Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Hammalian

United States District Court, D. Vermont

April 25, 2018

UNITED STATES OF AMERICA,
v.
DONALD HAMMALIAN, JR., Defendant.

          OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE AND STATEMENTS (DOC. 38)

          Christina Reiss, District Judge

         Defendant Donald Hammalian, Jr. is charged with two counts of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). Pending before the court is Defendant's motion to suppress information obtained from service providers Google and Comcast without a warrant in violation of the Fourth Amendment, as well as evidence and statements subsequently obtained from him through the use of the information provided by Google and Comcast as fruits of an illegal search. (Doc. 38.)

         Defendant filed his motion to suppress on December 22, 2017. The government filed its opposition to the motion on February 2, 2018. On February 21, 2018, the court set the matter for a hearing to be held on April 20, 2018, however, on April 18, 2018, the parties agreed that the court should decide Defendant's motion on the pleadings without an evidentiary hearing or oral argument.

         Defendant is represented by Assistant Federal Public Defender Steven L. Barth. Assistant United States Attorney Barbara A. Masterson represents the government.

         I. Factual Background.

         In August 2016, the New York City Police Department ("NYPD") arrested an individual for child pornography offenses. The arrested individual provided the officers written consent and the passwords needed in order to search email accounts he had admitted to using for the purpose of trading child pornography. During this search, law enforcement found an email dated July 22, 2016 from the email address theandreahenderson5@gmail.com which contained links to websites that contained images of child pornography.

         NYPD forwarded this email address to Department of Homeland Security investigators, who issued a summons to Google on August 26, 2016. The summons sought:

[A]ll records regarding the identity of the following customer to include, but not limited to, registrant name, address, associated email addresses, all [media access control ("MAC")] addresses, telephone number, status of account, available [internet protocol ("IP")] history, length of service, and date account was opened concerning the account using the email address: theandreahenderson5@gmail.com.

(Doc. 38 at 2.) The summons further explained that it was issued pursuant to 19 U.S.C. § 1509 and that Google was "not to disclose the existence of this summons for an indefinite period of time." Id. (internal quotation marks omitted).

         Google responded to the summons by providing "subscriber information, including the name [associated with the account], email address, services used, creation date, login information, account [identification] number and IP addresses." (Doc. 42 at 2.) Once the investigators determined that the IP addresses provided were controlled by Comcast, they sent a summons to Comcast on September 21, 2016 seeking:

[A]ll records regarding the identity of the following customer to include, but not limited to, registrant name, address, email addresses, all MAC addresses, telephone number, status of account, available IP history, length of service, and date [the] account was opened concerning the account using [two specifically identified IP addresses] on [July 1 and 10, 2016 at specific times].

(Doc. 38 at 2.) This summons also explained that it was issued pursuant to 19 U.S.C. § 1509 and required Comcast "not to disclose the existence of this summons for an indefinite period of time." Id. at 3 (internal quotation marks omitted).

         Comcast's response identified the account subscriber[1] and "detailed the service[s] [used] and billing addresses, telephone number, type of service, account number, date [the] service began, account status, IP history, MAC address, and the email user [identification]." (Doc. 42 at 2.)

         Based on the foregoing information, on November 9, 2016, investigators obtained a search warrant for Defendant's residence located at 21 Garden Lane, Bennington, Vermont. They executed the warrant on November 10, 2016. On January 10, 2017, the agents obtained a second search warrant to search Defendant's Bennington residence after they reviewed video of the first search warrant's execution taken through a surveillance system set up in Defendant's residence. The video appeared to show Defendant hiding a digital device while the agents were outside his residence knocking and announcing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.