: finding

text: will

text: be

text: sustained

text: should

text: this

text: Court

text: determine

text: it

text: was

text: a

text: doubtful

text: or

text: marginal

text: decision

text: See

text: Gates

text: U

text: S

text: at

text: S

text: Ct

text: Where

text: oral

text: testimony

text: was

text: not

text: presented

text: to

text: the

text: reviewing

text: magistrate

text: as

text: in

text: this

text: case

text: the

text: existence

text: of

text: probable

text: cause

text: to

text: support

text: a

text: warrant

text: must

text: be

text: ascertained

text: exclusively

text: from

text: the

text: four

text: corners

text: of

text: the

text: affidavit

text: See

text: Whiteley

text: U

text: S

text: at

text: n

text: S

text: Ct

text: This

text: Court

text: finds

text: that

text: although

text: Smith

text: s

text: affidavit

text: describes

text: the

text: particular

text: place

text: to

text: be

text: searched

text: in

text: detail

text: the

text: affidavit

text: failed

text: to

text: provide

text: Judge

text: Warner

text: with

text: any

text: necessary

text: facts

text: from

text: which

text: he

text: could

text: infer

text: that

text: Dodd

text: was

text: associated

text: with

text: room

text: of

text: the

text: Stratford

text: Inn

text: or

text: any

text: facts

text: from

text: which

text: he

text: could

text: infer

text: that

text: evidence

text: of

text: the

text: offense

text: charged

text: would

text: be

text: found

text: in

text: that

text: particular

text: hotel

text: room

text: or

text: even

text: in

text: that

text: hotel

text: Smith

text: s

text: affidavit

text: mentions

text: only

text: that

text: Dodd

text: said

text: that

text: he

text: would

text: get

text: a

text: hotel

text: room

text: in

text: San

text: Marcos

text: The

text: affidavit

text: provides

text: no

text: facts

text: that

text: link

text: Dodd

text: to

text: room

text: or

text: a

text: particular

text: hotel

text: nor

text: any

text: information

text: from

text: which

text: such

text: an

text: inference

text: could

text: be

text: drawn

text: Although

text: Smith

text: testified

text: at

text: the

text: suppression

text: hearing

text: that

text: police

text: officers

text: located

text: a

text: key

text: in

text: Dodd

text: s

text: pocket

text: during

text: their

text: search

text: incident

text: to

text: his

text: arrest

text: that

text: Dodd

text: identified

text: as

text: belonging

text: to

text: the

text: Stratford

text: Inn

text: Smith

text: failed

text: to

text: include

text: this

text: information

text: in

text: her

text: search

text: warrant

text: affidavit

text: Specifically

text: the

text: affidavit

text: fails

text: to

text: provide

text: a

text: link

text: between

text: Dodd

text: and

text: room

text: at

text: the

text: Stratford

text: Inn

text: The

text: affidavit

text: adequately

text: describes

text: the

text: hotel

text: and

text: room

text: and

text: asserts

text: that

text: Larry

text: Winston

text: Dodd

text: is

text: in

text: charge

text: of

text: and

text: controls

text: the

text: room

text: The

text: affidavit

text: also

text: specifically

text: describes

text: the

text: items

text: expected

text: to

text: be

text: found

text: in

text: the

text: room

text: and

text: indicates

text: that

text: some

text: of

text: the

text: items

text: sought

text: may

text: reference

text: doilarryl

text: or

text: Larry

text: Dodd

text: In

text: setting

text: forth

text: her

text: probable

text: cause

text: for

text: issuance

text: of

text: the

text: warrant

text: Smith

text: recites

text: many

text: of

text: the

text: facts

text: known

text: to

text: her

text: concerning

text: the

text: internet

text: correspondence

text: between

text: Dodd

text: and

text: Wright

text: but

text: fails

text: to

text: ever

text: mention

text: Dodd

text: by

text: name

text: referring

text: to

text: him

text: only

text: as

text: Suspect

text: doilarryl

text: Her

text: description

text: of

text: the

text: Yahoo

text: Instant

text: Messenger

text: profile

text: for

text: Suspect

