United States v. Blauvelt
2011 U.S. App. LEXIS 4593
| 4th Cir. | 2011Background
- Blauvelt convicted of production of child pornography, possession of child pornography, possession of cocaine, and two counts of distributing drugs to minors.
- Evidence arose from Ruley’s access to Blauvelt’s email and cellphone, identifying his Hotmail and Verizon accounts as sources of explicit images of a minor (B.R.).
- Officers obtained a search warrant based on Ruley’s in-person interviews corroborated by B.R. and T.J., and on electronic evidence (email inbox, phone data).
- Blauvelt was detained for approximately three hours before the warrant was signed to preserve evidence, during which he waited inside the residence with officers.
- Forensic analysis recovered extensive child-pornography files and cocaine residue; multiple witnesses identified Blauvelt in the videos and images; tattoo dispute formed the basis of an identity defense.
- Jury found Blauvelt guilty on all counts except two related to psilocybin distribution; he received a lengthy sentence of 293 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the search warrant | Ruley’s credibility should be treated with caution; no independent verification of ownership of accounts. | Affidavit lacks reliability due to Ruley’s tip; Wilhelm controls need for corroboration. | Probable cause found; affidavit supported a fair probability of finding contraband. |
| Franks v. Delaware issue | Omission of impeaching information about Ruley undermines probable cause. | Cannot impute officers’ knowledge; no material omission to defeat probable cause. | Franks claim rejected; omissions did not defeat probable cause. |
| Pre-warrant detention and statements | Detention was unlawful arrest; statements must be suppressed. | Detention permissible to prevent destruction of evidence; statements may be suppressed as harmless error. | Harmless error; overwhelming evidence supported guilt irrespective of statements. |
| Admissibility under Rule 404(b) | Video tapes and stills show identity, motive, and intent. | Evidence overly prejudicial; probative value minimal. | Admissions upheld; evidence relevant to identity and motive; prejudice not undue. |
| Remmer juror-contact issue | Juror communicated with prosecutor outside trial setting. | Remmer presumption triggered; juror biased. | Remmer presumption not established; communications inadvertent and not prejudicial. |
Key Cases Cited
- United States v. Wilhelm, 80 F.3d 116 (4th Cir.1996) (corroboration required for anonymous tips; face-to-face informants more credible)
- United States v. Perez, 393 F.3d 457 (4th Cir.2004) (face-to-face informants credibility; collective knowledge distinctions)
- United States v. Grubbs, 585 F.3d 793 (4th Cir.2009) (preponderance standard for sentencing enhancements; no Sixth Amendment issue)
- United States v. Benkahla, 530 F.3d 300 (4th Cir.2008) (limitations on using uncharged conduct for sentencing; advisory range fine)
- United States v. Cheek, 94 F.3d 136 (4th Cir.1996) (Remmer presumption framework for extrajudicial juror contact)
- Remmer v. United States, 347 U.S. 227 (1954) (presumption of prejudice from extrajudicial jury communications)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances approach to probable cause)
- United States v. Hodge, 354 F.3d 305 (4th Cir.2004) (probable cause deference to magistrate)