People v. Hellstrom

• Decision Date: 22 December 2004
• Docket Number: Docket No. 252984.
• Citation: 690 N.W.2d 293,264 Mich. App. 187
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Thomas Lennart HELLSTROM, Defendant-Appellant.
• Court: Court of Appeal of Michigan — District of US

690 N.W.2d 293

264 Mich. App. 187

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Thomas Lennart HELLSTROM, Defendant-Appellant.

Docket No. 252984.

Court of Appeals of Michigan.

Submitted August 11, 2004, at Detroit.

Decided October 21, 2004, at 9:10 a.m.

Released for Publication December 22, 2004.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Carl J. Marlinga, Prosecuting Attorney, Robert J. Berlin, Chief Appellate Attorney, and Molly Zappitell, Assistant Prosecuting Attorney, for the people.

Bellanca, Beattie & DeLisle, P.C. (by Frank D. Eaman), Harper Woods, for the defendant.

Before: NEFF, P.J., and SMOLENSKI and ZAHRA, JJ.

SMOLENSKI, J.

Defendant Thomas L. Hellstrom appeals by leave granted the order denying his motion to suppress evidence of child pornography seized from a home computer following the execution of a search warrant. Defendant was charged with four counts of first-degree criminal sexual conduct (CSC I), M.C.L. § 750.520b(1)(a), and four counts of second-degree criminal sexual conduct (CSC II), M.C.L. § 750.520c(1)(a). The instant case gives this Court its first opportunity to determine whether the "good-faith" exception to the exclusionary rule, recently adopted in Michigan,¹ precludes suppression of evidence found during a search of defendant's home. We find that the circumstances presented here are precisely those to which the exception is meant to apply. Therefore, we affirm the trial court's decision, but for a different reason.

I

In defendant's motion to suppress, he challenged the validity of the search on the grounds that (1) the warrant(s) lacked probable cause and (2) the warrant(s) constituted "general warrants" that allowed the police unfettered discretion to seize evidence. The original search warrant described the property to be searched and seized as follows:

2. The property to be searched for and seized, if found is specifically described as: any and all forms of pornography, to include but not limited to all computer generated images and files, photographs, drawings, videotapes, film, printed materials, any sexually explicit material and devices. also to be included all computers, cd's [sic], dvd's [sic], floppy disc[s] all camera's [sic] and camcorders. Any and all equipment used in the storage, manufacturing, gathering or distribution of sexually explicit material. Further[,] any paperwork to establish ownership or residence of all occupants, and any mailing or billing lists related to pornography.

The affidavit to support the search warrant provided the following facts to establish probable cause:

3. The facts establishing probable cause or the grounds for search are:

a) On 03-05-03[,] Detective Bergeron received two different complaints ... of a criminal sexual conduct against the suspect at 30018 Manhattan, St. Clair Shores, Michigan, 48082.

b) Detective Bergeron has been a police officer for the past 15 years. He is currently assigned to the investigations bureau.

c) The named suspect is a resident of the address in question.

d) There are two different victim's [sic] claiming that they were both sexually assaulted by the same suspect.

e) The victim's [sic] are both neighbor's [sic] to the suspect and have been alone with him at 30018 Manhattan in the past.

f) The search of the above listed premises should help to further this investigation.

g) Based on my experince [sic] as a detective investigating sexual assaults it is known that this activity may also lead to the use of pornography for sexual gratification of the suspect.

h) It is aslo [sic] known that child sexual assault predators are known to have items of sexual gratification inside their homes, computers and other devices.

Several computers, videos, DVDs, CDs, and a camera were seized from defendant's home. However, the original search warrant did not authorize the police to look inside the computers that were taken from defendant's home. An amended search warrant was executed, which modified the type of property to be seized or searched, but did not alter the supporting facts in the affidavit. Subsequently, several images of pornographic material depicting children were found on at least one of the computers seized from defendant's home.

In making its probable-cause determination, the trial court took into consideration the affiant's experience as a police officer that items of a pornographic nature were often found in crimes of this type. The court concluded that there was a more than sufficient nexus between the affidavit, evidence, and area to be searched because (1) defendant lived at the location and (2) the complainants alleged that the offenses occurred at defendant's home. The court also held that the warrant was not overly broad under the circumstances because the electronic equipment and accessories identified to be seized all related to devices capable of recording or storing pornography. Accordingly, the court denied defendant's motion to suppress.