text: doilarryl

text: reflects

text: the

text: Real

text: Name

text: of

text: the

text: suspect

text: as

text: only

text: Larry

text: In

text: describing

text: the

text: circumstances

text: of

text: Dodd

text: s

text: arrest

text: she

text: refers

text: to

text: him

text: only

text: as

text: Suspect

text: doilarryl

text: In

text: no

text: place

text: does

text: the

text: affidavit

text: state

text: that

text: the

text: Larry

text: Winston

text: Dodd

text: alleged

text: to

text: control

text: room

text: of

text: the

text: Stratford

text: Inn

text: in

text: San

text: Marcos

text: is

text: the

text: same

text: person

text: as

text: Suspect

text: doilarryl

text: suspected

text: of

text: child

text: exploitation

text: crimes

text: who

text: when

text: arrested

text: in

text: Buda

text: had

text: on

text: his

text: person

text: a

text: room

text: key

text: for

text: the

text: Stratford

text: Inn

text: in

text: San

text: Marcos

text: Without

text: this

text: affirmative

text: link

text: in

text: the

text: affidavit

text: probable

text: cause

text: cannot

text: exist

text: to

text: search

text: the

text: specific

text: place

text: described

text: in

text: the

text: affidavit

text: To

text: rule

text: otherwise

text: could

text: foreseeably

text: lead

text: to

text: the

text: validation

text: of

text: search

text: warrants

text: for

text: random

text: locations

text: in

text: no

text: way

text: factually

text: associated

text: with

text: a

text: suspect

text: but

text: which

text: law

text: enforcement

text: officers

text: only

text: have

text: a

text: mere

text: surmise

text: or

text: suspicion

text: that

text: the

text: suspect

text: may

text: have

text: visited

text: The

text: Constitution

text: requires

text: more

text: This

text: Court

text: does

text: not

text: doubt

text: that

text: Smith

text: possessed

text: the

text: necessary

text: information

text: to

text: obtain

text: a

text: valid

text: search

text: warrant

text: However

text: she

text: failed

text: to

text: present

text: it

text: to

text: the

text: issuing

text: magistrate

text: either

text: by

text: affidavit

text: or

text: by

text: direct

text: oral

text: statement

text: It

text: is

text: the

text: finding

text: of

text: this

text: Court

text: that

text: Smith

text: s

text: affidavit

text: lacked

text: facts

text: necessary

text: to

text: link

text: Dodd

text: and

text: the

text: evidence

text: of

text: the

text: offense

text: charged

text: which

text: Smith

text: was

text: seeking

text: to

text: room

text: of

text: the

text: Stratford

text: Inn

text: in

text: San

text: Marcos

text: and

text: further

text: that

text: Judge

text: Warner

text: s

text: finding

text: of

text: probable

text: cause

text: to

text: issue

text: the

text: warrant

text: was

text: without

text: a

text: substantial

text: basis

text: See

text: Gates

text: U

text: S

text: at

text: S

text: Ct

text: task

text: of

text: issuing

text: magistrate

text: is

text: to

text: determine

text: given

text: all

text: circumstances

text: set

text: forth

text: in

text: affidavit

text: whether

text: fair

text: probability

text: exists

text: that

text: evidence

text: of

text: crime

text: will

text: be

text: found

text: in

text: particular

text: place

text: task

text: of

text: reviewing

text: court

text: is

text: to

text: ensure

text: that

text: substantial

text: basis

text: existed

text: for

text: magistrate

text: s

text: probable

text: cause

text: finding

text: Good

text: faith

text: exception

text: Although

text: this

text: Court

text: has

text: determined

text: that

text: the

text: search

text: warrant

text: lacked

text: a

text: substantial

text: basis

text: for

text: Judge

text: Warner

text: s

text: probable

text: cause

text: finding

text: the

text: evidence

text: seized

text: from

text: the

text: hotel

text: room

text: need

text: not

text: be

text: suppressed

text: if

text: the

text: executing

text: police

text: officer

text: acted

text: with

text: an

text: objective

text: good

text: faith

text: belief

text: that

text: the

