6:25-cr-06033•USA v. Steinmetz
Testo completo
- 1 - UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, REPORT AND RECOMMENDATION v. 6:25-CR-06033 FPG CDH PATRICK J. STEINMETZ, Defendant. INTRODUCTION Defendant Patrick J. Steinmetz (“Steinmetz”) is charged by indictment returned on February 25, 2025, with two counts of production of child pornography in violation of 18 U.S.C. § 2251(a) and (e) (Counts 1 and 2), and one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) (Count 3). (Dkt. 42). This matter has been referred to me to address all pre-trial matters, “including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B).” (Dkt. 44). Steinmetz has filed pre-trial motions seeking: (1) suppression of statements; (2) disclosure of Brady1 material; (3) disclosure of witness statements; (4) disclosure of evidence pursuant to Federal Rules of Evidence 404(b), 608, and 609; (5) preservation of rough notes; and (6) suppression of evidence derived from the 1 Brady v. Maryland, 373 U.S. 83 (1963). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 1 of 38
- 2 - search and seizure of his cell phones. (Dkt. 57; Dkt. 70). 2 The government opposes these motions. (Dkt. 60). On June 23, 2025, I granted Steinmetz leave to file supplemental motions. (Dkt. 64). He thereafter filed a supplemental motion for suppression of evidence derived from execution of a search warrant on his cell phone. (Dkt. 65). The government also opposes this supplemental motion. (Dkt. 66). I held oral argument on Steinmetz’s motions on August 13, 2025, and determined that an evidentiary hearing was required with respect to Steinmetz’s motion for suppression of statements. (See Dkt. 71). An evidentiary hearing on Steinmetz’s motion to suppress statements was held on September 11, 2025. (Dkt. 74). Post-hearing briefing was filed by Steinmetz on October 23, 2025, and by the government on November 5, 2025. (Dkt. 79; Dkt. 80). For the reasons set forth below, I recommend that the District Judge deny Steinmetz’s motions for suppression. 3 BACKGROUND I. Initial Investigation On March 30, 2024, deputies from the Livingston County Sheriff’s Office (“LCSO”) were dispatched to investigate reports that a minor (“MV1”) had been sexually assaulted by Steinmetz. (Dkt. 70-1 at ¶ 4). MV1 provided a written statement alleging that Steinmetz had sexually assaulted her on March 28, 2024, and 2 Steinmetz’s unredacted motion papers contain identifying victim information and have accordingly been sealed. (See Dkt. 58). A redacted version has been publicly filed at Docket No. 70. 3 My resolution of Steinmetz’s remaining motions is set forth in a contemporaneously issued Decision and Order. Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 2 of 38
- 3 - that he had done the same thing on approximately ten occasions since the previous summer. (Gov’t Briefing Exhibit 1). 4 Also on March 30, 2024, Steinmetz’s wife, Carrie Steinmetz (“Carrie”), gave law enforcement permission to search the residence she shared with Steinmetz. (Gov’t Briefing Exhibit 2). On April 1, 2024, LCSO investigators went to Steinmetz’s residence seeking to conduct an interview with him. (See Dkt. 76 at 42). Initially informed by a family member that Steinmetz was not there, the investigators later returned and discovered that Steinmetz had cut both of his wrists. (Id. at 42-43). Emergency medical services were called and transported Steinmetz to Strong Memorial Hospital. (Id. at 44, 70). II. Recovery and Search of Cell Phones Also on April 1, 2024, LCSO investigators learned that Steinmetz had used a cell phone to take sexual photos and recordings of MV1. (Id. at 3). Meagan Pike (“Pike”), a relative of MV1, provided a written statement on April 1, 2024, in which she reported that she was with MV1 at Steinmetz’s residence when MV1 remembered that Steinmetz had given her a cell phone to hide because it contained recordings and photographs of what Steinmetz had done to MV1. (Gov’t Briefing Exhibit 3). According to Pike’s written statement, MV1 then went into Steinmetz’s and Carrie’s bedroom and located five cell phones, which she gave to Pike to turn over to law enforcement. (Id.). MV1 also provided a written statement on April 1, 2024, in which—consistent with Pike’s statement—she reported that she was at Steinmetz’s residence with Pike 4 The government submitted exhibits both in connection with its opposition papers and at the evidentiary hearing. For clarity, I refer to the former as “Gov’t Briefing Exhibits” and the latter as “Gov’t Hearing Exhibits.” Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 3 of 38
