United States v. Robinson
2012 U.S. Dist. LEXIS 147793
E.D. Mo.2012Background
- Defendant Robinson faces an eight-count superseding indictment alleging Paideia Academy-related fraud (Counts I–III) and St. Louis Treasurer’s Office-related theft (Counts IV–VIII).
- GPS evidence from a tracker installed on Robinson’s vehicle was later challenged as a Fourth Amendment search in light of Jones (2012).
- Second Pretrial Order recommended denial of all pretrial motions; Judge Fleissig adopted most findings but rejected aspects of the GPS analysis, particularly the Davis good-faith exception.
- The government sought to introduce additional evidence on reasonable suspicion; mass of pretrial filings and an amici brief by the ACLU occurred before oral argument.
- The District Court denied motions to dismiss Counts IV–VIII, denied severance of Counts I–III from Counts IV–VIII without prejudice, and denied a change of venue without prejudice.
- The GPS device was installed January 22, 2010, on a public road, monitored for two months, and removed March 23, 2010; Jones held GPS tracking is a search, but binding precedent at the time affected suppression rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality and jurisdiction of § 666 | Prosecution asserts § 666(a)(1)(A) fits Spending and Necessary/Proper Clauses; government contends adequate federal funds nexus. | Claims § 666 exceeds Congress's authority and that no proper nexus with HUD funds exists for Counts IV–VIII. | § 666(a)(1)(A) constitutional; proper nexus shown; counts viable. |
| Sufficiency and propriety of joinder/severance | Counts I–III and IV–VIII are properly joined as same-or-similar-acts; severance not warranted. | Joinder improper and severance required to avoid prejudice. | Joinder proper; severance denied without prejudice pending trial. |
| GPS evidence suppression under Fourth Amendment | Marquez remains binding; reasonable suspicion supports warrantless GPS; good-faith relies on pre Jones law. | Jones requires warrants; Davis good-faith exception does not apply here due to lack of binding circuit precedent. | Evidence not suppressed; Davis good-faith exception rejected as to binding precedent; but Marquez-based reasonable suspicion defeats suppression. |
| Change of venue due to pretrial publicity | Pretrial publicity jeopardizes fair trial in district; venue transfer warranted. | Pretrial publicity not extensive; potential prejudice unsettled; change of venue unwarranted. | Change of venue denied without prejudice; voir dire to determine actual prejudice. |
| First Amendment and Seizure implications related to GPS | N/A (government burdened with admissibility; suppression not warranted under Fourth Amendment). | GPS tracking infringes associational/privacy rights under the First Amendment. | First Amendment claims insufficient; Fourth Amendment suppression not warranted; no seizure found. |
Key Cases Cited
- Sabri v. United States, 541 U.S. 600 (2004) ( Spending/necessary-and-proper authority to protect federal funds)
- Jones, 132 S. Ct. 945 (2012) (GPS tracking constitutes a Fourth Amendment search; limits discussed)
- Knotts, 460 U.S. 276 (1983) (no reasonable expectation of privacy in movements on public roads)
- Karo, 468 U.S. 705 (1984) (consensual installation of beeper conveys no private information)
- Marquez, 605 F.3d 604 (2010) (reasonable suspicion supports noninvasive GPS when vehicle in public and for limited time)
- Davis v. United States, 131 S. Ct. 2419 (2011) (good-faith exception limited to binding appellate precedent)
- Baldridge, 559 F.3d 1126 (2009) (ghost-employee theory under § 666)
- Hanling? United States v. Vitillo, 2004 WL 2496877 (2004) (statutory elements of § 666; district-level authority cited)