text: warrant

text: was

text: properly

text: issued

text: by

text: a

text: neutral

text: magistrate

text: See

text: Leon

text: U

text: S

text: at

text: S

text: Ct

text: United

text: States

text: v

text: Leon

text: stands

text: for

text: the

text: principle

text: that

text: courts

text: should

text: not

text: render

text: inadmissible

text: evidence

text: obtained

text: by

text: police

text: officers

text: who

text: acted

text: in

text: reasonable

text: reliance

text: upon

text: a

text: search

text: warrant

text: that

text: is

text: ultimately

text: found

text: to

text: be

text: unsupported

text: by

text: probable

text: cause

text: Id

text: at

text: S

text: Ct

text: The

text: Leon

text: good

text: faith

text: exception

text: requires

text: suppression

text: only

text: if

text: the

text: officers

text: were

text: dishonest

text: or

text: reckless

text: in

text: preparing

text: their

text: affidavit

text: or

text: could

text: not

text: have

text: harbored

text: an

text: objectively

text: reasonable

text: belief

text: in

text: the

text: existence

text: of

text: probable

text: cause

text: Id

text: at

text: S

text: Ct

text: The

text: Leon

text: court

text: outlined

text: four

text: instances

text: when

text: the

text: good

text: faith

text: exception

text: cannot

text: apply

text: and

text: evidence

text: will

text: be

text: excluded

text: the

text: affidavit

text: contained

text: materially

text: false

text: information

text: that

text: the

text: officer

text: affiant

text: either

text: knew

text: was

text: false

text: or

text: would

text: have

text: known

text: was

text: false

text: if

text: he

text: or

text: she

text: had

text: not

text: been

text: reckless

text: the

text: magistrate

text: abandoned

text: his

text: neutral

text: role

text: in

text: evaluating

text: the

text: affidavit

text: the

text: affidavit

text: is

text: so

text: lacking

text: in

text: indicia

text: of

text: probable

text: cause

text: as

text: to

text: render

text: the

text: officer

text: s

text: belief

text: in

text: its

text: existence

text: entirely

text: unreasonable

text: or

text: the

text: warrant

text: is

text: so

text: facially

text: deficient

text: in

text: failing

text: to

text: particularize

text: the

text: place

text: to

text: be

text: searched

text: or

text: the

text: things

text: to

text: be

text: seized

text: that

text: the

text: executing

text: officers

text: cannot

text: reasonably

text: presume

text: it

text: to

text: be

text: valid

text: Id

text: at

text: S

text: Ct

text: The

text: Court

text: noted

text: that

text: the

text: purpose

text: of

text: the

text: exclusionary

text: rule

text: is

text: to

text: deter

text: unlawful

text: police

text: misconduct

text: therefore

text: when

text: officers

text: engage

text: in

text: objectively

text: reasonable

text: law

text: enforcement

text: activity

text: and

text: have

text: acted

text: in

text: good

text: faith

text: when

text: obtaining

text: a

text: search

text: warrant

text: from

text: a

text: judge

text: or

text: magistrate

text: the

text: good

text: faith

text: exception

text: applies

text: Id

text: at

text: S

text: Ct

text: Dodd

text: contends

text: that

text: the

text: good

text: faith

text: exception

text: does

text: not

text: apply

text: because

text: the

text: warrant

text: fails

text: to

text: provide

text: any

text: indicia

text: of

text: probable

text: cause

text: to

text: search

text: a

text: particular

text: room

text: in

text: a

text: particular

text: hotel

text: and

text: that

text: Judge

text: Warner

text: must

text: have

text: abandoned

text: his

text: neutral

text: disinterested

text: role

text: when

text: issuing

text: this

text: warrant

text: Finally

text: Dodd

text: contends

text: that

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: does

text: not

text: apply

text: because

text: the

text: police

text: officers

text: found

text: the

text: hotel

text: room

text: key

text: in

text: Dodd

text: s

text: pocket

text: pursuant

text: to

text: their

text: search

text: incident

text: to

