United States v. Aye

1

UNITED STATES OF AMERICA, Plaintiff, v. SAMUEL AYE, Defendant.

No. S1-4:21 CR 333-5 SEP (JMB)

United States District Court, E.D. Missouri, Eastern Division

June 5, 2023

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

JOHN M. BODENHAUSEN, UNITED STATES MAGISTRATE JUDGE

Currently before the Court are Defendant Samuel Aye's Motion to Suppress Evidence [ECF No. 155] and Motion to Suppress Statements [ECF No. 156]. The government opposes the motions. Pretrial motions were referred to the undersigned United States Magistrate Judge. See 28 U.S.C. § 636(b).

INTRODUCTION AND PROCEDURAL BACKGROUND

Samuel Aye is charged by indictment with a drug trafficking conspiracy. On December 27, 2022, Aye filed the pending suppression motions. The government filed responses in opposition on January 10, 2023. On Aye's request, the Court continued the evidentiary hearing until March 9, 2023. Aye and counsel Zachary Borowiak appeared for the hearing AUSA Angie Danis appeared for the government. At the outset of the hearing, the undersigned advised the parties that the issues raised in Aye's Motion to Suppress Evidence [ECF No. 155] could be resolved upon review of the “four-corners” of the search warrants and applications at issue. Regarding Aye's Motion to Suppress Statements [ECF No. 156], the government presented testimony through one witness, St. Louis Metropolitan Police Department Detective David Rudolph. [ECF No. 185] The government also introduced the following exhibits: a DVD recording of police interactions with Samuel Aye while in police custody on August 14, 2021 (Gov't Exh. 1); a transcript of the DVD recording (Gov't Exh. 1a); a search warrant for records associated with a T-Mobile account for the number 314-827-2904 (Gov't Exh. 2); a search warrant for a black and silver LG cellular telephone phone having the number 314-827-2904 (Gov't Exh. 3); and a search warrant for a blue and black Motorola cellular phone (Gov't Exh. 4). [ECF No. 186] At the conclusion of the hearing, the Court directed the parties to file post-hearing memoranda. The parties have filed their memoranda [ECF Nos. 216, 219] and the matter is ready for disposition.

Based on the testimony and evidence from the evidentiary hearing having had the opportunity to observe the demeanor and evaluate the credibility of the witness and to review the recording of Aye's police interview, having reviewed the search warrant documents submitted, and having fully considered parties' arguments and written submissions the undersigned makes the following findings of fact, conclusions of law, and recommendations.

FINDINGS OF FACT

David Rudolph is a homicide detective with the St. Louis Metropolitan Police Department (“SLMPD”). Det Rudolph has been an SLMPD officer since 2005, and a detective since about 2009. As discussed below, in May and August of 2021, Det. Rudolph was involved in the investigation of the shooting death of a person named Obbie Shaw.

As reflected in Gov't Exh. 2, on May 20, 2021, Det. Rudolph applied for a search warrant to obtain records from T-Mobile relating to a cell phone having the number 314-827-2904. The Application was made in the Circuit Court for the City of St. Louis, Missouri. The Application requested records in the custody of T-Mobile, including location information, subscriber information, call detail, and other records for the time period covering May 1, 2021, through May 17, 2021. In support of the Application, Det. Rudolph submitted a sworn Affidavit. A more thorough discussion of the Affidavit is included in the discussion of the issues below. The Affidavit summarized the investigation of the murder of Obbie Shaw and how investigators became aware of the T-Mobile cellular account at issue and its connection to Aye. A judge in the City of St. Louis issued a Search Warrant directing T-Mobile to produce the requested records. The various documents were signed by Det. Rudolph and the issuing judge at 9:15 a.m.^[1]

As reflected in Gov't Exh. 3, on May 20, 2021, Det. Rudolph also applied for a warrant to search a black and silver LG cellular telephone with the number 314-827-2904 (the same number as the T-Mobile account). The Application was made in the Circuit Court for the City of St. Louis, Missouri. The Application requested information located on the LG cellular telephone. In support of the Application, Det. Rudolph submitted a sworn Affidavit. This Affidavit was substantially similar to the T-Mobile Affidavit; it summarized the investigation of the murder of Obbie Shaw and explained how investigators came into possession of the LG cellular telephone at issue. The judge issued a Search Warrant authorizing the police to search the LG cellular telephone relative to murder and related crimes. The Application and Affidavit were signed by Det. Rudolph and the issuing judge at 9:15 a.m. The Search Warrant does not include a time.^[2]

