Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Pruitt

United States District Court, D. Nevada

September 25, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BRANDON LAMAR PRUITT, Defendant.

          ORDER AND REPORT & RECOMMENDATION (DOCKET NO. 36)

          NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE.

         This matter was referred to the undersigned Magistrate Judge on Defendant Brandon Lamar Pruitt's motion to suppress. Docket No. 36. On August 14, 2017, the Court held an evidentiary hearing on Defendant's motion. Docket No. 65. The Court has considered Defendant's motion, the United States' response, Defendant's reply, the evidence adduced at the evidentiary hearing on this matter, and the parties' arguments. Docket Nos. 36, 42, 44, 65.[1]

         I. BACKGROUND

         A. Testimony of Detective Chapman

         On July 21, 2016, Las Vegas Metropolitan Police Department (LVMPD) Detective Travis Chapman assisted other LVMPD officers in executing a search warrant at 7200 Pirates Cove, Building 24, apartment 2081. Hearing Tr. (8/14/2017) at 10:13 a.m., 10:22 a.m. When officers arrived to execute the search warrant, a juvenile female was present inside the residence. Hearing Tr. (8/14/2017) at 10:25a.m. As part of the execution of the warrant, Detective Chapman searched the master bedroom of the residence. Hearing Tr. (8/14/2017) at 10:13 a.m., 10:24 a.m. In that master bedroom, Detective Chapman found narcotics and firearms, as well as several pieces of jewelry that had been stolen in a burglary. Hearing Tr. (8/14/2017) at 10:13 a.m., 10:26 a.m. He also found a California driver's license in the name of Defendant Brandon Pruitt in the master bedroom. Hearing Tr. (8/14/2017) at 10:14 a.m., 10:25 a.m.

         During the search, Detective Chapman found a journal in the hallway closet. Hearing Tr. (8/14/2017) at 10:14 a.m., 10:27 a.m., 10:35 a.m. The journal contained a picture of Defendant, as well an entry in the journal about Defendant taking a female from a different location, as well as text that indicated the female was possibly a prostitute and Defendant was her pimp. Hearing Tr. (8/14/2017) at 10:14 - 10:15 a.m. Detective Chapman did not seize the journal at that time, as it was not relevant to why the officers were searching the residence, and the female who owned the journal was not there at that time. Hearing Tr. (8/14/2017) at 10:15 a.m. At that point, Detective Chapman did not think the journal had evidentiary value. Hearing Tr. (8/14/2017) at 10:27 a.m. When Detective Chapman and the other officers finished executing the search warrant on July 21, 2016, they left the residence. Hearing Tr. (8/14/2017) at 10:15 a.m. Defendant was taken into custody as well. Hearing Tr. (8/14/2017) at 10:23 a.m.

         Detective Chapman subsequently listened to jail calls between Defendant and a few females. Hearing Tr. (8/14/2017) at 10:15 a.m., 10:27 a.m. The conversations in the calls included discussions related to prostitution, as well as to Defendant directing one of the females to take some jewelry that they had recently acquired to the swap meet to be appraised for sale. Hearing Tr. (8/14/2017) at 10:15 - 10:16 a.m., 10:28 - 10:31 a.m. Some of the conversations indicated that one of the females had stolen jewelry on her person at the time of the execution of the search warrant. Hearing Tr. (8/14/2017) at 10:31 a.m. Defendant told one of the females that she needed to continue the business and she knows what he needs her to do, which sounded to Detective Chapman like a common pimp/prostitute conversation. The female was screaming and sounded terrified. Hearing Tr. (8/14/2017) at 10:29 a.m. In part of one conversation, Defendant asked what had been seized from the residence. Hearing Tr. (8/14/2017) at 10:29 a.m. Detective Chapman believed that the jewelry discussed was related to the jewelry that law enforcement was looking for when it executed the search warrant at Defendant's residence on July 21, 2016. Hearing Tr. (8/14/2017) at 10:16 a.m. Prior to executing the search warrant, Detective Chapman had been given information that, during a traffic stop of Defendant, a female fled and had not been located. Based on the jail calls, Detective Chapman believed that one of the females was the one who had fled and was now located at the residence. Hearing Tr. (8/14/2017) at 10:16 a.m., 10:29 - 10:30 a.m.

