United States v. Rider
| Decision Date | 01 July 2022 |
| Docket Number | Crim. 4:20-cr-232-ALM-KPJ |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. CHAD MICHAEL RIDER (#2), Defendant. |
| Court | U.S. District Court — Eastern District of Texas |
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Defendant Chad Michael Rider's (“Defendant”) Motion to Suppress Statements (the “Motion”) (Dkt. 101), wherein Defendant seeks to suppress statements he made to law enforcement. The Government filed a response in opposition to the Motion (Dkt 103), to which Defendant filed a reply (Dkt. 108). The Motion was referred to the undersigned for a Report and Recommendation pursuant to 28 U.S.C. § 636. See Dkt. 109. On June 16, 2022, the parties appeared for a hearing on the Motion (the “Hearing”), during which Detective Joe Adcock (“Detective Adcock”) of the Flower Mound Police Department testified on the Government's behalf. See Dkt. 117. After the Hearing, the parties filed supplemental briefing. See Dkts. 119, 122. Upon consideration, the Court recommends the Motion (Dkt. 101) be DENIED.
In the Spring of 2020, the United States Department of Homeland Security (“HSI”) began investigating the alleged transport of child pornography by individuals in Grayson County, Texas. See Dkt. 101 at 1-2; Dkt. 103 at 1. Through the course of its investigation, HSI identified two target individuals: Defendant and co-defendant David Pettigrew[1] (“Mr. Pettigrew”). See Dkt. 101 at 2; Dkt. 103 at 1-2. On August 19, 2020, Defendant was indicted with violations of 18 U.S.C. §§ 2252A(a)(1) and (b)(1) (Transportation of Child Pornography) and 18 U.S.C. §§ 2251(a) and (e) (Sexual Exploitation of Children a/k/a Production of Child Pornography, Conspiracy). See Dkt. 7. Defendant was arrested shortly thereafter on August 21, 2020. On January 13, 2022, a First Superseding Indictment was filed, which charges Defendant with violating 18 U.S.C. §§ 2251(a) and (e) (), 18 U.S.C. §§ 2251(a) and (e) (), and 18 U.S.C. §§ 2251(a) and (e) (). See Dkt. 96. Defendant-who is scheduled to be tried before a jury beginning July 18, 2022, see Dkt. 106-now seeks to suppress statements made to law enforcement during an interview with Detective Adcock and HSI Special Agent Bruce Donnet (“Agent Donnet” and together with Detective Adcock, the “Interviewers”). See Dkt. 101.
Defendant's residence was searched on August 21, 2020, pursuant to a search warrant. See Dkt. 101 at 3; Dkt. 103 at 2; Dkt. 120, Hearing Transcript (“Hr'g Tr.”) at 6:1-7. Detective Adcock testified approximately twenty law enforcement personnel were present, including: approximately eight officers tasked with entering and searching Defendant's residence; officers from the Anna Police Department, who appeared in a marked police vehicle; a polygrapher; a forensic team; and a team of officers to secure the perimeter of the residence. Hr'g Tr. at 116:5-18. Some of the personnel donned tactical gear, including helmets, vests, and breaching tools. Hr'g Tr. at 43:1325. At least one officer possessed a rifle. Hr'g Tr. at 57:7-8. Agent Donnet was present and had on his person a warrant for Defendant's arrest. See Dkt. 101 at 3; Dkt. 103 at 3; Dkt. 103-1, Interview Transcript ( ) at 110:22-25.
The search began at approximately 6:00 a.m., at which point officers donning tactical gear approached Defendant's residence with guns drawn. Hr'g Tr. at 6:10-19, 56:3-16. Before the officers reached the front door, Defendant's wife and children opened the front door to exit the residence, presumably to leave for school. Hr'g Tr. at 6:17-23. Defendant's wife and children were instructed by law enforcement to remain outside while officers searched the residence. Hr'g Tr. at 10:21-22, 61:23-25. Detective Adcock, who partook in the search of Defendant's residence, testified the officers then entered the residence and cleared the first floor. Hr'g Tr. at 7:16-23. The officers ascended the stairs to the second floor of Defendant's residence, announcing their presence and their possession of a search warrant as they went. Hr'g Tr. at 7:20-8:1. Detective Adcock testified they also called out for Defendant, as the officers had not yet made contact with Defendant. Hr'g Tr. at 8:5-12. Detective Adcock testified it was unusual that they had not yet encountered Defendant by that time, which Detective Adcock stated gave rise to concerns regarding security and destruction of evidence. Hr'g Tr. at 8:18-9:7.