- 4 - that afternoon when she recalled that Steinmetz had used a cell phone to take recordings while engaging in sexual activity with her and to take photographs and recordings of her naked body. (Gov’t Briefing Exhibit 4). MV1 stated that Steinmetz had given her the cell phone “to hide” and that this information had “completely slipped [her] mind” when she spoke to law enforcement on March 30, 2024. (Id.). MVI stated that she went into Steinmetz’s and Carrie’s bedroom and located five cell phones, which she left with Pike. (Id.). On April 2, 2024, Carrie provided a written statement in which she indicated that any phone recovered from her bedroom was “owned by” her, that she was the “bill payer and purchaser for all the devices used and owned” by her family members, and that she gave LCSO Investigators Connor Sanford (“Investigator Sanford”) and James Merrick (“Investigator Merrick”) permission to search all the devices that were found in her bedroom. (Gov’t Briefing Exhibit 5). Carrie also signed consent forms for searches of four cell phones in which she stated that she was the “owner and bill payer” of the devices, had been advised of her right to refuse consent, and voluntarily gave permission for law enforcement to perform a complete search of the devices. (Gov’t Briefing Exhibit 6). The four cell phones were: (1) a Samsung SM-A146U; (2) a TCL 30z T602DL; (3) an Ans Artia ACK2326; and (4) a Max West Astro 55R (the “Max West Astro”). (Id.). 5 Carrie able to unlock all of the phones (including the Max West Astro) with a PIN or fingerprint. (See Gov’t Briefing Exhibit 5; Gov’t Briefing Exhibit 7 at ¶ 13). On April 2, 2024, Investigator Sanford performed a forensic examination of the Max West Astro and recovered video files depicting MV1’s naked body and Steinmetz committing a sexual assault on MV1. (Dkt. 1 at ¶ 16). 5 The fifth cell phone had been factory reset. (Dkt. 60 at 4). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 4 of 38
- 5 - On March 28, 2025, United States Magistrate Judge Mark W. Pedersen signed a search warrant authorizing a forensic examination of the four cell phones. (Gov’t Briefing Exhibit 7). The affidavit in support of the search warrant application states that Investigator Sanford conducted data extraction and forensic examination of the cell phones using a basic forensic examination tool but explains that more advanced tools used by a forensic examiner “could yield additional evidence and information not revealed by the original extraction done with the basic tool.” (Id. at ¶ 14). The affidavit does not, however, provide any information regarding what evidence and information was uncovered during the original search. III. Interview of Steinmetz Steinmetz was interviewed by Investigator Sanford on April 4, 2024. At the evidentiary hearing, the government admitted a compact disc containing video- and audiotape of this interview. (Gov’t Hearing Exhibit 4). A summary of these recordings follows. Investigator Sanford and Steinmetz enter the interview room together. Steinmetz’s left forearm, wrist, and hand are covered in a bandage. He sits in a chair in the corner of the room and Investigator Sanford sits at a desk on which there is a written form. Investigator Sanford asks if Steinmetz would like water or anything to drink and Steinmetz replies that he has had three energy drinks and is “good.” Investigator Sanford notes that he and Steinmetz have developed a rapport because they just “shot the shit” for the last roughly 30 minutes and reminds Steinmetz that he is conducting a joint investigation with Child Protective Services. Steinmetz makes a comment about the FBI and Investigator Sanford states that there are rules that he, as an investigator, has to follow. Steinmetz says that he has never been Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 5 of 38
- 6 - through “this type” of investigation before but that he has been through homicide investigations. Investigator Sanford says that Steinmetz has “been through it all” and “lived a hell of a life,” to which Steinmetz agrees. Steinmetz states that he feels like this investigation is going to “take [him] out” but that he did not do anything. Investigator Sanford says that law enforcement has MV1’s side of the story and that he is there to talk to Steinmetz about his side of the story. Investigator Sanford starts to explain the procedures that will occur before they speak about the facts and about the questions that he needs to ask Steinmetz, and Steinmetz interjects that he has a bad memory and may struggle with dates and other details. Investigator Sanford then advises Steinmetz that he is not under arrest and Steinmetz interrupts to confirm that he is already aware of this