Sennett v. United States
2011 U.S. Dist. LEXIS 39819
E.D. Va.2011Background
- PPA dispute over suspect exception to warrantless seizure of Sennett's materials from home after Four Seasons vandalism investigation.
- Probable cause linked to Sennett’s late-night presence, clothing, backpack, timing, and flight with vandals; security footage and surveillance corroborate
- Search warrant issued Sept. 22, 2008; items seized included digital storage devices and cameras used for photography
- Multiple defendants dismissed; only the United States remained; FAC alleging PPA and 42 U.S.C. § 1983 claims remained
- Court treated motion as summary judgment based on undisputed facts and the suspect exception analysis
- Final disposition: summary judgment for government based on suspect exception
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PPA suspect exception bars Sennett’s PPA claim | Sennett argues lack of probable cause; journalist status creates innocent explanation | Probable cause exists under totality of circumstances tying Sennett to vandalism | Yes; suspect exception applies, summary judgment for government |
| Whether probable cause existed to link Sennett to the Four Seasons vandalism | Facts insufficient; journalist status provides innocent explanation | Totality of facts supports probable cause to believe involvement | Yes; totality supports probable cause to believe Sennett conspired or aided vandalism |
| Whether journalist status negates probable cause in the PPA analysis | Being a known photojournalist provides an innocent explanation | Journalist status does not negate probable cause when totality supports offense | No; journalist status does not defeat probable cause under totality of circumstances |
| Whether the FBI memorandum about not pursuing charges negates probable cause | Memorandum shows no probable cause at time of search | Memorandum issued after search; not determinative of probable cause at search time | No; not determinative; probable cause existed at the time of the search |
| Whether the court properly treated the government’s motion as summary judgment | Procedural posture favors dismissal; not necessarily summary judgment | Given notice and record, summary judgment appropriate under Rule 56 | Yes; matter resolved on summary judgment |
Key Cases Cited
- Zurcher v. Stanford Daily, 436 U.S. 547 (1978) (established balance against Fourth Amendment privacy in search warrants for papers)
- Gates, 462 U.S. 213 (1983) (probable cause requires totality of the circumstances)
- DeFillippo, 443 U.S. 31 (1979) (probable cause defined as reasonable belief of offense)
- Brinegar v. United States, 338 U.S. 160 (1949) (probable cause standard as practical, nontechnical)
- S.H.A.R.K. v. Metro Parks Serving Summit County, 499 F.3d 553 (6th Cir. 2007) (purpose of suspect exception is to protect innocent third parties)
- United States v. Obi, 239 F.3d 662 (4th Cir. 2001) (flight can support inference of guilt under probable cause)
- Fama, 758 F.2d 834 (2d Cir. 1985) (innocent explanations do not negate probable cause)
- United States v. Booker, 612 F.3d 596 (7th Cir. 2010) (innocent explanation does not preclude probable cause)
- Knepper, 256 F. App’x 982 (9th Cir. 2007) (probable cause not require to rule out all innocence)
- Gantt v. Whitaker, 57 Fed.Appx. 141 (4th Cir. 2003) (probable cause standard less than proof beyond reasonable doubt)