The officers subsequently encountered Defendant on the second floor of the residence as Defendant exited his bedroom. Hr'g Tr. at 9:14-16. Detective Adcock testified the officers' guns were drawn and pointed toward Defendant until he emerged from the bedroom unarmed with his hands raised. Hr'g Tr. at 61:7-10, 111:13-21, 112:21-22. Detective Adcock testified Defendant was then “passed down” the stairs and escorted out of the residence while the officers cleared the second floor. Hr'g Tr. at 9:18-10:5.
After the second floor of the residence was cleared of Defendant and the other children, Detective Adcock exited the residence and observed Defendant with Agent Donnet. Hr'g Tr. at 10:4-10.
Detective Adcock testified Defendant was clothed, Hr'g Tr. at 15:19-20, but was without shoes, Hr'g Tr. at 74:15-20, and Defendant was not handcuffed, Hr'g Tr. at 10:13-14. Detective Adcock further testified that no weapons were drawn, Hr'g Tr. at 10:15-16. Defendant's wife and children were also outside the residence. Hr'g Tr. at 10:21-22.
Detective Adcock and Agent Donnet invited Defendant to speak with them in Agent Donnet's unmarked police vehicle, which was parked on the street, approximately ten to fifteen seconds, walking, from where Defendant was standing. Hr'g Tr. at 95:1-6; 14:3-6; 15:10-12. Defendant agreed, and the parties proceeded to Agent Donnet's vehicle. Hr'g Tr. at 11:1-6. By this time, the sun was up. Hr'g Tr. at 15:16-18. Detective Adcock testified neither he nor Agent Donnet touched Defendant and neither of them had their weapons drawn. Hr'g Tr. at 16:11-17. Detective Adcock testified he and Agent Donnet were both in plain clothes along with a body armor vest, although Detective Adcock testified Agent Donnet removed his vest upon entering the vehicle. Hr'g Tr. at 15:21-16:10. Detective Adcock testified Defendant was “patted down” prior to entering the vehicle to ensure he had no weapons on his person. Hr'g Tr. at 74:23-75:3. Agent Donnet's vehicle was parked facing Defendant's residence, Hr'g Tr. at 16:20-21, and within view of the residence, Hr'g Tr. at 15:13-15. Agent Donnet sat in the driver's seat, Defendant sat in the front passenger's seat, and Detective Adcock sat in the seat behind Agent Donnet. Hr'g Tr. at 16:18-19, 17:5-8. None of the three individuals were seat belted. Hr'g Tr. at 17:3-4. The doors to Agent Donnet's vehicle were not locked, Hr'g Tr. at 17:25-18:1, and Defendant was neither told he was free to leave, Hr'g Tr. at 114:20-23, nor was he told he was not free to leave the vehicle.
While seated in Agent Donnet's vehicle, Detective Adcock and Agent Donnet interviewed Defendant for approximately one hour and twenty-three minutes. See Dkt. 103 at 5; Dkt. 108 at 11.
At the start of the interview, Agent Donnet provided Defendant with a written copy of his Miranda warnings and thereafter read Defendant his Miranda warnings:
Agent Donnet: Okay. Before we ask you any questions, it's my duty to advise you of your rights. Uh, we have the- you have the right to remain silent. Anything you say can be used against you in the court of law or other proceedings. You have the right to consult an attorney before making any statements or answering any questions. You have the right to have an attorney present with you during questioning. If you cannot afford an attorney, one will be appointed, uh, for you before any questions if you wish. If you decide to answer questions now, you still have the right to stop the questioning at any time, or to stop the questioning for the purpose of consulting an attorney.
See I. Tr. at 2:4-22. The written Miranda warnings contained a space where Defendant could sign indicating that he understood his Miranda warnings and chose to waive them. See I. Tr. at 1:222:23; Hr'g Tr. at 23:17-24:2. After Agent Donnet finished reading Defendant his Miranda warnings, Agent Donnet invited Defendant to execute the written waiver, but Defendant declined:
See I. Tr. at 2:22-3:4. Thereafter, Agent Donnet explained to Defendant the reasons underlying the search:
To continue reading
Request your trial