text: Dodd

text: s

text: arrest

text: asked

text: him

text: where

text: the

text: hotel

text: room

text: was

text: and

text: Dodd

text: told

text: them

text: all

text: while

text: Dodd

text: was

text: under

text: arrest

text: but

text: before

text: he

text: was

text: given

text: his

text: Miranda

text: warnings

text: In

text: considering

text: whether

text: the

text: good

text: faith

text: exception

text: applies

text: this

text: Court

text: does

text: not

text: attempt

text: an

text: expedition

text: into

text: the

text: minds

text: of

text: police

text: officers

text: to

text: determine

text: their

text: subjective

text: belief

text: regarding

text: the

text: validity

text: of

text: the

text: warrant

text: Id

text: at

text: n

text: S

text: Ct

text: Rather

text: this

text: Court

text: s

text: inquiry

text: is

text: confined

text: to

text: the

text: objectively

text: ascertainable

text: question

text: of

text: whether

text: a

text: reasonably

text: well

text: trained

text: officer

text: would

text: have

text: known

text: that

text: the

text: search

text: was

text: illegal

text: despite

text: the

text: magistrate

text: s

text: authorization

text: Id

text: In

text: determining

text: whether

text: the

text: good

text: faith

text: exception

text: applies

text: the

text: court

text: examines

text: the

text: affidavit

text: and

text: may

text: also

text: consider

text: all

text: of

text: the

text: circumstances

text: surrounding

text: the

text: issuance

text: of

text: the

text: warrant

text: See

text: Payne

text: F

text: d

text: at

text: citing

text: Leon

text: U

text: S

text: at

text: n

text: S

text: Ct

text: Exceptions

text: to

text: good

text: faith

text: exception

text: Affidavit

text: lacks

text: indicia

text: of

text: probable

text: cause

text: First

text: this

text: Court

text: addresses

text: whether

text: Smith

text: s

text: affidavit

text: was

text: so

text: lacking

text: in

text: indicia

text: of

text: probable

text: cause

text: as

text: to

text: render

text: official

text: belief

text: in

text: its

text: existence

text: entirely

text: unreasonable

text: Leon

text: U

text: S

text: at

text: S

text: Ct

text: Smith

text: s

text: affidavit

text: is

text: not

text: a

text: bare

text: bones

text: affidavit

text: Despite

text: the

text: affidavit

text: s

text: deficiencies

text: in

text: linking

text: room

text: of

text: the

text: Stratford

text: Inn

text: to

text: Dodd

text: and

text: criminal

text: activity

text: it

text: was

text: not

text: unreasonable

text: for

text: Smith

text: to

text: believe

text: that

text: what

text: she

text: wrote

text: in

text: the

text: affidavit

text: would

text: be

text: sufficient

text: to

text: support

text: a

text: finding

text: of

text: probable

text: cause

text: Additionally

text: when

text: evaluating

text: whether

text: to

text: apply

text: the

text: good

text: faith

text: exception

text: this

text: Court

text: considers

text: Smith

text: s

text: personal

text: knowledge

text: regarding

text: the

text: investigation

text: and

text: the

text: circumstances

text: surrounding

text: the

text: issuance

text: of

text: the

text: warrant

text: See

text: Payne

text: F

text: d

text: at

text: The

text: affidavit

text: contained

text: sufficient

text: indicia

text: of

text: probable

text: cause

text: to

text: enable

text: a

text: reasonable

text: officer

text: to

text: execute

text: the

text: warrant

text: thinking

text: it

text: valid

text: See

text: United

text: States

text: v

text: Martin

text: F

text: d

text: th

text: Cir

text: citing

text: United

text: States

text: v

text: Hodge

text: F

text: d

text: rd

text: Cir

text: At

text: a

text: minimum

text: the

text: affidavit

text: was

text: not

text: clearly

text: lacking

text: in

text: indicia

text: of

text: probable

text: cause

text: but

text: presented

text: a

text: close

text: call

text: Once

text: the

text: magistrate

text: judge

text: made

text: that

text: call

text: it

text: was

text: objectively

text: reasonable

text: for

text: the

text: officers

text: to

