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United States v. Laurezo

United States District Court, D. New Mexico

May 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JADE TIFFANY LAUREZO, Defendant.

          PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

          THE HONORABLE CARMEN E. GARZA, CHIEF UNITED STATES MAGISTRATE JUDGE

         THIS 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); (Doc. 57).

         After 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.

         I. Factual Background

         On 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 dayton66xx@gmail.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 199.83.119.146. (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 199.83.119.146. (Doc. 33-1 at 12).

         On June 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. Id.

         On June 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 search for:

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 lists.

(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.

         The 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).

         That 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 ¶ 36).

         On July 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).

         II. Procedural Posture

         On 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. ...


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