United States v. Benjamin Hager
2013 U.S. App. LEXIS 6294
| 8th Cir. | 2013Background
- Hager appeals the denial of a motion to suppress evidence obtained from a search of his residence pursuant to a warrant.
- DHS HSI agents in Michigan investigated Mueller for child pornography; Mueller’s materials included images of his daughters and metadata suggesting distribution.
- A return address matched Hager’s Wahpeton, ND address, and communications allegedly tied Hager to Mueller and to an individual named “Ace.”
- Litzinger sought a warrant based on probable cause to seize sexually suggestive images of Mueller’s daughters and related metadata, tying Hager to the images.
- The magistrate issued a warrant to search Hager’s residence for sexually suggestive images of Mueller’s daughters and related metadata, with an addendum limiting to electronically stored information described in the warrant.
- During the execution, agents seized VHS tapes; Litzinger misunderstood VHS as containing metadata and relied on a computer-forensics expert, leading to a second warrant and discovery of child pornography.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of the warrant | Hager | Hager | Warrant covers images and metadata; tapes within scope |
| Probable cause | Hager | Hager | Probable cause satisfied when viewed in totality; reasonable inference supports outcome |
| Omission of metadata possession | Hager | Hager | Omission not fatal; not clearly critical to probable cause |
| Good-faith exception | Hager | Hager | Good-faith reliance on warrant and actions, including consultation with forensic expert, supports admissibility |
| Second warrant linked to first | Hager | Hager | Second warrant permissible; fruit-of-the-poisonous-tree argument fails |
Key Cases Cited
- United States v. Stoltz, 683 F.3d 934 (8th Cir. 2012) (de novo scope and probable-cause review in searches)
- United States v. Fiorito, 640 F.3d 338 (8th Cir. 2011) (interpretation of broad warrant language; practical scope)
- United States v. Monson, 636 F.3d 435 (8th Cir. 2011) (common-sense interpretation of affidavits in totality)
- United States v. Keele, 589 F.3d 940 (8th Cir. 2009) (neutral magistrate role and facial validity when reviewing warrants)
- United States v. Patten, 664 F.3d 247 (8th Cir. 2011) (Leon good-faith standard and objective reasonableness)
- United States v. El-Alamin, 574 F.3d 915 (8th Cir. 2009) (good-faith reliance considerations in search execution)
- United States v. Summage, 481 F.3d 1075 (8th Cir. 2007) (probable-cause determinations may draw reasonable inferences)
- United States v. Thompson, 210 F.3d 855 (8th Cir. 2000) (probable cause and totality of the circumstances framework)