text: rely

text: on

text: it

text: Reviewing

text: magistrate

text: abandoned

text: his

text: judicial

text: role

text: Next

text: the

text: Court

text: addresses

text: Dodd

text: s

text: contention

text: that

text: the

text: good

text: faith

text: exception

text: does

text: not

text: apply

text: because

text: Judge

text: Warner

text: must

text: have

text: wholly

text: abandoned

text: his

text: judicial

text: role

text: by

text: finding

text: that

text: Smith

text: s

text: affidavit

text: provided

text: probable

text: cause

text: to

text: issue

text: the

text: search

text: warrant

text: A

text: search

text: warrant

text: must

text: be

text: reviewed

text: by

text: a

text: neutral

text: and

text: detached

text: magistrate

text: before

text: it

text: can

text: be

text: executed

text: Coolidge

text: v

text: New

text: Hampshire

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: This

text: separate

text: review

text: by

text: a

text: member

text: of

text: the

text: judiciary

text: protects

text: individuals

text: from

text: the

text: sometimes

text: hurried

text: judgment

text: of

text: a

text: law

text: enforcement

text: officer

text: engaged

text: in

text: the

text: often

text: competitive

text: enterprise

text: of

text: ferreting

text: out

text: crime

text: and

text: serves

text: as

text: a

text: more

text: reliable

text: safeguard

text: against

text: improper

text: searches

text: Lo

text: Ji

text: Sales

text: Inc

text: v

text: New

text: York

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: The

text: courts

text: must

text: insist

text: that

text: the

text: magistrate

text: purport

text: to

text: perform

text: his

text: neutral

text: and

text: detached

text: function

text: and

text: not

text: serve

text: merely

text: as

text: a

text: rubber

text: stamp

text: for

text: the

text: police

text: in

text: determining

text: whether

text: a

text: warrant

text: contains

text: sufficient

text: probable

text: cause

text: Leon

text: U

text: S

text: at

text: S

text: Ct

text: A

text: judge

text: can

text: be

text: said

text: to

text: act

text: as

text: a

text: mere

text: rubber

text: stamp

text: if

text: he

text: solely

text: relies

text: upon

text: the

text: fact

text: that

text: police

text: officers

text: are

text: asking

text: for

text: the

text: warrant

text: Martin

text: F

text: d

text: at

text: Whatever

text: else

text: neutrality

text: and

text: detachment

text: might

text: entail

text: it

text: is

text: clear

text: that

text: they

text: require

text: severance

text: and

text: disengagement

text: from

text: activities

text: of

text: law

text: enforcement

text: Id

text: quoting

text: Shadwick

text: v

text: City

text: of

text: Tampa

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: There

text: was

text: no

text: evidence

text: presented

text: at

text: the

text: suppression

text: hearing

text: indicating

text: that

text: Judge

text: Warner

text: wholly

text: abandoned

text: his

text: judicial

text: role

text: Nothing

text: before

text: this

text: Court

text: indicates

text: that

text: Judge

text: Warner

text: failed

text: to

text: read

text: the

text: affidavit

text: or

text: that

text: he

text: issued

text: the

text: warrant

text: solely

text: relying

text: on

text: the

text: fact

text: that

text: Smith

text: asked

text: for

text: it

text: Further

text: this

text: Court

text: declines

text: to

text: infer

text: that

text: because

text: Judge

text: Warner

text: s

text: probable

text: cause

text: finding

text: lacked

text: a

text: substantial

text: basis

text: his

text: act

text: of

text: issuing

text: the

text: warrant

text: was

text: a

text: rubber

text: stamp

text: Martin

text: F

text: d

text: at

text: citing

text: United

text: States

text: v

text: Tagbering

text: F

text: d

text: th

text: Cir

text: This

text: Court

text: concludes

text: that

text: there

text: is

text: no

text: evidence

text: that

text: Judge

text: Warner

text: wholly

text: abandoned

text: his

text: judicial

text: role

text: when

text: issuing

text: the

text: search