         After listening to the jail calls, and because of their content, Detective Chapman returned to the residence on July 22, 2016 to retrieve the stolen property. Hearing Tr. (8/14/2017) at 10:16 a.m., 10:31 a.m. When he knocked on the door, two females - a white female and a black female - opened it. Hearing Tr. (8/14/2017) at 10:17 a.m., 10:32 a.m., 10:40 a.m.[2] Both females said that they lived at the residence. Hearing Tr. (8/14/2017) at 10:32 - 10:33 a.m., 10:45 a.m. When the detectives started talking about the female that ran from the vehicle stop the night before and the stolen jewelry, the black female invited them into the residence because she did not want to talk on the patio where the neighbors might be able to hear the discussion. Hearing Tr. (8/14/2017) at 10:17 a.m., 10:33 a.m., 10:45 a.m., 10:47 a.m. Detective Chapman separated the two females, and spoke with the white female in the dining room. She started to talk about wanting to get out of prostitution and, when she indicated that she did not want to speak in front of the black female who was related to Defendant, which gave the white female concern about retaliation, she and Detective Chapman went into the master bedroom to talk. Hearing Tr. (8/14/2017) at 10:17 a.m., 10:33 - 10:34 a.m.

         The female used a false name to identify herself to Detective Chapman. Hearing Tr. (8/14/2017) at 10:18 a.m., 10:34 a.m. During the conversation, the female told Detective Chapman that Defendant was “working her, ” which the detective explained was a street term for prostitution. Hearing Tr. (8/14/2017) at 10:34 a.m. Detective Chapman asked the female if she wanted to get out of prostitution, and she said she did. Hearing Tr. (8/14/2017) at 10:34 a.m. During the conversation about leaving prostitution, the female was “frantically crying about it and terrified.” Hearing Tr. (8/14/2017) at 10:34 a.m.[3] Detective Chapman said that he noticed a journal in the closet the night before and asked if it was hers; she said it was. Hearing Tr. (8/14/2017) at 10:18 a.m., 10:34 a.m. The text of the journal demonstrated that the female was “very involved in prostitution, ” and that Defendant was most likely her pimp. Hearing Tr. (8/14/2017) at 10:18 a.m. Detective Chapman believed that the journal belonged to this female because of the way that it was decorated, and because the text was in her own words telling her story about her relationship with Defendant. Hearing Tr. (8/14/2017) at 10:18 a.m. Additionally, the journal contained magazine clippings, as well as a picture of the female either on the front or inside of the journal. Hearing Tr. (8/14/2017) at 10:19 a.m., 10:49 a.m. Further, the female acknowledged that the journal was, in fact, her journal and that she had written the journal entries, and she spoke with the detective about the contents of the journal. Hearing Tr. (8/14/2017) at 10:19 a.m., 10:49 a.m. The female told Detective Chapman that she and Defendant were dating. Hearing Tr. (8/14/2017) at 10:35 a.m. The female also told Detective Chapman about some stolen jewelry in the master bedroom that had been missed during the execution of the search warrant the day before, so Detective Chapman seized that jewelry. Hearing Tr. (8/14/2017) at 10:19 a.m.