II

It is well settled that both the United States Constitution and the Michigan Constitution² "guarantee the right of persons to be secure against unreasonable searches and seizures." People v. Kazmierczak, 461 Mich. 411, 417, 605 N.W.2d 667 (2000). A search or seizure is considered unreasonable when it is conducted pursuant to an invalid warrant or without a warrant where the police officer's conduct does not fall within one of the specific exceptions to the warrant requirement. Id. at 418, 605 N.W.2d 667. Generally, in order for a search executed pursuant to a warrant to be valid, the warrant must be based on probable cause. Id. at 417, 605 N.W.2d 667. Probable cause "exists where there is a `substantial basis' for inferring a `fair probability' that contraband or evidence of a crime will be found in a particular place." Id. at 417-418, 605 N.W.2d 667 (citation omitted). It is also well settled that a search may not stand on a general warrant. People v. Toodle, 155 Mich.App. 539, 548, 400 N.W.2d 670 (1986). A search warrant must particularly describe the place to be searched and the persons or things to be seized. U.S. Const., Am. IV; Const. 1963, art. 1, § 11; M.C.L. § 780.654(1). The purpose of this requirement is to provide reasonable guidance to the officers executing the search with regard to the items to be seized and to prevent unfettered discretion in this determination. People v. Fetterley, 229 Mich.App. 511, 543, 583 N.W.2d 199 (1998).

Ordinarily, if a warrant is determined to be invalid because it lacked a probable-cause basis or was technically deficient in some other manner, any evidence seized pursuant to that warrant, or seized subsequently as a result of the initial illegal search, is inadmissible as substantive evidence in related criminal proceedings. Kazmierczak, supra at 418, 605 N.W.2d 667. Certain exceptions to this exclusionary rule have been recognized in Michigan,³ but our courts had declined to recognize a "good-faith" exception to the exclusionary rule. See, e.g., People v. Scherf, 251 Mich.App. 410, 411, 651 N.W.2d 77 (2002), rev'd 468 Mich. 488, 512-513, 668 N.W.2d 602 (2003); People v. Hill, 192 Mich.App. 54, 56, 480 N.W.2d 594 (1991); People v. Tanis, 153 Mich.App. 806, 813, 396 N.W.2d 544 (1986).

A

Such an exception has been recognized in the federal courts for twenty years as a result of the United States Supreme Court's decision in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). The "good-faith" exception renders evidence seized pursuant to an invalid search warrant admissible as substantive evidence in criminal proceedings where the police acted in reasonable reliance on a presumptively valid search warrant that was later declared invalid. Id. at 905, 104 S.Ct. 3405. Recently, relying on the reasoning put forth in the Leon decision, our Supreme Court, in People v. Goldston, 470 Mich. 523, 682 N.W.2d 479 (2004), adopted the good-faith exception to the exclusionary rule.

In Goldston, the defendant was observed impersonating a firefighter allegedly raising money for his colleagues in New York after the September 11, 2001, terrorist attacks. Following a search of his home, the defendant was charged with larceny by false pretenses, two counts of possession of marijuana, possession of a firearm during the attempt or commission of a felony, and felon in possession of a firearm. The defendant filed a motion to suppress evidence, which the trial court granted. "The court ruled that the search warrant affidavit did not connect the place to be searched with defendant and did not state the date that the police observed defendant soliciting money." Id. at 527, 682 N.W.2d 479. Thus, the court concluded that the affidavit did not establish the probable cause necessary to issue a warrant and, accordingly, dismissed all charges against the defendant except the charge of larceny by false pretenses. Id. The Court of Appeals denied leave to appeal, but our Supreme Court granted leave limited to the question whether Michigan should adopt the good-faith exception to the exclusionary rule. People v. Goldston, 467 Mich. 939, 655 N.W.2d 232 (2003).

In addressing the question whether to adopt the good-faith exception in Michigan, our Supreme Court analyzed the Leon decision. In Leon, the Court found that the exclusionary rule was not derived from the text of the Fourth Amendment, but rather was a judicially created remedy. Goldston, supra at 528-529, 682 N.W.2d 479, citing Leon, supra at 906, 104 S.Ct. 3405. Therefore, application of the remedy involved weighing its benefits and costs. Id. at 529, 682 N.W.2d 479. "The primary benefit of the exclusionary rule is that it deters official misconduct by removing incentives to engage in unreasonable searches and seizures." Id. The Court concluded that "`the marginal or nonexistent benefits produced by suppressing evidence obtained in objectively reasonable reliance on a subsequently invalidated search warrant...