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United States v. Bradley

United States District Court, C.D. Illinois, Springfield Division

July 17, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
QUINTON D. BRADLEY, Defendant.

          REPORT AND RECOMMENDATION

          TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:

         This matter comes before the Court on Defendant Quinton D. Bradley's Motion to Quash Search Warrant and Suppress Evidence (d/e 21) (Motion). On May 14, 2019, the Court conducted a hearing on the Motion. Defendant Bradley appeared in person and with his attorney Assistant Federal Defender Robert Alvarado. The Government appeared by Assistant United States Attorney Gregory Gilmore. At the conclusion of the hearing, the Court took the matter under advisement. Upon careful consideration of the evidence presented at the hearing, the Motion, the briefs submitted by the parties, and the applicable law, this Court recommends that the Motion should be DENIED.

         STATEMENT OF FACTS

         On December 7, 2016, Mattoon, Illinois, police officers went to a Super 8 Motel located in Mattoon to investigate a reported burglary. Upon arrival, the officers noticed three individuals asleep in a Toyota automobile in the parking lot. The three individuals were Bradley, a 19-year-old woman identified as A.A., and a 15-year minor girl identified as S.C. The officers questioned them. The officers determined that S.C. had been reported as a missing juvenile in Sangamon County, Illinois. The officers took S.C. into protective custody and took Bradley and A.A. into custody for questioning. Transcript of Proceedings (d/e 25) (T.), 6-9. A.A. gave the officers permission to search the automobile. The officers found four cell phones, a laptop computer (Collectively the “12/7 Phones”). One of the 12/7 Phones was an iPhone 5 Model A1429 (Subject Phone). One of the occupants of the vehicle identified the Subject Phone as belonging to Bradley. See T. 11.

         The officers attempted to interview all three individuals. S.C. and Bradley refused to answer questions. T. 9. A.A. agreed to talk to the officers. The officers made an audiovisual recording of the interview. A.A. said she was in Mattoon with S.C. and Bradley for “dates.” She said the three of them set up dates for her and S.C. on a website called Backpage.

         A.A. described the dates:

And she described the dates as they were arranged for a meeting with a man who she referred to as “a client, ” either in a motel or at the client's house. And they had arranged (sic) on a price and she cited one price being $200 for a half hour; and when the date was over, then, then they were finished.

T. 9-10. A.A. said, “If [sex happens], I choose it to happen. I'm not being paid for sex.” Id.

         A.A. said that Bradley drove her and S.C. to dates and provided protection if anything went wrong on a date. She stated that she gave Bradley half the money that the clients paid for the dates. A.A. said that Bradley put advertisement on Backpage for A.A. and S.C. and also communicated with clients by text message to negotiate rates and set times and locations. T. 10-11.

         The Mattoon officers released A.A. and Bradley within a day or two of the arrest. The Mattoon officers gave Bradley a copy of an order of protection directing him to stay away from S.C. T. 18. The officers returned S.C. to her parents in Sangamon County. T. 11. Bradley states in his affidavit, admitted as Defendant's Exhibit 1, that he asked for the Subject Phone when released from custody. Bradley states that the Mattoon officers refused to return the Subject Phone to him unless he agreed to unlock it and let them examine the data on the phone. Bradley said he refused and left without his phone. Defense Exhibit 1, Affidavit of Quinton Bradley, ¶ 4. FBI Special Agent David Harmon testified that the Mattoon Police Department had no record of Bradley asking for the return of the Subject Phone and no employee of the Mattoon Police Department remembered Bradley asking for the return of the Subject Phone. T. 16.

         On December 12, 2016, Mattoon police officers turned the 12/7 Phones over to FBI Special Agent Christopher Bockelmann. T. 11. Bockelmann was a former St. Louis, Missouri, area police officer. He graduated from the FBI academy in or around August 2016. He was assigned to the Springfield office for training. Harmon was training Bockelmann at this time. T. 5-6, 43-45.

         On December 20, 2016, Bockelmann received notice that he would be transferred to the Fairview Heights/East St. Louis, Illinois area (Fairview Heights).