         Detective Chapman asked the female to go to the station with him, and asked if they could take the journal with them. Hearing Tr. (8/14/2017) at 10:20 a.m., 10:34 a.m., 10:35 a.m. The female said they could take the journal as long as she could get it back at some point. Hearing Tr. (8/14/2017) at 10:20 a.m., 10:50 a.m. The female voluntarily handed her journal to Detective Chapman so that they could take it to the station and review its contents. Hearing Tr. (8/14/2017) at 10:37 a.m. The female consented to Detective Chapman taking the journal to the station. Hearing Tr. (8/14/2017) at 10:50 a.m. Therefore, Detective Chapman transported both the female, along with her purse or wallet and the journal, to the Northwest Area Command, where he interviewed her. Hearing Tr. (8/14/2017) at 10:20 a.m., 10:35 a.m., 10:43 a.m.[4] During the ride to the station, the journal sat between Detective Chapman and the female. Hearing Tr. (8/14/2017) at 10:37 a.m. Once they arrived at the station, Detective Chapman carried the journal inside. Hearing Tr. (8/14/2017) at 10:37 a.m.

         At some point while she was at the station, Detective Chapman learned the female's true identity, and that she was a juvenile. Hearing Tr. (8/14/2017) at 10:20 a.m., 10:37 a.m. At that point, Detective Chapman read the female her juvenile Miranda rights and arrested her for providing false information so that she would not end up back on the street. Hearing Tr. (8/14/2017) at 10:20 -10:21 a.m., 10:36 a.m. The juvenile was then transported, along with her journal and other property, to juvenile hall. Hearing Tr. (8/14/2017) at 10:21 - 10:22 a.m., 10:38 p.m. Detective Chapman never obtained a search warrant for the journal, as the owner consented to his taking it. Hearing Tr. (8/14/2017) at 10:38 a.m., 10:50 a.m.

         B. Testimony of Detective Morton

         In July 2016, LVMPD Detective Larry Morton was assigned to the Northwest Area Command. Hearing Tr. (8/14/2017) at 10:52 a.m. On July 20, 2016, he was assigned to a case regarding suspected burglary and forgery/theft. Hearing Tr. (8/14/2017) at 10:53 a.m. As part of his investigation, Detective Morton applied for, and received, a telephonic search warrant for the residence located at 7200 Pirates Cove, Building 24, apartment 2081. Hearing Tr. (8/14/2017) at 10:53 a.m.; Government Exhibit 1.

         The investigation began at a Citibank in Las Vegas, and Detective Morton conducted interviews with various people. Hearing Tr. (8/14/2017) at 10:53 - 10:54 a.m. One of the interviews was of Alexis Tyler, who had been arrested at Citibank for attempting to cash a check that had been taken in a burglary earlier that day, and taken to Northwest Area Command, where Detective Morton interviewed her. Hearing Tr. (8/14/2017) at 10:54 - 10:55 a.m., 11:43 a.m. Detective Morton audio-recorded this interview, which lasted over one hour. Hearing Tr. (8/14/2017) at 11:44 a.m. Detective Morton included information provided to him by Ms. Tyler during this interview in his search warrant affidavit. Hearing Tr. (8/14/2017) at 10:56 a.m. The affidavit states that Ms. Tyler told Detective Morton that she was given the check by a black male named Q, who drives a white mini Cooper. Hearing Tr. (8/14/2017) at 10:56 a.m. The affidavit further states that the mini Cooper was white with a black stripe, and that bank employees observed the vehicle drop Ms. Tyler and Ronnell Smith off at the bank. Hearing Tr. (8/14/2017) at 10:56 a.m. The affidavit also states that Ms. Tyler “directed officers to where she knew Q to live which was 7200 Pirates Cove building 24 apartment 2081.” Hearing Tr. (8/14/2017) at 10:57 a.m., 11:34 a.m.; Docket No. 36-1 at 12.

