United States District Court, D. Nebraska
R. Zwart, United States Magistrate Judge.
has filed a motion raising several grounds for suppressing
evidence collected by the government, including 1) recordings
from inside a Quality Inn hotel room, 2) evidence obtained
when a Motel 6 hotel was entered at the time of
Defendant's arrest; and 3) and evidence obtained during a
post-arrest search of a Motel 6 hotel room on July 5, 2018.
(Filing No. 39). Defendant claims:
1) As to a Quality Inn hotel room, the government's use
of audio and video recording devices by CIs who entered that
room was a warrantless search, unreasonable, and violated the
Fourth Amendment; 2) As to Defendant's arrest at Motel 6,
Detective Roskey's entry into the room without a warrant
was an unlawful search, and all evidence seen during that
entry must be suppressed.
3) As to the search of the Motel 6 hotel room:
a. The search of the Motel 6 room was conducted without a
valid warrant because:
• The warrant application lacked a sufficient showing of
• The warrant was based on unlawfully obtained
• The warrant had not been signed by a judge when the
b. The warrant was unlawfully executed after 8:00 p.m.
(Filing Nos. 41 and 50).
warrant is supported by probable cause from the viewpoint of
a reasonably prudent police officer acting in the
circumstances of a particular case.” United States
v. Reinholz, 245 F.3d 765, 776 (8th Cir. 2001).
“The determination of whether or not probable cause
exists to issue a search warrant is to be based upon a
common-sense reading of the entire affidavit.”
United States v. Seidel, 677 F.3d 334, 338 (8th Cir.
2012) (internal quotations omitted). “To satisfy the
particularity requirement of the fourth amendment, the
warrant must be sufficiently definite to enable the searching
officers to identify the property authorized to be
seized.” United States v. Horn, 187 F.3d 781,
788 (8th Cir. 1999).
argues the warrant to search the Motel 6 hotel room is
invalid because the warrant application included information
that was obtained illegally. Specifically, Defendant claims
Detective Roskey's entry into the motel room without a
warrant at the time of Defendant's arrest was illegal,
and any evidence the officer saw as a result of that unlawful
entry cannot be considered when reviewing the warrant
application. An illegal entry will not invalidate a
subsequent search warrant where information acquired as a
result of the illegal entry was not necessary to the finding
of probable cause supporting the warrant. U.S. v.
Packer, 730 F.2d 1151, 1156 (8th Cir. 1984).
removing the alleged unlawfully obtained evidence, the search
warrant application states:
• The affiant officer, Ryan Roskey, is an experienced
law enforcement officer. On July 5, 2018, he received
information from a reliable confidential source that
Defendant was staying at the Motel 6 located at 3511 S. 84th
St. in Omaha, Nebraska. At that time, Sandoval was the
subject of an extraditable felony warrant out of California
and was ...