         On December 21, 2016, Bradley was charged in Illinois Circuit Court for Sangamon County with violating the order of protection by entering the home of S.C.'s parents on December 16, 2016; chasing and harming S.C.; and damaging property in the home. T. 12-13.

         On December 22, 2016, Bradley, A.A., and S.C. were stopped in Mattoon for a traffic stop. A person named C Ell Jason Alan Ivy was also in the car. A.A. was driving. The officers took S.C. into protective custody and arrested A.A. and Bradley. At the time of the arrest, SC was searched and two cell phones (12/22 Phones) were found on her person. T. 14.

         Bradley was kept in custody due to the outstanding charge against him in Sangamon County, filed on December 21, 2016, which was based on the Defendant's actions at the home of S.C. on December 16, 2016. T. 13-14. Bradley has remained in custody since then. Bradley asked for permission for A.A. or S.C. to use one of 12/22 Phones to arrange for a ride. The officers refused his request. The Officers retained the 12/22 Phones. T. 14-15.

         Bradley states in his affidavit that after he was in jail, he spoke to his mother, Sharee Dozier, and asked her to retrieve the Subject Phone. Bradley Affidavit, ¶ 6. Dozier states in her affidavit, admitted as Defendant's Exhibit 2, that she called the Mattoon police department three times and the Sangamon County Jail once to request the release of the Subject Cell. Motion, Exhibit 2, Affidavit of Sharee Dozier, ¶¶ 4-10.

         The Coles County Jail and the Sangamon County Jail (collectively the Jails) recorded all inmate calls. The Jails recorded 11 calls between Bradley and Dozier. T. 30. Harmon listened to all of Bradley's recorded calls, including those with Dozier. During the calls, Bradley never asked his mother to retrieve the Subject Phone or any other phone. Harmon also checked with Mattoon police officials, and no one recalled any calls from anyone requesting any of Bradley's personal property. T. 29-30.

         On December 27, 2016, Bockelmann and FBI Office Support Technician Krystin Kohlrus prepared a Case Opening Memorandum for the investigation of Bradley's possible sex trafficking of the child victim S.C., admitted as Defendant's Exhibit 4. The Memorandum stated that Bockelmann would immediately seek a warrant to search the 12/7 Phones, including the Subject Phone. Case Opening Memorandum, at 5. Harmon had told Bockelmann that he needed a warrant to search the data on the phones taken by the police on 12/7/2016 (the 12/7 Phones), including the Subject Phone. Harmon did not recall telling Bockelmann that he had to get the warrant “immediately.” T. 45. Based on the information Harmon had received from Bockelmann, Harmon believed Bockelmann had enough information to argue that probable cause existed to secure a warrant to search the 12/7 Phones, including the Subject Phone. T. 46, 56.

         On January 5, 2017, Bradley was transported to the Sangamon County Jail. Bradley had no visitors at the Coles County Jail prior to the transfer to Sangamon County. Bradley had no visitors at the Coles County Jail during his detention from December 23, 2016 to January 5, 2017. T. 30.

         On January 7, 2017, Bockelmann transferred to Fairview Heights. From December 20, 2016, to January 8, 2017, Bockelmann spent much of his time arranging for the move of his family from Springfield to Fairview Heights. T. 56. On January 9, 2017, Harmon became the FBI Special Agent on this case. Harmon did not recall reviewing the Case Opening Memorandum or other evidence related to this investigation until the case was assigned to him on January 9. T. 45.

         The Springfield FBI Office had approximately 20 Special Agents. Ten of these Special Agents were administrators who did not investigate ongoing cases. T. 39. The other ten Special Agents handled all the investigations for all types of cases in 15 counties in Illinois. Harmon was the only agent in the Springfield FBI office assigned to investigate sex-trafficking of minors. T. 58. He also had responsibility over financial crimes investigations and civil rights investigations. T. 58. Harmon had numerous cases assigned to him. See T. 18-21, 27, 59-60.

         On January 8, 2017, Bradley talked to S.C. by telephone. The call was recorded, as were all outgoing calls by persons in custody. They discussed the fact that the Mattoon police still had their telephones and a laptop computer. They did not ...


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