United States v. Mathis

• Decision Date: 17 July 2018
• Docket Number: Court File No. 18-cr-18 (1) (DWF/LIB)
• Citation: United States v. Mathis, Court File No. 18-cr-18 (1) (DWF/LIB) (D. Minn. Jul 17, 2018)
• Parties: United States of America, Plaintiff, v. Andre Mathis, Jr., Defendant.
• Court: U.S. District Court — District of Minnesota

United States of America, Plaintiff, v. Andre Mathis, Jr., Defendant.

Court File No. 18-cr-18 (1) (DWF/LIB)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

July 17, 2018

REPORT AND RECOMMENDATION

This matter is before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of 28 U.S.C. § 636 and Local Rule 72.1, and upon Defendant Mathis' Motion to Suppress Evidence Obtained as a Result of Searches and Seizures, [DocketNo. 43]; his Motion to Sever Defendant, [DocketNo. 55]; his Motion to Strike Surplusage, [DocketNo. 56]; his Supplemental Motion to Suppress Search and Seizure, [DocketNo. 57], and his Motion to Suppress Statements, [DocketNo. 58].The Court held a Motion Hearing on May 7, 2018, at which the parties requested the opportunity to submit supplemental briefing on the aforementioned Motions.[DocketNo. 65].The supplemental briefing was completed on June 20, 2018, after which Defendant Mathis' Motion to Suppress Evidence Obtained as a Result of Searches and Seizures, [DocketNo. 43]; his Motion to Sever Defendant, [DocketNo. 55]; his Motion to Strike Surplusage, [DocketNo. 56]; his Supplemental Motion to Suppress Search and Seizure, [DocketNo. 57], and his Motion to Suppress Statements, [DocketNo. 58], were taken under advisement.

For the reasons set forth below, the Court recommends that Defendant Mathis' Motion to Suppress Evidence Obtained as a Result of Searches and Seizures, [DocketNo. 43], be DENIED; his Motion to Sever Defendant, [DocketNo. 55], be DENIED without prejudice; his Motion to Strike Surplusage, [DocketNo. 56], be DENIED without prejudice; his Supplemental Motion to Suppress Search and Seizure, [DocketNo. 57], be DENIED; and his Motion to Suppress Statements, [DocketNo. 58], be DENIED.

I.RELEVANT FACTS

DefendantAndre Mathis, Jr., has been criminally charged with one count of conspiracy to commit sex trafficking of a minor; one count of sex trafficking by force, fraud, and coercion; and one count of sex trafficking of a minor.(Indictment, [DocketNo. 19]).The Motion to Suppress Evidence Obtained as a Result of Searches and Seizures, [DocketNo. 43]; the Supplemental Motion to Suppress Search and Seizure, [DocketNo. 57]; and the Motion to Suppress Statements, [DocketNo. 58], pertain to events that took place during law enforcement's investigation of the crimes with which Defendant Mathis has been charged.Because resolutions of the present Motions requires a detailed consideration of the facts related to each encounter between Defendant and law enforcement and the facts related to each search warrant now challenged, a general overview of the underlying facts is provided at the outset of this Report and Recommendation, and additional facts are recited as needed in the analysis sections below.

On July 7, 2017, Duluth Police were asked to assist a probation officer with a check of a GPS unit being used by an individual, Andreia Latrice Brown, who was on probation.([Docket No. 62-10], 2;see, also, Govt. Exh. 14, C_D-file2(2).mp4, 00:00-2:21¹).Ms. Brown was present in her apartment when the officers arrived, and she let them into the apartment; also present inthe apartment was Defendant Mathis.(Id.at 2:00-21, 2:30-47; 4:06-55).While in Ms. Brown's apartment, the police officers discovered a young woman in a closet; ultimately, the young woman was discovered to be a minor runaway, and she left with the police officers.(Id. at 3:30-40, 32:33-39:18).

Duluth Police Officer Pemrick interviewed the minor, "CLD," at Duluth Police Headquarters, and she stated that she had run away from the Solway House in Duluth on June 17, 2017, and that she had met Defendant Mathis and begun staying at Ms. Brown's apartment the same day.(Govt. Exh. 1, [Docket No. 62-1], 2;Govt. Exh. 2, [Docket No. 62-2], 2).CLD also informed Duluth police that she had sex with Defendant Mathis daily, the most recent being that very morning.(Govt. Exh. 1, [Docket No. 62-1], 2).In addition, CLD stated that Defendant Mathis had used cell phones—both text messages and voice calls—to arrange for her to have sex with individuals in exchange for money.(Id.).Defendant Mathis allowed CLD to send text messages to her parents, but he reviewed the text messages before she could send them.(Id. at 2-3).CLD also told police that Defendant Mathis possessed a pink taser that he used to intimidate and threaten her; he had "spark[ed]" the taser and hit her with it.(Id. at 3).

