United States District Court, M.D. Pennsylvania
WILLIAM W. CALDWELL, District Judge.
We are considering a pre-trial motion to suppress filed by Defendant Daniel Thomas Curran. (Doc. 40). Defendant was indicted on November 20, 2013, for producing child pornography in violation of 18 U.S.C. §§ 2251(a), 2251(e) (Count 1), and possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5(B) (Count 2). In this motion, Defendant asks us to suppress evidence seized from his storage unit. A hearing on the matter was held on April 8, 2014. For the reasons that follow, we will deny the motion.
A. Events Preceding the Search
On September 24, 2013, the Northern York County Regional Police Department (NYCRPD) received a report of suspected child abuse from an individual we will refer to as R.S. (Doc. 46 at 1; Doc. 40-2 at 2). R.S. told police that he had discovered his nine-year-old son, referred to herein as C.S., in his roommate's bed without a shirt. (Doc. 46 at 2; Doc. 40-2 at 2). The roommate, who is Defendant Daniel Curran, had been living with R.S. and his two children for approximately two months. (Doc. 46, Ex. 1). R.S. reported that Defendant moved out of the residence that evening. (Doc. 46 at 2; Doc. 40-2 at 2).
The following morning, police received a complaint from an employee at the West Manchester Mall who reported that Defendant had shown him nude pictures of children on his cell phone. (Doc. 46 at 2; Doc. 40-2 at 3). Defendant reportedly told the employee that the children in the pictures were R.S.'s, that he had sex with both of them, and that the night before, he had almost been caught by their father. (Doc. 46, Ex. 2). This report prompted Detective Hine of the NYCRPD to obtain a search warrant for Defendant's phone. Hine met Defendant in a retail store parking lot and retrieved the phone. (Doc. 46 at 2; Doc. 40-2 at 3). During this meeting, Defendant voluntarily gave Hine an S.D. card and a video camera that he had purportedly been using to surreptitiously record events in C.S.'s bedroom. (Doc. 46 at 3; Doc. 40-2 at 5). Defendant explained that he suspected R.S. was sexually abusing C.S., and intended to catch him on video. (Doc. 46 at 2; Doc. 40-2 at 5).
Later on September 25, R.S. reported to Detective Hine that several items were missing from his home, including: a necklace, bracelet, ring, C.S.'s Nintendo DS, photo albums, a collection of knives, throwing stars, nunchucks, two bayonets, old bullets, and R.S.'s old cell phone. (Doc. 46, Ex. 5; Doc. 40-2 at 7). R.S. also told Hine that Defendant had a storage unit but he was unsure of the location. (Doc. 46, Ex. 5).
On September 26, Hine obtained a warrant to search Defendant's vehicle for the missing items. Detectives Hine and Baker conducted the search on September 27, but the only item found was a diagram of R.S.'s house. (Doc. 46 at 3; Doc. 40-2 at 7-8). At the conclusion of the search, Hine asked Defendant if he had a storage unit, and Defendant stated that he did not. (Doc. 46 at 3; Doc. 40-2 at 8). After the officers and Defendant parted ways, Detective Baker called Capital Self Storage in East York and was advised that Defendant did have a storage unit, and that he was currently at the unit. (Doc. 46 at 3; Doc. 40-2 at 9).
Hine and Baker proceeded immediately to the storage facility. Upon arrival, they encountered Defendant walking toward the exit. (Doc. 46 at 3; Doc. 40-2 at 9). He was looking over his shoulder toward the fence at the back end of the storage facility. (Doc. 46 at 3; Doc. 40-2 at 9). Officer Hine approached Defendant and placed him in investigative detention. (Def. Ex. 100 at 23; Doc. 46, Ex. 5). Hine observed that Defendant's vehicle was parked in an adjacent lot. (Def. Ex. 100 at 23; Doc. 46, Ex. 5). Hine saw three bags lying on the other side of the fence, in the same general area where Defendant's vehicle was parked. (Def. Ex. 100 at 23; Doc. 46, Ex. 5). Defendant told Hine the bags were his, and that he threw them over the fence. (Def. Ex. 100 at 23; Doc. 46, Ex. 5). At this point, Hine read Defendant his Miranda rights, and placed him in the back of the patrol car. (Def. Ex. 100 at 23; Doc. 46, Ex. 5). Hine then inspected the bags. The Walmart tote bag was spilled open, and Hine could see DVD's, a knife, film canisters, and a child's toy. (Def. Ex. 100 at 23; Doc. 46, Ex. 5). Hine opened one of the zipped bags and found a cell phone inside. Defendant confirmed that the cell phone belonged to R.S. (Def. Ex. 100 at 23; Doc. 46, Ex. 5). The detectives then briefly inspected the contents of the bags, loaded them into the police car, and transported them, along with Defendant, to the police station. (Def. Ex. 100 at 23, 46).
Once the bags had been inventoried at the police station, Hine applied for a search warrant to examine the computer and flash drives found therein. (Doc. 46, Ex. 8). This search uncovered numerous images and videos of child pornography, depicting Defendant and C.S. (Doc. 46 at 4-5). Hine also obtained a warrant to search the storage unit for stolen property. (Doc. 46, Ex. 5). During this search, the police found several of R.S.'s belongings, and more items relating to child pornography. (Def. Ex. 100, at 24). A second warrant was obtained specifically to search the unit for child pornography. (Doc. 46, Ex. 7). In total, nearly 400, 000 images of child pornography were found in Defendant's possession. (Doc. 46 at 6). Defendant was indicted for production and possession of child pornography on November 20, 2013. On March 14, 2014, Defendant filed the instant motion to suppress the evidence discovered in the searches of the bags and storage unit.
A. Defendant Did Not Abandon the Bags
The government argues that Defendant lacks a reasonable expectation of privacy in the bags because he abandoned them by throwing them over the fence. Conversely, Defendant contends that he threw the bags over the fence with the intention of retrieving them and loading them into his car. The Fourth Amendment protects individuals from unreasonable searches and seizures. U.S.CONST. amend. IV. However, "[a] warrantless search or seizure of property that has been abandoned' does not violate the fourth amendment." United States v. Thomas , 864 F.2d 843, 845 (D.C. Cir. 1989). Individuals who abandon their property relinquish their expectation of privacy in the abandoned object. Id . To determine whether property has been abandoned, we examine the facts from ...