United States District Court, C.D. Illinois, Springfield Division
REPORT AND RECOMMENDATION
SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
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.
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.
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
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.
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.
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.
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.
December 20, 2016, Bockelmann received notice that he would
be transferred to the Fairview Heights/East St. Louis,
Illinois area (Fairview Heights).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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