text: warrant

text: for

text: room

text: Omission

text: of

text: information

text: from

text: affidavit

text: The

text: good

text: faith

text: exception

text: does

text: not

text: apply

text: when

text: an

text: affiant

text: omits

text: information

text: in

text: her

text: possession

text: that

text: would

text: have

text: weakened

text: the

text: case

text: against

text: the

text: defendant

text: See

text: United

text: States

text: v

text: Davis

text: F

text: d

text: th

text: Cir

text: Here

text: the

text: omission

text: would

text: have

text: strengthened

text: the

text: case

text: against

text: Dodd

text: Any

text: omission

text: must

text: be

text: of

text: information

text: that

text: is

text: not

text: only

text: relevant

text: but

text: dispositive

text: so

text: that

text: if

text: the

text: omitted

text: facts

text: had

text: been

text: included

text: in

text: the

text: affidavit

text: there

text: would

text: not

text: be

text: probable

text: cause

text: Davis

text: F

text: d

text: at

text: At

text: the

text: suppression

text: hearing

text: Smith

text: testified

text: that

text: to

text: the

text: extent

text: she

text: omitted

text: information

text: linking

text: Dodd

text: to

text: room

text: of

text: the

text: Stratford

text: Inn

text: it

text: was

text: a

text: mere

text: oversight

text: There

text: exists

text: no

text: evidence

text: that

text: Smith

text: deliberately

text: or

text: recklessly

text: misled

text: Judge

text: Warner

text: in

text: any

text: manner

text: by

text: omitting

text: information

text: from

text: her

text: affidavit

text: Further

text: there

text: is

text: no

text: evidence

text: nor

text: any

text: indication

text: that

text: Smith

text: intentionally

text: omitted

text: facts

text: that

text: would

text: have

text: defeated

text: a

text: finding

text: of

text: probable

text: cause

text: On

text: the

text: contrary

text: the

text: facts

text: Smith

text: omitted

text: would

text: have

text: provided

text: additional

text: support

text: for

text: the

text: issuance

text: of

text: the

text: warrant

text: See

text: Martin

text: F

text: d

text: at

text: Reasonable

text: reliance

text: on

text: warrant

text: Having

text: determined

text: that

text: of

text: the

text: exceptions

text: to

text: the

text: Leon

text: good

text: faith

text: exception

text: apply

text: the

text: Court

text: reviews

text: whether

text: Smith

text: reasonably

text: relied

text: upon

text: the

text: search

text: warrant

text: The

text: good

text: faith

text: exception

text: requires

text: the

text: court

text: to

text: consider

text: objectively

text: whether

text: a

text: reasonably

text: well

text: trained

text: officer

text: would

text: know

text: that

text: the

text: warrant

text: was

text: illegal

text: despite

text: the

text: magistrate

text: s

text: authorization

text: Leon

text: U

text: S

text: at

text: n

text: S

text: Ct

text: The

text: question

text: arises

text: whether

text: this

text: Court

text: may

text: consider

text: information

text: outside

text: the

text: four

text: corners

text: of

text: the

text: affidavit

text: that

text: was

text: known

text: to

text: Smith

text: and

text: not

text: presented

text: in

text: the

text: affidavit

text: The

text: Fifth

text: Circuit

text: holds

text: that

text: in

text: determining

text: whether

text: the

text: good

text: faith

text: exception

text: applies

text: the

text: reviewing

text: court

text: may

text: consider

text: the

text: affidavit

text: and

text: the

text: circumstances

text: surrounding

text: issuance

text: of

text: the

text: warrant

text: Payne

text: F

text: d

text: at

text: Further

text: a

text: majority

text: of

text: circuits

text: have

text: taken

text: into

text: consideration

text: facts

text: outside

text: the

text: affidavit

text: when

text: determining

text: whether

text: the

text: Leon

text: good

text: faith

text: exception

text: applies

text: See

text: United

text: States

text: v

text: Martin

text: F

text: d

text: th

text: Cir

text: citing

text: United

