United States District Court, D. Nevada
M. Navarro, Chief Judge United States District Court.
before the Court is the Report and Recommendation of the
Honorable United States Magistrate Judge Peggy A. Leen, (ECF
No. 1562), denying Defendant Micah McGuire's
(“McGuire's”) Motion to Suppress, (ECF No.
706). McGuire timely filed his Objection, (ECF No. 1609).
Melvin D. Bundy (“Bundy”) and Peter T. Santilli
(“Santilli”) filed Motions for Joinder to the
Objection, (ECF Nos. 1633, 1640), and the Government timely
filed a Response, (ECF No. 1698).
March 2, 2016, a federal grand jury sitting in the District
of Nevada returned a Superseding Indictment charging nineteen
defendants with sixteen counts related to a confrontation on
April 12, 2014, with Bureau of Land Management
(“BLM”) Officers in Bunkerville, Nevada. (ECF No.
27). The fourth trial in this case, is set to begin on
February 26, 2018. (See ECF No. 3132).
underlying Motion seeks to suppress all evidence collected
from the government's search of McGuire's Facebook
account, which was obtained based on a search warrant issued
by a magistrate judge in this district. (See Mot. to
Suppress, ECF No. 706). On November 14, 2017, McGuire
withdrew his Motion to Suppress. (See Mins. of
Proceedings, ECF No. 2857). Despite McGuire's withdrawal
of the Motion, the Court will still address the Motions for
Joinder to the substantive arguments in McGuire's
may file specific written objections to the findings and
recommendations of a United States Magistrate Judge made
pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);
D. Nev. R. IB 3-2. Upon the filing of such objections, the
Court must make a de novo determination of those
portions of the Report to which objections are made.
Id. The Court may accept, reject, or modify, in
whole or in part, the findings or recommendations of the
Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. IB
challenge the validity of the search warrant, a defendant
must show he personally had “a property interest
protected by the Fourth Amendment that was interfered with .
. ., or a reasonable expectation of privacy that was invaded
by the search.” United States v. Lopez-Cruz,
730 F.3d 803, 807 (9th Cir. 2013) (quoting United States
v. Padilla, 508 U.S. 77, 82 (1993)). When a person has
no ownership interest in the place or thing searched, he must
have a reasonable expectation of privacy to claim a violation
of his Fourth Amendment rights. Lyall v. City of Los
Angeles, 807 F.3d 1178, 1187 (9th Cir. 2015).
and Santilli move to join McGuire's Objection, (ECF Nos.
1633, 1640), however, they do not provide any evidence that
their reasonable expectation of privacy was infringed upon.
See United States v. SDI Future Health, Inc., 568
F.3d 684, 695 (9th Cir. 2009) (citing United States v.
Taketa, 923 F.2d 665, 669 (9th Cir. 1991)). Bundy states
that he is “similarly situated to Defendant Micah
McGuire as both are charged in the Government's
Superseding Indictment” but does not provide the Court
with any legal basis regarding his individual Fourth
Amendment standing. (Motion for Joinder 1:23-24, ECF No.
1633). Indeed, Judge Leen denied Bundy's request to join
McGuire's Motion to Suppress for lack of standing.
(See Order 20:2-3, ECF No. 1562).
Santilli's Motion for Joinder does not provide any
details about how McGuire's Objection applies to a search
or seizure of Santilli's property or an invasion of his
privacy. (See Motion for Joinder, ECF No. 1640).
McGuire's Objection applies only to the warrant that
authorized the search of McGuire's property recovered
from his personal Facebook account. (See generally
Obj., ECF No. 1609). The Court finds that Bundy and Santilli
do not have a reasonable expectation of privacy in
McGuire's Facebook account that was searched. Therefore,
both Bundy and Santilli lack standing to join in the
substantive arguments raised by McGuire in his Objection to
the Report and Recommendation. Accordingly, Bundy and
Santilli's Motions for Joinder are DENIED and the Report
and Recommendation is DENIED as moot.
IS HEREBY ORDERED that the Report and
Recommendation, (ECF No. 1562), is DENIED as
IS FURTHER ORDERED that Bundy and Santilli's
Motions for Joinder, (ECF ...