United States District Court, D. New Mexico
PROPOSED FINDINGS AND RECOMMENDED
HONORABLE CARMEN E. GARZA, CHIEF UNITED STATES MAGISTRATE
MATTER is before the Court on Defendant Jade Tiffany
Laurezo's Motion to Suppress Evidence, (Doc.
26), filed November 27, 2018 and the United States'
Response to Defendant's Motion to Suppress Evidence,
(Doc. 33), filed December 18, 2018. On December 19, 2018,
United States District Judge Kenneth J. Gonzales referred
this matter to the undersigned to make findings of fact,
conduct legal analysis, and recommend an ultimate
disposition. (Doc. 35). On February 12 and 13, 2019, the
Court held an evidentiary hearing. (Doc. 38). Following the
hearing, both Ms. Laurezo and the Government submitted
proposed findings of fact and conclusions of law. (Doc. 55);
considering the parties' filings, the record, and the
relevant law, the Court RECOMMENDS that Ms.
Laurezo's Motion to Suppress Evidence, (Doc.
26), be DENIED.
March 27, 2018 the National Center for Missing and Exploited
Children received a CyberTipline Report of three uploaded
files of child pornography, linked to email address
email@example.com. (Doc. 33-1 at 8). On May 16, 2018 and
May 29, 2018, Special Agent Owen Pena with the Office of the
Attorney General of the New Mexico Investigation Division
downloaded the sexually explicit materials from IP address
220.127.116.11. (Doc. 33-1 at 9-11). On June 1, 2018, Special
Agent Pena obtained a Grand Jury Subpoena Duces Tecum to
collect the subscriber information - including the
subscriber's name, telephone number, address, and email
address - associated with IP address 18.104.22.168. (Doc.
33-1 at 12).
18, 2018, Special Agent Pena received the requested
subscriber information, listing an individual named Dain
Adams as the registered owner of the IP address and linking
the account's service address to 3809 Zinnia Road,
Roswell, New Mexico. Id. On June 20, 2018, the case
was transferred to Detective Raul L. Valderaz with the
Criminal Investigation Division of the Chaves County
Sheriff's Office. (Doc. 33-1 at 8). After reviewing the
file, Detective Valderaz travelled to 3809 Zinnia Road and
obtained a description of the residence. (Doc. 33-1 at 12).
Parked in front of the property, Detective Valderaz observed
a 2007 Toyota Pickup truck and requested the Pecos Valley
Regional Communication Center run an inquiry on the vehicle,
which verifyied that Dain Adams was the registered owner.
26, 2018, Detective Valderaz applied for and was granted a
search warrant for 3809 Zinnia Road. (Doc. 26 at 12); (Doc.
33-1). The warrant authorized law enforcement officers to
All electronic data processing and storage devices, computers
and computer systems including central processing units;
internal and peripheral storage devices such as fixed disks,
external hard disks, floppy disk drives and diskettes, tape
drives and tapes, memory cards, USB thumb drives, optical
storage devices or other memory storage devices; peripheral
input/output devices such as keyboards, cameras, printers,
video display monitors, optical readers and related
communication devices such as modems; together with system
documentation operating logs and documentation, software and
instruction manuals, handwritten notes, logs, user names and
(Doc. 33-1 at 7). The warrant also allowed officers to search
for all images, videos, photographs, books, magazines, and
documents, which may contain any unclothed or partially
unclothed children under the age of eighteen, or children
under the age of eighteen engaged in sexual conduct.
Id. Finally, the warrant encompassed the search of
all documents tending to show occupancy or ownership of the
residence, and photographs of the interior and exterior of
the residence. Id.
following day, June 27, 2018, Detective Valderaz executed the
search warrant. Id. Inside the 3809 Zinnia Road
residence, Detective Valderaz encountered Defendant Jade
Tiffany Laurezo, later identified as Dain Adams'
girlfriend, Donnie Roberson, and Marsha Roberson. (Doc. 55 at
6 ¶ 36). Detective Valderaz confirmed that Dain Adams
lived at the address and proceeded to seize multiple
electronic devices, including a Samsung DUOS cellphone. (Doc.
26 at 12). At the time Detective Valderaz seized the Samsung
DUOS cellphone from the residence, he did not know who owned
the cellphone, and he did not inquire as to the ownership of
any of the electronic devices seized. (Doc. 55 at 5
¶¶ 24-25). While executing the search warrant,
Detective Valderaz did not seize the residence's internet
modem. (Doc. 55 at 5 ¶ 28).
afternoon, Detective Valderaz applied for and was granted
several follow-up warrants to search each of the electronic
items seized from the residence, including the Samsung DUOS
cellphone. (Doc. 26 at 12). In his follow-up search warrants,
Detective Valderaz submitted the same affidavit that he
drafted in support of the search warrant for the 3809 Zinnia
Road residence, adding only that he had executed the search
warrant, confirmed that Dain Adams lived at the residence,
and he had seized multiple electronic devices from the home.
(Doc. 55 at 6 ¶ 31). In his affidavit, Detective
Valderaz did not mention that multiple individuals were
living at the 3809 Zinnia Road residence when the search
warrant was executed, nor did he mention that Dain Adams was
out of town at the time of the search. (Doc. 55 at 6 ¶
3, 2018, Detective Valderaz searched the Samsung DUOS
cellphone and discovered two videos featuring an adult female
engaging in sexually explicit conduct with one male child
between the ages of four and six years old. (Doc. 1 at 6-7).
The adult female was later identified as Defendant Jade
Tiffany Laurezo and the male child was identified as her son.
(Doc. 55 at 7 ¶ 46).
October 17, 2018 a federal grand jury returned an indictment
charging Ms. Laurezo with one count of Production of Visual
Depictions of a Minor Engaging in Sexually Explicit Conduct,
in violation of 18 U.S.C. § 2251(a), (e), and §
2256, and one count of Possession or Access with Intent to
View Visual Depictions of Minors Engaged in Sexually Explicit
Conduct, in violation of 18 U.S.C. § 2252A(a)(5)(B),
(b)(2), and § 2256. (Doc. 20); (Doc. 21). At her
arraignment on November 6, 2018, Ms. Laurezo pled not guilty
to both counts and the case was assigned to the Honorable
Kenneth J. Gonzales. ...