         Ms. Tyler never told Detective Morton the specific address of the residence. Hearing Tr. (8/14/2017) at 10:57 a.m. Rather, she gave officers “turn-by-turn directions” to the residence while looking at a map of the area. Hearing Tr. (8/14/2017) at 10:57 a.m., 11:48 a.m. - 11:51 a.m. Detective Morton pulled up the map of the area on his cell phone based on Ms. Tyler's description of the intersection where the apartment was located. Hearing Tr. (8/14/2017) at 12:09 p.m. Ms. Tyler directed officers to where she believed the mini Cooper would be parked and, from there, gave them information as to how to get to the apartment complex and, further, how to get to the apartment itself once in the complex. Hearing Tr. (8/14/2017) at 10:57 - 10:58 a.m., 12:08 p.m., 12:10 p.m. Ms. Tyler's information was “very specific” - she told officers where to pull into the complex and where the vehicle would be parked on the left side under covered parking; she described the pathway between two buildings leading up the stairs to the apartment, as well as where the apartment was located in the building. Hearing Tr. (8/14/2017) at 10:58 a.m., 12:08 - 12:09 p.m. From his knowledge of the area, Detective Morton knew the intersection Ms. Tyler described, as well as the apartment complex, which is how he pulled the map up on his cell phone. Hearing Tr. (8/14/2017) at 12:10 p.m.

         Ms. Tyler did not know the kind of car she had been in, but described it as white and small, box-shaped, with black interior and two doors. Hearing Tr. (8/14/2017) at 11:01 - 11:02 a.m., 11:45 a.m. Bank employees saw the vehicle dropping off Ms. Tyler and Ronnell Smith and described it as a black mini Cooper to officers, which Detective Morton included in his search warrant affidavit. Hearing Tr. (8/14/2017) at 12:11 p.m. - 12:13 p.m. Ms. Tyler said that Q lived in the apartment. Hearing Tr. (8/14/2017) at 11:02 a.m., 11:34 a.m. Ms. Tyler said that jewelry and narcotics were inside the apartment. Hearing Tr. (8/14/2017) at 11:02 a.m., 12:00 p.m. Ms. Tyler also said that Q wrote her name on the stolen check and signed it. Hearing Tr. (8/14/2017) at 11:35 a.m.

         Detective Morton contacted other officers and gave them the directions Ms. Tyler had given. These officers were able to locate the white mini Cooper parked in the exact location Ms. Tyler had described. Hearing Tr. (8/14/2017) at 11:03 a.m., 11:04 a.m., 11:45 a.m., 12:08 p.m. The vehicle was parked under covered parking, which Detective Morton assumed was reserved for residents of the complex. Hearing Tr. (8/14/2017) at 11:45 a.m. The covered parking spot was not, however, marked by apartment number. Hearing Tr. (8/14/2017) at 11:46 a.m. The officers then conducted surveillance of both the vehicle and the pathway to the apartment described by Ms. Tyler. Hearing Tr. (8/14/2017) at 11:03 a.m. The officers conducted surveillance on a range of apartments in the vicinity of the pathway. Hearing Tr. (8/14/2017) at 11:54 a.m. The officers' surveillance corroborated Ms. Tyler's descriptions of the apartment, the vehicle, and where it was parked, as well as the proximity to the apartment from where the vehicle was parked and the association between the apartment and the vehicle. Hearing Tr. (8/14/2017) at 12:10 p.m. - 12:11 p.m.

         During their surveillance, the officers observed Defendant Brandon Pruitt exit apartment 2081, the apartment described by Ms. Tyler. Hearing Tr. (8/14/2017) at 11:03 a.m., 11:54 a.m. -11:55 a.m. When Defendant exited the apartment, he was accompanied by a female. Hearing Tr. (8/14/2017) at 11:04 a.m. Defendant and the female entered the vehicle and drove it away from the location. Hearing Tr. (8/14/2017) at 11:05 a.m. Defendant matched the description given by Ms. Tyler, exited the apartment described by Ms. Tyler, and drove off in the car described by Ms. Tyler, that was parked in the location described by Ms. Tyler. Hearing Tr. (8/14/2017) at 11:54 a.m. -11:55 a.m., 11:59 a.m., 12:09 p.m. Officers conducted a stop of the vehicle, and Defendant and the female both fled on foot. Hearing Tr. (8/14/2017) at 11:05 a.m. Defendant was later apprehended hiding in the area by officers and a K9 unit, and was arrested. Hearing Tr. (8/14/2017) at 11:05 a.m.

