United States v. Kenneth Rose
714 F.3d 362
6th Cir.2013Background
- Kenneth Rose pled guilty to three counts of production of child pornography and challenged district court rulings on suppression, Franks, and dismissal.
- Authorities sought a search warrant for 709 Elberon Ave., Cincinnati based on victims’ statements and evidence of images in Rose’s bedroom.
- Affidavit omitted Rose’s address and linked the search location primarily to the residence description, not Rose personally.
- Warrant execution on November 12, 2008 yielded a laptop with child pornography involving minors.
- Superseding indictment added counts of production; Rose moved to suppress, dismiss, and obtain a Franks hearing, which the district court denied.
- Rose entered a conditional plea and was sentenced to 51 years imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause nexus between place and evidence | Rose argues no nexus to 709 Elberon Ave. | Rose argues affidavit links to Rose’s bedroom but not address. | Probable cause lacking but good-faith applies |
| Franks hearing entitlement | Rose contends inconsistencies warrant Franks hearing. | No demonstrable falsity in affidavit. | Franks hearing denied |
| Dismissal of superseding indictment | Counts were intrastate; challenge to commerce scope. | Intrastate possession may be regulated by Congress. | Affirmed indictment validity |
| Good-faith exception applicability | Lack of nexus negates reasonable reliance. | Affidavit linked Rose to activity and residence; good faith applies. | Good-faith exception applied; suppression not required |
Key Cases Cited
- United States v. Williams, 544 F.3d 683 (6th Cir. 2008) (probable cause requires nexus between place and evidence)
- United States v. Brooks, 594 F.3d 488 (6th Cir. 2010) (nexus requirement for probable cause)
- Zurcher v. Stanford Daily, 436 U.S. 547 (U.S. 1978) (nexus between place and evidence; four-corners rule)
- United States v. Frazier, 423 F.3d 526 (6th Cir. 2005) (limit on suppression review; four-corners of affidavit)
- United States v. McPhearson, 469 F.3d 518 (6th Cir. 2006) (bare-bones affidavit and good-faith exception)
- United States v. Laughton, 409 F.3d 744 (6th Cir. 2005) (poor nexus defeats good-faith exception in some cases)
- United States v. Van Shutters, 163 F.3d 331 (6th Cir. 1998) (failure to link defendant to address; good-faith factors)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- Massachusetts v. Sheppard, 468 U.S. 981 (1984) (detached and neutral magistrate; good-faith reliance)