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United States v. Eisenhour

United States District Court, D. Nevada

August 25, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM GILBERT EISENHOUR, Defendant

RENE L. VALLADARES, Federal Public Defender, State Bar No. 11479, LAUREN D. GORMAN, State Bar No. 11580, Assistant Federal Public Defender, Reno, Nevada, Counsel for WILLIAM GILBERT EISENHOUR.

Page 1029

MOTION TO SUPPRESS EVIDENCE OBTAINED BY WARRANTLESS SEARCH OF CELL PHONE INCLUDING ALL EVIDENCE OBTAINED AS FRUITS OF THE SEARCH

(Evidentiary Hearing Requested)

ROBERT C. JONES.

Certification: This motion is timely filed before September 19, 2014.

Defendant William Gilbert Eisenhour, pursuant to Federal Rules of Criminal Procedure 12(b)(3) and 47 and LRC 47-1, moves to suppress all evidence seized and obtained, both directly and indirectly, including statements and tangible evidence, which are the fruits of the warrantless search of the cellular telephone seized from Mr. Eisenhour.

STATEMENT OF FACTS

The following is a statement of facts as contained in the discovery. The defense reserves the right to challenge these facts.

Page 1030

The investigation began the morning of May 3, 2013 when Reno Sparks Tribal Police Officer Donald Braunworth observed Mr. Eisenhour exit the passenger side of a yellow Volkswagon in the parking lot of Smoke Shop One. After the yellow Volkswagon left the parking lot, Officer Braunworth made a traffic stop on the yellow Volkswagon, identified an unnamed person and advised the unnamed person that he believed that the passenger who had just exited his vehicle was a drug dealer. The unnamed person advised that Billy Eisenhour usually has two or three grams on him a day.

The unnamed person then agreed to act as an informant (CI), accompany the officers to the police station for an interview and provide a written statement about Mr. Eisenhour. Officer Branworth then observed a black tar substance in the vehicle's center console cup holder, which later tested positive for Heroin. In his role as CI, the CI told the tribal police officers that he purchases heroin from defendant, William " Billy" Eisenhour on a daily basis. The CI agreed to make a purchase from Eisenhour later that day. The CI stated he buys $60-$100 worth of heroin from Eisenhour on a daily basis. The CI contacts Eisenhour on Eisenhour's cell phone. The CI meets Eisenhour at the Smoke Shop parking lot. The two of them then drive to a location on 6th Street in Reno where Eisenhour obtains the heroin. After the CI purchases heroin from Eisenhour, Eisenhour drives the CI back to the Smoke Shop and drops him off. Eisenhour has 2-5 grams of heroin on him at any given time. The CI contacts Eisenhour and references a sum of money. Eisenhour replies ok, normal place. This constitutes their agreement for Eisenhour to sell heroin to the CI.

On May 3, 2013, at approximately 6:30 p.m, the CI made contact with Mr. Eisenhour to purchase heroin. The CI drove to the Smoke Shop at the Indian Colony. The CI met Mr. Eisenhour who got into the passenger side of the car. Officers Braunworth and Anthony Hernandez stopped the car with the CI and Mr. Eisenhour. The officers took both the CI and Mr. Eisenhour into custody.

A search of the car and Eisenhour's person resulted in the seizure of a cigarette pack with a baggie containing black tar heroin. The officers also seized a black cellular telephone from Mr. Eisenhour's person. That evidence, along with other items seized, was booked in the evidence room.

On May 7, 2013, the Officer Crawford received evidence from the evidence technician. Included in the evidence received was the cell phone seized from Mr. Eisenhour. Officer Crawford was looking for incriminating evidence. The officer opened the cell phone and reviewed the digital information stored on the phone. The officer found several text messages relating to possible heroin ...


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