fact. Investigator Sanford says that he knows but that he needs to provide Steinmetz with Miranda6 warnings, referring to a form that is on the desk. Steinmetz says, “You’ve gotta read that there?” and Investigator Sanford replies, “Before we ask any questions.” Steinmetz expresses concern about Carrie being provided with Miranda warnings and the possibility that she will be scared, and Investigator Sanford reiterates that he and Steinmetz need to read the warnings before they talk. Steinmetz says that he knows how it works but that Carrie has not read the warnings before. Investigator Sanford tells him not to worry about Carrie and Steinmetz replies that he is “worried about all this shit.” Investigator Sanford notes the time and then provides Steinmetz with the Miranda warnings. He asks, “Do you understand these rights?” and Steinmetz replies, “Yes.” He then says, “I’m stupid but I’m not that stupid.” Investigator Sanford 6 See Miranda v. Arizona, 384 U.S. 436 (1966). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 6 of 38
- 7 - asks Steinmetz if he is still willing to answer questions after having been read his rights and Steinmetz says, “Yes.” Investigator Sanford asks Steinmetz to print and sign his name on the written form and Steinmetz does so. Investigator Sanford also signs the form. A copy of the signed Miranda warning form was admitted at the evidentiary hearing. (Gov’t Hearing Exhibit 1). Steinmetz and Investigator Sanford discuss Steinmetz’s wrist injury and whether he is right- or left-handed. They then begin discussing the investigation and MV1’s allegations. Early in the discussion, Investigator Sanford tells Steinmetz to let him know at any time if he needs a drink or to use the restroom and states that he will keep Steinmetz as comfortable as possible. Steinmetz and Investigator Sanford discuss Steinmetz’s family, history, and relationship with Carrie. Steinmetz is lucid and able to provide detailed information about these topics. For example, he provides a list of five different streets on which he and Carrie previously lived. He also explains the meaning behind certain of his tattoos. Investigator Sanford moves onto asking Steinmetz about his daily life and his responsibilities at home. They begin discussing the events of March 28, 2024, which Steinmetz recalls in detail, including the times that particular events occurred. They discuss MV1, MV1’s boyfriend, and their relationship. Investigator Sanford and Steinmetz discuss Steinmetz’s history and the fact that he has taken responsibility for his conduct in the past. Investigator Sanford asks Steinmetz about MV1 and Steinmetz denies having engaged in sexual conduct with her. Investigator Sanford tells Steinmetz that a video was recovered of Steinmetz and MV1. Investigator Sanford asks Steinmetz to tell him why it happened, and Steinmetz says that he has a “problem in [his] brain” and personality disorders and Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 7 of 38
- 8 - that he did not do it. Steinmetz says he does not know what happens and that he does not know “half the shit” he does. Investigator Sanford asks if he has a mental illness and Steinmetz says that he has “mental problems, period.” He says that when he has “attacks” he blacks out for days and does not know who he is for that time period. He also states that another personality named “James” comes out and that “whatever happens, happens.” Steinmetz continues to state that he did not do anything to MV1 and says he wants to take a lie detector test. Investigator Sanford begins to describe the contents of the video. There is continued discussion about whether it was Steinmetz or “James” who engaged in the conduct depicted on the video. Steinmetz then provides details on sexual activity between “James” and MV1 while also claiming that he does not remember what happened. The discussion continues in this vein. Investigator Sanford says that he needs a drink and asks Steinmetz if he needs a drink; Steinmetz declines. Investigator Sanford says he is going to step out of the room and Steinmetz asks him what’s going to happen next. Investigator Sanford says he has to talk to his boss. Steinmetz expresses his desire to go home and Investigator Sanford says that is not going to happen. Steinmetz asks if he is going to jail and if he will get bail, and Investigator Sanford says that it will be up to a judge and that Steinmetz will be arraigned at 7:00 o’clock. Steinmetz asks what time it is and Investigator Sanford says that it is 1:30 and tells Steinmetz to “sit tight.” They discuss the booking process and Steinmetz’s need for surgery and Investigator Sanford leaves the room. While Investigator Sanford is out of the room, it appears that Steinmetz uses a green vape device. Investigator Sanford re-enters the room and offers Steinmetz a beverage. He Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 8 of 38
