United States v. Jesse Brewer
708 F. App'x 96
3rd Cir.2017Background
- July 12, 2012: White Jewelers in York, PA was robbed; surveillance shows three perpetrators — Smallwood brandishing a gun, Brewer shooting the store owner (and accidentally shooting Smallwood), and Forbes entering with a hammer; 53 Rolexes stolen.
- Smallwood was treated at Bronx Lebanon Hospital and arrested by NYPD; officers seized a cell phone (5777) he had and he claimed it as his.
- Forbes’ girlfriend identified Forbes from video and provided Forbes’s cell number (1632). Warrants were obtained for 5777 and 1632 on July 20, 2012.
- Analysis of call records for 5777 and 1632 showed multiple contacts with phone 4252, which was registered to Brewer; investigators obtained a warrant for 4252.
- Brewer moved to suppress records from 5777 and 4252; the District Court denied both motions. Brewer was convicted at trial of Hobbs Act robbery and 18 U.S.C. § 924(c) and sentenced to 240 months plus life consecutive. The Third Circuit affirmed.
Issues
| Issue | Brewer's Argument | Government's Argument | Held |
|---|---|---|---|
| Validity of search/warrant for cell phone 5777 (standing & probable cause) | Brewer argued the warrant lacked probable cause and he had privacy interest as the registered subscriber | The phone was seized from Smallwood who claimed possession; Brewer lacked a reasonable expectation of privacy and the affidavit provided probable cause | Court held Brewer lacked standing to challenge 5777; alternatively, the warrant was supported by probable cause and suppression was denied |
| Suppression of records for cell phone 4252 as fruit of poisonous tree | Records from 4252 should be suppressed because they were derived from an invalid search of 5777 | Warrant for 5777 was valid, so evidence from 4252 was not fruit of an illegal search | Denial of suppression for 4252 affirmed because 5777 search was lawful |
| Substantive reasonableness of sentence (disparity with co-defendants) | Sentence was disproportionate compared to co-defendants’ sentences | Co-defendants were not similarly situated: Forbes cooperated and testified; Smallwood pleaded guilty; Brewer shot the victim causing permanent disability and had an extensive criminal history | Sentence was substantively reasonable; district court meaningfully considered § 3553(a) factors and did not abuse discretion |
Key Cases Cited
- Kyllo v. United States, 533 U.S. 27 (2001) (test for subjective expectation of privacy)
- Rakas v. Illinois, 439 U.S. 128 (1978) (standing and personal nature of Fourth Amendment rights)
- Salvucci v. United States, 448 U.S. 83 (1980) (property rights not dispositive of Fourth Amendment inquiry)
- Rawlings v. Kentucky, 448 U.S. 98 (1980) (expectation of privacy requires normal precautions to maintain privacy)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances standard for probable cause)
- United States v. Hodge, 246 F.3d 301 (3d Cir. 2001) (probable-cause discussion cited by Third Circuit)
- United States v. Burnett, 773 F.3d 122 (3d Cir. 2014) (expectation-of-privacy analysis)
- United States v. Conley, 4 F.3d 1200 (3d Cir. 1993) (deference to magistrate’s probable-cause determination)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruit of the poisonous tree doctrine)