         Defendant was transported to Northwest Area Command, where Detective Morton and Detective Bundy interviewed him. Hearing Tr. (8/14/2017) at 11:06 a.m. Detective Morton included some of the information given to him by Defendant in his search warrant affidavit. Hearing Tr. (8/14/2017) at 11:06 a.m. At first, Defendant refused to identify himself at all. Hearing Tr. (8/14/2017) at 11:41 a.m. He then identified himself as Matisia Hamilton, and also told the detectives that cocaine, and possibly methamphetamine, are being sold out of apartment 2081. Hearing Tr. (8/14/2017) at 11:06 - 11:07 a.m., 11:41 a.m.

         Although Defendant was given, and waived, his Miranda rights, he was asked questions regarding his identity prior to the rights being given. Hearing Tr. (8/14/2017) at 11:09 - 11:16 a.m.; Government Exhibit 3. The questions asked prior to Miranda were “general pre-booking questions.” Hearing Tr. (8/14/2017) at 11:17 a.m. The questions are related to information that detectives “need to know” - they need to know the identity of the person to whom they are speaking, and they also need to know the identity of the person they are booking so that all of the appropriate documents have the correct name. Hearing Tr. (8/14/2017) at 11:17 a.m. Therefore, prior to Miranda, for approximately seven minutes, detectives asked Defendant for his name, criminal history, military history, place of birth, and tattoos in order to determine that he was telling the truth about his identity. Hearing Tr. (8/14/2017) at 11:17 a.m., 11:43 a.m., 12:05 p.m. Additionally, the detectives informed Defendant that, under Nevada law, lying to a police officer about his identity is a crime. Hearing Tr. (8/14/2017) at 11:18 a.m. Defendant nonetheless maintained that his name was Matisia Hamilton. Hearing Tr. (8/14/2017) at 11:18 a.m., 11:40 a.m.

         Detective Morton also asked Defendant more questions concerning his identity post-Miranda, because he had looked at the identifiers for the name Matisia Hamilton and was still not completely certain that Defendant had given officers his correct name. Hearing Tr. (8/14/2017) at 12:06 p.m. For example, a tattoo was listed for Matisia Hamilton. Hearing Tr. (8/14/2017) at 12:06 p.m. Defendant explained away Detective Morton's concerns about his identity - he stated that he had had a fake tattoo at the time of his prior arrest. Hearing Tr. (8/14/2017) at 12:06 p.m. Defendant's responses regarding his identity were unusual, but plausible enough that the detectives thought they were on the right track. Hearing Tr. (8/14/2017) at 12:07 p.m.

         Prior to Miranda, Detectives did not provide any other information to Defendant about the case because they did not know who he was and did not want to give him the opportunity to discuss or talk about or explain away any of the information they had. Hearing Tr. (8/14/2017) at 11:18 a.m. Additionally, detectives did not ask Defendant anything about the facts of the case prior to Miranda. Hearing Tr. (8/14/2017) at 11:18 a.m. Post-Miranda, detectives interviewed Defendant about the case. Hearing Tr. (8/14/2017) at 11:19 a.m.