As reflected in Gov't Exh. 4, on August 25, 2021, SLMPD Det. Steven Saito applied for a warrant to search a blue and black Motorola cellular telephone seized during Samuel Aye's arrest on August 24, 2021. The Application was made in the Circuit Court for the City of St. Louis, Missouri. The Application requested authority to search the Motorola cellular telephone. In support of the Application, Det. Saito submitted a sworn Affidavit. A more thorough discussion of the allegations in the Affidavit is provided below. The Affidavit summarized an arrest of Aye on August 24, 2021, and how investigators came into possession of the Motorola cellular telephone. The judge issued a Search Warrant authorizing the search of the Motorola cellular telephone relative to the felony crimes of unlawful possession of a firearm and possession of a controlled substance. The Application and Affidavit were signed by Det. Saito and the issuing judge at 11:25 a.m.

At the evidentiary hearing on Aye's Motion to Suppress Statements, Det. Rudolph testified regarding his interactions with Aye following Aye's arrest on August 24, 2021. Det. Rudolph testified that Aye was a suspect in the murder of Obbie Shaw, which occurred in May 2021. Det. Rudolph represented that he asked the SLMPD Intelligence Division to locate and arrest Aye due to the Shaw murder and because Aye had other outstanding warrants, including a felony warrant.

The circumstances of Aye's arrest were not developed in any detail at the evidentiary hearing. Det. Saito's Affidavit in support of a search warrant, reflected in Gov't Exh. 4 (referenced above), represents that the investigators learned that Aye was residing at an apartment on Schirmer Street with a person named Rachel Pinnon. On August 24, 2021, detectives arrested Aye at the Schirmer Street apartment. Det. Saito's Affidavit further represents that he conveyed Aye to the Homicide Division of the SLMPD Headquarters. While conveying Aye, Det. Saito advised Aye of his Miranda rights, and he questioned Aye about suspected narcotics and a cell phone found in the apartment.

As reflected in Det. Rudolph's testimony, as well as Gov't Exhs. 1 and 1a,^[3]Aye was placed in an interview room at about 7:37 a.m. on August 24, 2021. Almost immediately Aye spontaneously stated “I thought this case was over with, man. It was self-defense, man. Got caught in the cross fire, man.” (Gov't Exh. 1a at 2) Aye was restrained by his left wrist and provided water. The restraint was placed on Aye's wrist at his request to accommodate nerve/swelling issues. In the video, Aye does not appear to be in any substantial discomfort resulting from the restraint or his physical situation.

At about 10:22 a.m., Det. Rudolph and Det. Donald Thurman entered the room to interview Aye. Det. Thurman provided Miranda warnings to Aye. Aye answered a few basic pedigree-type questions but then unequivocally indicated that he did not want to speak with the detectives and that he wanted an attorney. The interview was terminated.

After Aye requested an attorney, Det. Rudolph advised Aye of the charges and turned his attention to the booking process. Det. Rudolph told Aye that he intended to present the matter to federal authorities.

Detective Rudolph left the interview room at about 10:24 a.m. At about 10:42 a.m., Det. Rudolph returned and asked Aye about his medical conditions and then left again. At about 10:51, Det. Rudolph re-entered the room and placed a wristband on Aye's right wrist and again left.

At about 10:54 a.m., Det. Rudolph returned to the interview room with booking paperwork. He explained to Aye that he had field booking sheets for the outstanding warrant and for a murder case.^[4] Det. Rudolph testified that the booking process generally involves asking questions and completing forms concerning pedigree, medical conditions, and property. The video shows that Det. Rudolph confirmed Aye's date of birth, Social Security Number, medications, and emergency contact information.

During this booking process, Aye asked Det. Rudolph how many drug charges he had and whether there was a federal charge. Det. Rudolph responded that there was only one drug charge, and he noted the date of the warrant and that it was for the City of St. Louis. Aye appeared cogent and lucid throughout this process.

According to Det. Rudolph, the booking process requires the suspect to sign in a few places. The video shows that Aye was fine with signing in some places but not in others. For example, it appears that he was comfortable signing to confirm his name. When Det. Rudolph presented Aye with a form reflecting the items seized, which included a gun, Aye asked “what am I signing for there? You never tell me nothing about a gun or a cell phone.” (Gov't Exh. 1a at 13-14) Det Rudolph told Aye that those were items seized from Aye, to which...