CLD stated that Defendant Mathis had trafficked her on four occasions to a man named "Amos."(Id. at 2).She further explained that Defendant Mathis gave her a "code word" to use if Amos wanted anything other than the services already agreed upon, and Defendant Mathis sat in Amos' living room while CLD had sex with Amos so that he could hear the code word if she used it.(Id. at 2).CLD also told Officer Pemrick that "Amos" took pictures of her with his phone.(Id.).CLD described the apartment of the man named "Amos" and Officer Pemrick, who was familiar with Amos Kiprop Koech(Defendant Koech) through his patrols in DefendantKoech's neighborhood, believed that the man CLD referred to as "Amos" was Defendant Koech.(Id.).

Based upon CLD's statements, Robert Shene of the Duluth Police Department applied for and, in the early hours of the morning of July 8, 2017, obtained a warrant to search Ms. Brown's apartment for items CLD had said were in the apartment, and to collect a buccal swab and a penile swab from Defendant Mathis.(Id. at 1-8).The swabs were collected, Ms. Brown's apartment was searched, and various items were seized by police.

During her July 7, 2017, interview, CLD also informed Officer Pemrick that Defendant Mathis had also "'sold'" her friend, MLF, also a juvenile, to a male named "Sneak," who was missing his left ear.(Govt. Exh. 2, [Docket No. 62-2], 2).Duluth Police subsequently found MLF in the company of an individual who was identified as "Sneak," but MLF denied being sexually trafficked.(Id. at 3).

Investigator Christopher Martin of the Duluth Police Department interviewed MLF on August 1, 2017.(Govt. Exh. 2, [Docket No. 62-3], 9).MLF stated that she had maintained contact with CLD through her Facebook account.(Govt. Exh. 3, [Docket No. 62-3], 9).Investigator Martin thereafter located Facebook accounts for CLD under her name and for Defendant Mathis under the name "Nope Goodie."(Id.).

On August 7, 2017, Investigator Martin applied for and obtained a warrant to forensically search certain cell phones which had been seized pursuant to the July 8, 2017, search warrant referenced above.(Govt. Exh. 2, [Docket No. 62-2]).In addition, on August 22, 2017, Investigator Martin applied for and obtained a warrant to retrieve certain information from Facebook regarding the account under the name "Nope Goodie."(Govt. Exh. 3, [Docket No. 63-3]).

Thereafter, Duluth Police learned through an interview with CLD that she had been communicating with a Facebook user under the name of "Yf Mir" who had helped CLD run away from Sol House in June 2017.(Govt. Exh. 4, [Docket No. 62-4], 6).Through investigation, Investigator Martin came to believe that the "Yf Mir" account belonged to an individual who died in early October 2017, and whom Investigator Martin believed had been at Ms. Brown's apartment shortly before the police arrived on July 7, 2017.(Id.).By reviewing the information obtained through the August 22, 2017, Facebook warrant for the "Nope Goodie" account, Investigator Martin believed that Defendant Mathis might be located in Rock Island, Illinois, or Davenport, Iowa.(Id.).Accordingly, on October 19, 2017, Investigator Martin applied for and obtained another warrant for information from Facebook, including more information about the "Nope Goodie" account and information about the "Yf Mir" account.(Id. at 1-10).

The information gleaned through the various Facebook warrants led law enforcement to believe that Defendant Mathis had left Duluth shortly after CLD was found in and removed from Ms. Brown's apartment.(Govt. Exh. 5, [Docket No. 62-5], 13).Defendant Mathis had been convicted and placed on probation on an unrelated Minnesota State criminal conviction, and he absconded from that probation on July 12, 2017.(Id.).Law enforcement believed he was actively evading them.(Id. at 14).

On January 23, 2018, Defendant Mathis was indicted in the United States District Court for the District of Minnesota, on the charges currently pending.[DocketNo. 1].At the time, his whereabouts were unknown.(Govt. Exh. 5, [Docket No. 62-5], 14).

On March 11, 2018, Defendant Mathis was arrested in Rock Island, Illinois.(Id.).During his arrest, two cellular telephones were seized.(Id.).Special Agent Craig J. Heidenreich of theFederal Bureau of Investigation applied for and obtained warrants to forensically examine the cell phones.(Govt. Exhs. 5 and 6, [Docket Nos. 62-5and62-6]).

Defendant Mathis' present Motion to Suppress Evidence Obtained as a Result of Searches and Seizures, [DocketNo. 43]; his Supplemental Motion to Suppress Search and Seizure, [DocketNo. 57]; and his Motion to Suppress Statements, [DocketNo. 58], challenge the search warrants detailed above, as well as, statements Defendant Mathis made during the July 7, 2017, police presence at Ms. Brown's apartment, and his arrest in Rock Island, Illinois.

II.DEFENDANT'S MOTION TO SUPPRESS EVIDENCE OBTAINED AS A RESULT OF SEARCHES AND SEIZURES, [DOCKETNO. 43]

In his Motion to Suppress Evidence Obtained as a Result of Searches and Seizures, [DocketNo. 43], Defendant limits his challenges to six search warrants, one each issued on July 8, 2017; August 7, 2017; August 22, 2017; and October 19, 2017, and two which were issued on April 18, 2018.[DocketNo. 43].

A.Standards of Review

The Fourth Amendment guarantees the "right of the people to be secure in their persons, houses, papers, and...