         During his interview, Defendant told the detectives that more than one person is selling cocaine, and possibly methamphetamine, out of apartment 2081. Hearing Tr. (8/14/2017) at 11:19 a.m. Detective Morton told Defendant that he had information that Defendant had been inside the apartment. Hearing Tr. (8/14/2017) at 11:20 a.m. Although the number of the apartment was never mentioned, Detective Morton was speaking about apartment 2081. Hearing Tr. (8/14/2017) at 11:20 a.m. Detective Morton had information that Defendant was connected to that apartment, as the surveilling officers saw Defendant “come from” that apartment. Hearing Tr. (8/14/2017) at 11:20 a.m. Detective Morton told Defendant that he knew Defendant had come out of the apartment, gotten into the vehicle, and fled the scene of the traffic stop. Hearing Tr. (8/14/2017) at 11:20 a.m. Defendant said that he was at the apartment that day solely for a drug transaction. Hearing Tr. (8/14/2017) at 11:21 a.m. Defendant said that the people at the apartment wanted to purchase pills from him, but he did not want to engage in that transaction. Hearing Tr. (8/14/2017) at 11:21 a.m. Defendant engaged in a long conversation with the detectives about buying and selling narcotics. Hearing Tr. (8/14/2017) at 11:21 a.m. Defendant said he went to the apartment to purchase cocaine or a crystal substance, which is methamphetamine. Hearing Tr. (8/14/2017) at 11:21 a.m.

         During their surveillance of the apartment, officers also saw Quantavious Parker (“Q”) walk up to the apartment and knock on the door; when no one answered the door, he walked away from the apartment. Officer then stopped him. Hearing Tr. (8/14/2017) at 11:22 a.m., 11:31 a.m., 11:33 -11:34 a.m. These actions “confirmed” that Q “was connected to that apartment.” Hearing Tr. (8/14/2017) at 11:22 a.m. Officers noted that a strong odor of marijuana emanated from the apartment when they contacted Q, and this information was included in the search warrant affidavit. Hearing Tr. (8/14/2017) at 11:23 - 11:24 a.m. This odor corroborated the statements of both Ms. Tyler and Defendant that narcotics were being sold from the apartment. Hearing Tr. (8/14/2017) at 11:23 a.m. Detective Morton conducted a recorded interview of Q. Hearing Tr. (8/14/2017) at 11:24 a.m. The detective included some of the information Q provided during that interview in his search warrant affidavit. Hearing Tr. (8/14/2017) at 11:24 a.m. The affidavit states that Q stated that Matisia was selling narcotics out of the apartment. Hearing Tr. (8/14/2017) at 11:24 a.m., 11:39 a.m. During the interview, however, detectives asked Q if he knew Matisia, but mispronounced the name as Matthias; Q said he did not know anyone by that name. Hearing Tr. (8/14/2017) at 11:39 a.m., 12:01 p.m.

         Additionally, Q denied living at the apartment, but admitted to living in the apartment complex. Hearing Tr. (8/14/2017) at 11:25 a.m., 11:37 - 11:38 a.m., 12:03 p.m. Officers did not conduct further investigation of the apartment in which Q said that he lived. Hearing Tr. (8/14/2017) at 12:14 p.m. Q said that Brandon and Alexis are the only one who have the keys to the apartment. Hearing Tr. (8/14/2017) at 11:56 a.m., 11:58 a.m. Q told the detective that narcotics are sold from and located inside the apartment. Hearing Tr. (8/14/2017) at 11:27 a.m. Detective Morton did not include the information regarding Q's denial that he lived at the apartment in his affidavit because the information is not relevant to establishing probable cause that narcotics are being sold out of the apartment. Hearing Tr. (8/14/2017) at 11:25 a.m., 11:38 a.m.

         Prior to Detective Morton's effort to obtain a search warrant for apartment 2081, Ms. Tyler told him that evidence of crimes and/or contraband were located in the apartment. Hearing Tr. (8/14/2017) at 12:00 p.m. Additionally, Q told Detective Morton that evidence of a crime and/or contraband were located inside apartment 2081. Hearing Tr. (8/14/2017) at 12:00 p.m. Further, Defendant told Detective Morton that evidence of a crime and/or contraband were located inside apartment 2081. Hearing Tr. (8/14/2017) at 12:00 p.m. Ms. Tyler told Detective Morton that Ronnell, Q, the “main guy, ” and maybe one or two females lived in the apartment. Hearing Tr. (8/14/2017) at 12:00 p.m. Q told Detective Morton that Brandon and Alexis lived in the apartment. Hearing Tr. (8/14/2017) at 11:56 a.m., 11:58 a.m. Defendant told Detective Morton that the only person he knew lived in the apartment was someone named Bob, and that he did not know Q or Ronnell. Hearing Tr. (8/14/2017) at 12:01 p.m.

