2:24-cr-00236
E.D. Wis.Aug 4, 2025Background
- Arletta Allen was indicted on charges including arson, wire fraud, using arson to commit a federal felony, and making a false statement to law enforcement.
- The charges stem from an October 10, 2021 restaurant fire, determined by investigators to have likely been intentionally set.
- Investigators executed search warrants on Allen’s home, vehicle, business, and Facebook account, obtaining various physical and electronic evidence.
- Allen moved to suppress evidence from these searches and statements she made to law enforcement, alleging Fourth and Fifth Amendment violations.
- She also requested a Franks hearing, arguing that the search warrant affidavits omitted material facts and were misleading.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of search warrants for home, vehicle, business | Probable cause established; affidavit detailed origin, motive, access | No probable cause fire was arson or that Allen set fire | Affidavit supported probable cause; search warrants were valid |
| Entitlement to Franks hearing (material omissions/misstatements) | No material misstatements or omissions; omissions were not material | Affiant omitted key facts (absence of accelerant, presence of batteries) | No Franks hearing; omissions not material to probable cause finding |
| Overbreadth of Facebook warrant | Warrant sufficiently connected to investigation, covered relevant data | Warrant was overbroad in time/content, not limited to alleged offenses | Facebook warrant overbroad, but good faith exception applies—evidence not suppressed |
| Suppression of statements as result of custodial interrogation | No custody; Allen not formally arrested, allowed to leave | Allen’s freedom restrained; SWAT-like presence, no Miranda warning | Allen was not in custody for Miranda purposes; suppression denied |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (probable cause standard and review for search warrants)
- United States v. Leon, 468 U.S. 897 (establishing the good-faith exception to the exclusionary rule)
- Franks v. Delaware, 438 U.S. 154 (standards for challenging affidavits and obtaining a Franks hearing)
- Michigan v. Summers, 452 U.S. 692 (authority to detain occupants during execution of a search warrant)
- Davis v. United States, 564 U.S. 229 (limits and purpose of the exclusionary rule)
- Howes v. Fields, 565 U.S. 499 (definition of custody for Miranda purposes)