United States v. Tyson
3:24-cr-00034
E.D. Va.Jan 13, 2025Background
- Defendant Richard Scott Tyson was indicted on charges related to child pornography, attempted coercion and enticement of a minor, and failure to register as a sex offender in connection with social media accounts.
- The investigation began with a tip from a minor's grandparent regarding communications between Tyson (a registered sex offender) and the minor via Snapchat.
- Law enforcement obtained a Virginia state search warrant for Tyson’s home and electronic devices, based only on probable cause for failure to register a social media account.
- The state search warrant also sought broader categories of evidence (e.g., child pornography) despite being supported only by facts relating to the registration offense.
- Evidence of child pornography was found during the execution of the search, resulting in further federal investigation and a subsequent federal search warrant obtained independently by the FBI.
- Tyson filed a second renewed motion to suppress evidence, arguing the state warrant lacked probable cause and particularity, consent was invalid, the good faith exception did not apply, and the federal evidence was tainted as fruit of the poisonous tree.
Issues
| Issue | Tyson's Argument | Government's Argument | Held |
|---|---|---|---|
| Probable Cause (State Warrant) | No probable cause to search for child porn; warrant tied only to failure to register offense | Sufficient probable cause for broader search based on investigation | No probable cause for child porn search; warrant overbroad |
| Particularity/Overbreadth of State Warrant | Warrant overly broad, not limited to registration offense evidence | Warrant properly described items based on investigation | Warrant failed particularity; was overbroad |
| Validity of Consent | No valid consent given after officers asserted warrant authority | Tyson voluntarily gave passcode and consented to search | Consent was acquiescence to authority; not voluntary |
| Good Faith Exception | Exception does not apply; affidavit so lacking in probable cause | Officers acted in good faith reliance on magistrate's determination | Good faith exception does not apply |
| Fruit of the Poisonous Tree (Federal Evidence) | Federal warrant tainted by prior state illegality | Federal warrant based on independent sources of probable cause | Federal search was independent; not tainted |
| FRCP 41(f) Violation | Failure to give Tyson copy of federal warrant requires suppression | Provided warrant and receipt to law enforcement holding the devices | No basis for exclusion under Rule 41(f) |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (1984) (establishing the good faith exception to the exclusionary rule)
- Mapp v. Ohio, 367 U.S. 643 (1961) (Fourth Amendment exclusionary rule applies to the states)
- Wong Sun v. United States, 371 U.S. 471 (1963) (defining the "fruit of the poisonous tree" doctrine)
- United States v. Murray, 487 U.S. 533 (1988) (independent source doctrine clarifies when evidence is exempt from exclusion)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (voluntariness of consent is determined by totality of the circumstances)
- Bumper v. North Carolina, 391 U.S. 543 (1968) (acquiescence to a claim of lawful authority does not constitute valid consent)
- United States v. Blakeney, 949 F.3d 851 (4th Cir. 2020) (probable cause standard for search warrants)
- United States v. Williams, 592 F.3d 511 (4th Cir. 2010) (particularity and scope of computer searches)
- United States v. Doyle, 650 F.3d 460 (4th Cir. 2011) (lack of nexus between child molestation and child pornography insufficient for probable cause)