         In his search warrant application, Detective Morton requested, and received, authority to seize items of personal identification or possessory items. Hearing Tr. (8/14/2017) at 11:26 a.m. He did so because those items allow law enforcement to ascertain who lives at the residence and who has dominion and control over the property. Hearing Tr. (8/14/2017) at 11:26 a.m.

         Detective Morton did not include information that identifiers for Matisia Hamilton did not match Defendant in his search warrant affidavit. Hearing Tr. (8/14/2017) at 11:41 - 11:43 a.m. If someone lies to Detective Morton about his identity, Detective Morton does not discredit all other information that person gives him. Hearing Tr. (8/14/2017) at 12:07 p.m. Rather, Detective Morton makes attempts to corroborate the other information, which is what happened in the instant case. Hearing Tr. (8/14/2017) at 12:07 p.m. Detective Morton found that the statements of Defendant, Q, Alexis Tyler, and Ronnell Smith were consistent with each other and corroborated each other regarding the possession and sales of narcotics and possession of stolen property in apartment 2081. Hearing Tr. (8/14/2017) at 12:08 p.m.

         Detective Morton applied for the telephonic search warrant on July 20, 2016, at 11:06 p.m. Hearing Tr. (8/14/2017) at 11:27 - 11:28 a.m. Prior to applying for the search warrant, no law enforcement officer conducted a protective sweep of the residence. Hearing Tr. (8/14/2017) at 11:31 a.m. While Detective Morton applied for the search warrant, officers froze the premises; during this freeze, no one was allowed in or out of the apartment, including its occupants. Hearing Tr. (8/14/2017) at 11:59 a.m. When he applied for the search warrant, Detective Morton included a nighttime clause in the affidavit. Hearing Tr. (8/14/2017) at 11:28 a.m., 11:30 a.m. He did so because freezing an apartment for an extended period of time would cause a greater intrusion on the residents of the apartment than executing a search warrant during nighttime hours as the residents could not use or access the property. Hearing Tr. (8/14/2017) at 11:28 a.m., 11:59 a.m. Also, his team did not have the personnel or the ability to sit on the apartment overnight. Hearing Tr. (8/14/2017) at 11:28 a.m. Further, there is the possibility that evidence, such as narcotics and fingerprints, could be lost or destroyed, though these concerns would be diminished if law enforcement froze the property Hearing Tr. (8/14/2017) at 11:28 - 11:29 a.m., 11:31 a.m., 11:33 a.m. If Detective Morton had not obtained the nighttime clause, LVMPD would have had to freeze the premises until the morning. Hearing Tr. (8/14/2017) at 11:29 a.m. LVMPD froze the apartment during the period of time it took Detective Morton to obtain the search warrant. Hearing Tr. (8/14/2017) at 11:32 - 11:33 a.m.

         The search warrant was executed during nighttime hours on July 20-21, 2016. Hearing Tr. (8/14/2017) at 11:29 a.m. During the execution of the search warrant, law enforcement officers recovered stolen property that was later identified by the victim of the stolen check, as well as narcotics and stolen firearms. Hearing Tr. (8/14/2017) at 11:30 a.m. Further, officers found luggage containing Defendant's identification with his true name in the first bedroom off the living room. Hearing Tr. (8/14/2017) at 11:26 a.m. Officer Morton immediately recognized the photograph on the identification as that of Defendant. Hearing Tr. (8/14/2017) at 11:26 a.m.

         C. Testimony of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.