text: States

text: v

text: Marion

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Danhauer

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Procopio

text: F

text: d

text: st

text: Cir

text: United

text: States

text: v

text: Gahagan

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Owens

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Word

text: No

text: WL

text: th

text: Cir

text: Jan

text: not

text: designated

text: for

text: publication

text: This

text: Court

text: reviewing

text: the

text: totality

text: of

text: the

text: circumstances

text: and

text: considering

text: that

text: Smith

text: was

text: involved

text: in

text: all

text: aspects

text: of

text: the

text: investigation

text: of

text: Dodd

text: finds

text: that

text: she

text: reasonably

text: believed

text: that

text: probable

text: cause

text: existed

text: to

text: execute

text: a

text: search

text: warrant

text: for

text: room

text: Questioning

text: of

text: Dodd

text: before

text: Miranda

text: warnings

text: given

text: Dodd

text: contends

text: that

text: the

text: evidence

text: recovered

text: in

text: room

text: should

text: be

text: suppressed

text: because

text: police

text: officers

text: improperly

text: questioned

text: Dodd

text: about

text: the

text: room

text: key

text: and

text: Dodd

text: answered

text: before

text: the

text: officers

text: gave

text: Dodd

text: his

text: Miranda

text: warnings

text: Smith

text: testified

text: that

text: on

text: March

text: police

text: officers

text: arrested

text: Dodd

text: immediately

text: after

text: she

text: identified

text: him

text: driving

text: into

text: the

text: parking

text: lot

text: of

text: the

text: Jack

text: In

text: The

text: Box

text: in

text: Buda

text: The

text: officers

text: recovered

text: a

text: key

text: in

text: Dodd

text: s

text: pocket

text: during

text: their

text: search

text: incident

text: to

text: Dodd

text: s

text: arrest

text: Before

text: giving

text: Dodd

text: his

text: Miranda

text: warnings

text: the

text: officers

text: asked

text: him

text: where

text: the

text: hotel

text: room

text: was

text: and

text: Dodd

text: responded

text: that

text: it

text: was

text: at

text: the

text: Stratford

text: Inn

text: in

text: San

text: Marcos

text: The

text: Supreme

text: Court

text: recently

text: addressed

text: the

text: Miranda

text: rule

text: and

text: held

text: that

text: a

text: failure

text: to

text: give

text: a

text: suspect

text: Miranda

text: warnings

text: does

text: not

text: require

text: suppression

text: of

text: the

text: physical

text: fruits

text: of

text: the

text: suspect

text: s

text: unwarned

text: but

text: voluntary

text: statements

text: United

text: States

text: v

text: Patane

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: emphasis

text: added

text: Further

text: the

text: Patane

text: court

text: held

text: that

text: potential

text: violations

text: occur

text: if

text: at

text: all

text: only

text: upon

text: the

text: admission

text: of

text: coerced

text: or

text: involuntary

text: unwarned

text: statements

text: into

text: evidence

text: Id

text: at

text: Here

text: there

text: is

text: no

text: evidence

text: that

text: Dodd

text: s

text: statement

text: was

text: coerced

text: nor

text: is

text: there

text: any

text: indication

text: that

text: his

text: statement

text: was

text: given

text: involuntarily

text: This

text: Court

text: finds

text: that

text: the

text: police

text: officers

text: failure

text: to

text: give

text: Dodd

text: his

text: Miranda

text: warnings

text: before

text: asking

text: him

text: where

text: the

text: hotel

text: room

text: was

text: and

text: Dodd

text: s

text: answering

text: them

text: does

text: not

text: prevent

text: the

text: admission

text: into

text: evidence

text: of

text: the

text: subsequently

text: discovered

text: evidence

text: in

text: room

text: which

text: was

text: the

text: fruit

text: of

text: his

text: voluntary

text: statement

text: Issues

text: regarding

text: search

text: of

text: Dodd

