United States v. Giles
Decision Date | 17 August 2022 |
Docket Number | 21-20398 |
Parties | UNITED STATES OF AMERICA, Plaintiff, v. KEVIN LAVON GILES, Defendant. |
Court | U.S. District Court — Eastern District of Michigan |
ORDER DENYING GILES': (1) MOTION TO SUPPRESS [ECF No. 71] AND (2) ORAL MOTION FOR BOND
On February 17, 2022, a grand jury returned a Superseding Indictment charging Kevin Lavon Giles (“Giles”) with two counts of sex trafficking of children, one count of sex trafficking by force, fraud, and coercion, and one count of commission of a felony offense involving a minor by a registered sex offender - violations of 18 U.S.C §§ 1591(a) and 2260A. [ECF No. 60].
Giles moves to suppress all evidence seized during the execution of a search warrant at his residence. [ECF No. 71]. The Court heard oral argument on this motion on August 11, 2022. At issue is whether statements, relayed to police by a third-party and uncorroborated by police, sufficiently establish probable cause for a search warrant. This Court finds that they do and DENIES Giles' motion. [ECF No. 71].
Giles challenges the sufficiency of the affidavit supporting the search warrant - i.e., he argues that the affidavit did not establish probable cause to support the warrant. Therefore, except where noted, the Court limits the facts to those contained in the challenged affidavit.
Officer Michael Strunk (“Strunk”) of the Detroit Police Department (“DPD”) applied for the warrant on April 22, 2021. [ECF No. 71-2, PageID.324]. Most of the probable cause portion of the affidavit consists of Strunk restating information that other sources relayed to him. [Id. at PageID.319-22].
One of those sources, a Michigan Child Protective Services (“CPS”) worker assigned to Minor Victim 1 (“MV-1”), obtained her information from conversations with MV-1, Minor Victim 2 (“MV-2”), Giles, and Witness 1, a family friend of MV-1. [Id. at PageID.320-22].
MV-1 spoke with the CPS worker on or about April 21, 2021. [Id. at PageID.322]. The affidavit details the substance of their conversation, as told to Strunk:
The CPS worker informed Strunk that she spoke to Witness 1 around April 21, 2022. [ECF No. 71-2, PageID.321]. The affidavit details what Strunk says she told him about that conversation:
The CPS worker spoke to MV-2 around the same time. [ECF No. 71 2, PageID.321]. The affidavit details the substance of their conversation, as told to Strunk:
The CPS worker's investigation extended to Giles; she spoke to him on or around April 20, 2021. [ECF No. 71-2, PageID.320]. Again, the affidavit details the substance of the conversation with Giles, as told to Strunk:
Strunk also obtained information from MV-1's school, Vista Maria School:
The rest of the probable cause portion of the affidavit details Strunk's experience and investigative efforts. [ECF No. 71-2, PageID.319, 321-22]. The probable cause section also supplies a basis for searching electronically stored information. [Id. at PageID.322-324].
The affidavit thoroughly describes the property “to be searched for and seized” to include a litany of items ranging from computers and electronically stored information to indicia of occupancy and human trafficking. [ Id. at PageID.317-19]. The affidavit describes the place “to be searched” as “12943 Pembroke, Detroit, Michigan 48235” and any detached garages and vehicles. [Id. at PageID.317]. The affidavit describes the external appearance and geographic location of the home. [Id.].
A magistrate judge of the 3rd Circuit Court of Michigan found that the affidavit established probable cause to issue a search warrant for Giles' residence. [ECF No. 71-2, PageID.327].
According to the criminal complaint, on April 24, 2021, members of the Southeast Michigan Trafficking and Exploitation Crimes (“SEMTEC”) Task Force executed the search warrant at Giles' residence. [ECF No. 1, PageID.5]. On arrival, SEMTEC encountered Giles, Adult Victim One (AV-1), and AV-1's one-year-old child. [Id.]. SEMTEC seized cell phones belonging to Giles and AV-1 as well as two security cameras located in Giles' kitchen and bedroom. [ECF No.1, PageID.6].
Forensic review of Giles' cellphones revealed texts between Giles, MV-1, MV-2, and AV-1 that, according to the officer who filed the complaint, allegedly included language consistent with commercial sex trafficking. [Id. at PageID.6-11]. These texts form the basis of the criminal complaint. [ Id.]. III. LEGAL STANDARD
Under the Fourth Amendment, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. amend. IV.
Review of the sufficiency of the evidence supporting probable cause is limited to the information presented in the four corners of the affidavit. United States v. Frazier, 423 F.3d 526, 531 (6th Cir. 2005). “In order to conclude that an affidavit establishes probable cause, the issuing judge must find that ‘given all the circumstances set forth in the affidavit ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.'” United States v. Berry, 565 F.3d 332, 338 (6th Cir. 2009) (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)). A fair probability requires only “reasonable grounds for belief, supported by less than prima facie proof but more than mere suspicion.” United States v. Bennett, 905 F.2d 931, 934 (6th Cir. 1990).
A magistrate may rely on hearsay contained in the affidavit in making a probable cause determination. United States v Johnson, 514 F. App'x. 533, 539 (6th Cir. 2013) (citing United States v. Gunter, 551 F.3d 472, 479 (6th Cir. 20...
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