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United States v. Warren

United States District Court, W.D. Pennsylvania

January 13, 2020

UNITED STATES OF AMERICA
v.
DONNELL WARREN, Defendant.

          MEMORANDUM ORDER

          Cathy Bissoon United States District Judge

         Pending before the Court is Defendant Donnell Warren's Motion to Suppress Evidence and Statements with Citation to Authority (“Motion to Suppress, ” Doc. 58). For the reasons that follow, the Motion to Suppress is DENIED.

         I. Memorandum

         Defendant filed this Motion to Suppress on the grounds that all statements, evidence and fruits of evidence obtained from searches of a residence in which he was an overnight guest, a hotel room and several cell phones, violated the Fourth Amendment. Specifically, Defendant asserts the following:

• The protective sweep conducted as part of Defendant's November 2016 arrest was unlawful;
• Even if the protective sweep were lawful, that the sweep exceeded its permissible scope when law enforcement lifted up a mattress as part of the sweep;
• The consent for a search provided by the leaseholder of the residence at which Defendant was an overnight guest incident to Defendant's November 2016 arrest was not made freely and voluntarily;
• Defendant's statements following the discovery of items after this search are fruit of the violations of the Fourth Amendment and must be suppressed;
• Law enforcement's search warrant to examine a phone found during the November 2016 arrest which purported to belong to Defendant is fruit of the same violations and must be suppressed;
• The search warrant for the phone was unsupported by probable cause and was overbroad and in violation of the Fourth Amendment;
• Items seized from a consent search of a hotel room at the time of Defendant's June 2017 arrest must be suppressed; and
• The search warrant for the phones found incident to Defendant's June 2017 arrest was unsupported by probable cause and was overbroad and in violation of the Fourth Amendment.

         The Government filed an Opposition to Motion to Suppress (“Gov. Opp.” Doc. 60) arguing that the sweep, consent search and Mr. Warren's voluntary post-Miranda statements associated with the November 2016 arrest were valid; that the consent search incident to the June 2017 arrest was valid; and that the search warrant for all cell phones found was valid. The Court held a hearing on these issues on December 17, 2019 (“Suppression Hearing”), at which the Government called three witnesses to testify: Special Agent Michael Namey, Deputy U.S.

         Marshal Sean Kiley and Deputy U.S. Marshal Brandon D'Alessandro. After the hearing, the Court ordered post-hearing briefing, and Defendant filed a Post Hearing Brief in Support of Suppression (“Def. Post-Hearing Brief, ” Doc. 70) and the Government also filed a Post-Hearing Brief on Motion to Suppress (“Gov. Post-Hearing Brief, ” Doc. 69). The Court will address each of Defendant's arguments in turn.

         1. ...


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