text: s

text: residence

text: and

text: computers

text: Dodd

text: also

text: challenges

text: the

text: searches

text: pursuant

text: to

text: warrants

text: of

text: his

text: residence

text: and

text: his

text: computer

text: He

text: contends

text: that

text: because

text: Smith

text: s

text: supporting

text: affidavits

text: for

text: these

text: warrants

text: reference

text: improperly

text: seized

text: evidence

text: from

text: the

text: search

text: of

text: room

text: evidence

text: recovered

text: in

text: the

text: search

text: of

text: his

text: residence

text: and

text: his

text: computer

text: was

text: also

text: recovered

text: illegally

text: and

text: should

text: be

text: suppressed

text: as

text: the

text: fruit

text: of

text: the

text: poisonous

text: tree

text: See

text: Wong

text: Sun

text: U

text: S

text: at

text: S

text: Ct

text: Because

text: this

text: Court

text: concludes

text: that

text: the

text: search

text: of

text: room

text: was

text: valid

text: this

text: Court

text: will

text: deny

text: Dodd

text: s

text: motions

text: to

text: suppress

text: evidence

text: recovered

text: in

text: the

text: searches

text: of

text: his

text: residence

text: and

text: his

text: computer

text: CONCLUSION

text: This

text: Court

text: s

text: conclusion

text: that

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: applies

text: in

text: this

text: case

text: is

text: guided

text: by

text: the

text: rule

text: s

text: purpose

text: to

text: deter

text: unlawful

text: police

text: misconduct

text: See

text: United

text: States

text: v

text: Peltier

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: The

text: exclusionary

text: rule

text: was

text: created

text: to

text: guard

text: against

text: police

text: officers

text: who

text: purposely

text: omit

text: critical

text: facts

text: from

text: searchwarrant

text: affidavits

text: because

text: such

text: facts

text: would

text: not

text: support

text: a

text: finding

text: of

text: probable

text: cause

text: See

text: Martin

text: F

text: d

text: at

text: This

text: is

text: not

text: the

text: case

text: here

text: This

text: Court

text: finds

text: that

text: Smith

text: acted

text: in

text: objective

text: good

text: faith

text: when

text: applying

text: for

text: and

text: executing

text: the

text: warrant

text: This

text: Court

text: finds

text: that

text: Smith

text: did

text: not

text: intentionally

text: omit

text: facts

text: from

text: her

text: affidavit

text: what

text: she

text: did

text: omit

text: would

text: have

text: increased

text: the

text: likelihood

text: that

text: a

text: magistrate

text: would

text: issue

text: a

text: search

text: warrant

text: and

text: that

text: Judge

text: Warner

text: maintained

text: his

text: neutral

text: role

text: in

text: issuing

text: the

text: search

text: warrant

text: for

text: room

text: Dodd

text: s

text: motion

text: to

text: suppress

text: the

text: evidence

text: recovered

text: in

text: room

text: will

text: be

text: denied

text: Accordingly

text: IT

text: IS

text: ORDERED

text: that

text: Defendant

text: Larry

text: Winston

text: Dodd

text: s

text: Motions

text: To

text: Suppress

text: Clerk

text: s

text: Document

text: Nos

text: and

text: are

text: DENIED

text: NOTES

text: When

text: discussing

text: internet

text: conversations

text: Wright

text: will

text: be

text: used

text: to

text: identify

text: the

text: fictitious

text: Shelly

text: Wright

text: with

text: the

text: email

text: address

text: of

text: ShellyWright

text: created

text: by

text: Smith

text: The

text: evidence

text: presented

text: at

text: the

text: September

text: hearing

text: conclusively

text: established

text: that

text: doilarryl

text: was

text: an

text: internet

text: name

text: used

text: by

text: Dodd

text: For

text: clarity

text: this

text: Court

text: will

text: use

text: Dodd

text: to

text: identify

text: the

text: Defendant

text: See

text: Miranda

text: v

text: Arizona

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