United States v. Christopher Brackett
2017 U.S. App. LEXIS 1016
| 8th Cir. | 2017Background
- Federal indictment charged Christopher D. Brackett with producing, transporting, and possessing child pornography and related counts after prior state conviction for sexual abuse of a minor; jury convicted and district court sentenced him to 360 months imprisonment.
- Detective Howell prepared a seven-page affidavit (state warrant) based largely on a 16-year-old victim R.H.’s report that Brackett drove from Nebraska to Ohio twice, had intercourse with her, and took nude photographs (some transferred to flash drive; additional images allegedly sent to his phone).
- Howell corroborated R.H.’s account by confirming Brackett’s name, address, cell number, vehicles, sex-offender registration, a prior conviction involving a 15-year-old, and similar Craigslist postings reported by another victim; sought warrant to seize digital media.
- State judge issued search warrant; officers seized computers and phones; forensic exam recovered explicit images of R.H. on two computers and text messages and additional images from a later phone seizure.
- Brackett moved to suppress, arguing the affidavit lacked probable cause (invoking Nebraska v. Nuss standards); magistrate and district courts denied suppression and alternatively applied Leon good-faith; Brackett also sought a Franks hearing alleging falsehoods/omissions in the affidavit, which the district court denied.
- The Eighth Circuit affirmed: affidavit established probable cause under the totality of circumstances (distinguishing Nuss), and the Franks showing was insufficient to warrant a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Howell's affidavit provided probable cause to search Brackett's residence for child-pornography evidence under Nebraska law and the Fourth Amendment | Brackett: affidavit lacked images or detailed verbal description as required by State v. Nuss; thus insufficient to establish probable cause | Government: affidavit contained victim's detailed account of intercourse and nude photos, corroboration of identity and contacts, statutory language about "sexually explicit conduct," and thus under the totality of circumstances established probable cause | Held: Affidavit sufficient; distinguishable from Nuss; issuing judge could reasonably infer prohibited images would be found; suppression denied |
| Whether Brackett made a substantial preliminary showing to obtain a Franks hearing that the affidavit contained deliberate false statements or omissions necessary to probable cause | Brackett: testimony showed witnesses had not seen photos before the warrant and some statements were fabricated or omitted, meeting Franks preliminary showing | Government: alleged contradictions were speculative, taken out of context, and did not rise to required showing of intentional or reckless falsehoods necessary to Franks | Held: Denial of Franks hearing affirmed; Brackett failed to make the substantial preliminary showing required |
| Whether Leon good-faith exception applies if affidavit were insufficient | Brackett: (implicit) challenge to warrant validity undermines reliance | Government: officers reasonably relied on warrant issued by neutral magistrate | Held: District court applied Leon as alternative; appellate decision affirmed suppression denial on probable cause ground (Leon discussed but not necessary as primary basis) |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (standard for obtaining a hearing to challenge alleged false statements in warrant affidavits)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule for officers reasonably relying on a magistrate-issued warrant)
- State v. Nuss, 781 N.W.2d 60 (Neb. 2010) (Nebraska standard requiring images or detailed verbal description for warrants seeking depictions of sexually explicit conduct involving minors)
- United States v. Hager, 710 F.3d 830 (8th Cir. 2013) (standard of review for suppression rulings; de novo with factual findings for clear error)
- United States v. Snyder, 511 F.3d 813 (8th Cir. 2008) (probable cause established if affidavit shows fair probability that evidence will be found at the searched location)
- United States v. Thompson, 210 F.3d 855 (8th Cir. 2000) (permitting reasonable inferences by issuing judges and affiants when assessing probable cause)