550 F.3d 729 (8th Cir. 2008), 08-1523, United States v. Wallace

Docket Nº:08-1523.
Citation:550 F.3d 729
Party Name:UNITED STATES of America, Appellee, v. Frank Jeremy WALLACE, Appellant.
Case Date:December 23, 2008
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 729

550 F.3d 729 (8th Cir. 2008)

UNITED STATES of America, Appellee,

v.

Frank Jeremy WALLACE, Appellant.

No. 08-1523.

United States Court of Appeals, Eighth Circuit.

December 23, 2008

Submitted: Sept. 23, 2008.

Page 730

Angela L. Pitts, AFPD, Little Rock, AR, for appellant.

Kyra E. Jenner, AUSA, Fort Smith, AR, for appellee.

Before BYE, BEAM and COLLOTON, Circuit Judges.

PER CURIAM.

Frank Wallace appeals from the denial of a motion to suppress, challenging the

Page 731

validity of a search warrant that led to the physical evidence used against him. Because the warrant was supported by probable cause, we affirm.

I. BACKGROUND

On November 21, 2006, Detective Bertrand submitted an affidavit in support of an application for a warrant to search Wallace's residence to a Benton County Circuit Judge. In that affidavit, Bertrand stated that on October 27, 2006, the Bentonville Police Department received a complaint from the Arkansas State Police Crimes Against Children Division referencing a hotline call it received that day. Bertrand first summarized the hotline complaint in the affidavit as follows:

[T]he victim ... (11 years old), was visiting the suspect, Frank Wallace (35 years old) at his home in Bentonville. During this time Frank asked ... to pull her shirt up around her neck so he could take pictures of her. Allegedly Frank then offered ... $10.00 to pull her shirt up around her neck. Additionally Frank asked ... to pose in “ suggestive" ways. Ultimately ... posed for the pictures but was fully clothed. The complaint also alleges that Frank offered ... something “ weird" to drink, possibly alcohol.

The affidavit went on to state that Bertrand contacted the alleged victim's father and confirmed that, indeed, the girl recently stayed overnight at Wallace's residence. Bertrand set up an interview with the girl for October 30, 2006, but she did not show up.

On November 20, 2006, the Children's Advocacy Center conducted a rescheduled interview with the girl. While not present in the interviewing room, Bertrand listened to and viewed the live interview by way of closed-circuit video. In the affidavit, Bertrand recited content from the girl's interview, specifically detailing that while at Wallace's residence, Wallace asked the girl to “ take a ‘ dirty’ picture," gave the girl a shirt to change into, which the girl described as “ low cut and more revealing," posed the girl and took pictures. When asked by the interviewer what she meant by a “ dirty" picture, the girl responded “ like what Playboy people do." The girl specifically detailed for the interviewer the poses Wallace placed her in for the photographs. In the interview, the girl further described and drew what she called the “ model area," noting the presence of lighting equipment and blankets as backdrops. Additionally, the girl offered that she viewed another woman's “ private" in a picture on Wallace's computer as well as the photographs of herself that Wallace...

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