United States v. Cattell
2:14-cr-20249
E.D. Mich.May 12, 2015Background
- FBI investigating Jason Soper for production/distribution of child pornography; Soper’s emails identified trading partners including the account pmmeadows@mail.com, traced to defendant Elden Cattell’s wife.
- Special Agent Muscatello prepared an affidavit and a warrant was issued to search the Cattell home (Jan. 25, 2014); agents executed the search Jan. 27, 2014 and seized a laptop later forensically revealing alleged child-pornography evidence.
- During the Jan. 27 search, Elden was interviewed in his kitchen by FBI Agents Lucas and Muscatello; agents testify he was Mirandized and signed a waiver form (the form itself is missing from files); wife Karena offered a conflicting account about warnings and coercion.
- Elden was arrested April 14, 2014, transported to the FBI office, given an Advice of Rights form which he signed, and then questioned by Agents Muscatello and Burras.
- Defendant moved to suppress: (1) evidence seized under the search warrant, arguing a materially false statement in the affidavit (Franks claim); and (2) statements made on Jan. 27 and April 14 as involuntary/Miranda violations.
- The court held an evidentiary hearing and denied both suppression motions: it found the affidavit—minus the acknowledged inaccurate description—still established probable cause, and that Elden validly waived Miranda and made voluntary statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of search warrant | Affidavit supported probable cause even without the inaccurate image description | Affidavit contained a materially false statement about an image necessary to probable cause (Franks) | Denied: excising the inaccurate line, remaining affidavit established probable cause; no showing of reckless falsehood to trigger Franks hearing |
| False statement intent (Franks) | Inaccuracy was inadvertent; no evidence of knowing or reckless falsity | The misdescription was material and made recklessness plausible | Denied: government showed inadvertence (agent relied on another’s description); no substantial preliminary showing of reckless or intentional falsity |
| Suppression of Jan. 27, 2014 statements (Miranda/custody) | Agents Mirandized Elden and obtained waiver; interview was non-custodial or, if custodial, waiver was valid | Interview was custodial given armed entry, children present, vehicles blocking exit; no Miranda warnings were actually observed by wife | Denied: court credited agents’ testimony that Elden was warned and voluntarily waived; in-home interview found non-custodial or, alternatively, properly Mirandized and waived |
| Suppression of April 14, 2014 statements (post-arrest) | Elden was Mirandized, signed Advice of Rights, voluntarily waived; agents did not coerce or promise leniency | Elden claims he requested counsel and was told he'd be taken to Detroit unless he waived, coercing waiver | Denied: agents’ uniform testimony and Advice of Rights form (signed by Elden) show he knowingly/voluntarily waived; agents did not promise or coerce |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (framework for challenging warrants based on alleged false statements in affidavit)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause assessed by totality-of-the-circumstances, practical common-sense standard)
- Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda warnings and waiver standards for custodial interrogation)
- United States v. Dyer, 580 F.3d 386 (6th Cir. 2009) (defendant’s criminal history is relevant to probable cause inquiry)
- United States v. Kinison, 710 F.3d 678 (6th Cir. 2013) (probable cause to search home for child pornography can rest on weaker foundations, such as subscriber ties and IP evidence)
- United States v. Salvo, 133 F.3d 943 (6th Cir. 1998) (Miranda applies only to custodial interrogation)
- United States v. Panak, 552 F.3d 462 (6th Cir. 2009) (in-home questioning is typically non-custodial; absence of restraints and short duration weigh against custody)
- United States v. Adams, 583 F.3d 457 (6th Cir. 2009) (government must show Miranda waiver was knowing and voluntary)
- United States v. Rutherford, 555 F.3d 190 (6th Cir. 2009) (coercive tactics must overbear will for statements to be involuntary)