- 9 - observes the green vape device and says, “Is that just a vape?” Steinmetz says, “This one is, yeah.” He states that he was “hitting on” it and Investigator Sanford repeats, “Just a vape?” Steinmetz says yes and Investigator Sanford says Steinmetz can “hit” it. Investigator Sanford asks again if Steinmetz wants a drink and Steinmetz declines. Investigator Sanford leaves for approximately 20 minutes, during which time Steinmetz continues to occasionally use the green vape device. Investigator Sanford re-enters the interview room and tells Steinmetz that he is going to use a laptop to type up a statement regarding what they talked about and that he will read it out loud to Steinmetz and then have Steinmetz sign it. Steinmetz asks if law enforcement is going to “tell [his] wife,” and Investigator Sanford says no and that Steinmetz will be given an opportunity to talk to her. Steinmetz asks if he’s going to see a lawyer and Investigator Sanford says he will at his arraignment. Steinmetz inquires about his odds of getting bail and Investigator Sanford says that issue is not for him to decide. Investigator Sanford says he will keep the statement “short and sweet” and Steinmetz says Investigator Sanford does not have to read it back to him. Investigator Sanford says he is going to because Steinmetz reported difficulty reading. After some additional discussion about the events involving MV1, Investigator Sanford has Steinmetz tell him again what happened and types up a written statement. Investigator Sanford reads the statement to Steinmetz twice, once from the laptop and once from a printout. He asks Steinmetz if everything in the statement is true and accurate and Steinmetz indicates that it is. Steinmetz signs and dates the statement and Investigator Sanford signs it as a witness. A copy of this statement was admitted at the evidentiary hearing. (Gov’t Hearing Exhibit 2). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 9 of 38
- 10 - Steinmetz asks to speak with Carrie and Investigator Sanford says she will be brought up. Investigator Sanford leaves. He returns and asks Steinmetz about his cell phone. Another law enforcement officer enters and discusses some technological issues with Investigator Sanford. The three men discuss having Carrie brought up to speak with Steinmetz and then Investigator Sanford and the other officer leave. Steinmetz makes a phone call to Carrie in which he says “they” are going to book him into jail and “have you come up to talk to me” and that he is “not facing 20 years for this bitch” and is “copping out to whatever the fuck they give [him].” He reiterates that he will talk to Carrie when she is brought up and discusses being arraigned and his ability to pay for bail. An officer enters and tells Steinmetz he cannot be on his phone and Steinmetz apologizes. The officer moves the cell phone to the other side of the desk and leaves. Steinmetz again appears to use the green vape device while alone in the interview room. Investigator Sanford reenters and reads Steinmetz a form consenting to a search of his cell phone. Steinmetz signs and dates the form. Investigator Sanford leaves with Steinmetz’s cell phone and Steinmetz uses the green vape device. Investigator Sanford comes back and performs a pat down of Steinmetz. He takes the green vape device. Shortly thereafter, he returns with Carrie, who sits in a chair in the interview room. Carrie and Steinmetz discuss what is going to happen and what Carrie is going to do. Investigator Sanford stands in the doorway and he, Steinmetz, and Carrie discuss the arraignment, the possibility of bail, and Steinmetz’s need for surgery. Steinmetz gives Carrie a hug and a kiss and she and Investigator Sanford leave. Steinmetz remains in the interview room until Investigator Sanford returns Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 10 of 38
- 11 - and tells him that he is under arrest and is being charged with “a handful of counts” for “criminal sex act” and a count for “possessing and promoting” and that he needs to step into Investigator Sanford’s office. Investigator Sanford turns off the lights and he and Steinmetz leave the interview room. IV. Steinmetz’s Declarations Steinmetz has submitted two sworn declarations in connection with these motions. (Dkt. 57-2; Dkt. 65-2; Dkt 70-2). In his first declaration, which is dated May 16, 2025, Steinmetz states that on April 4, 2024, he had been using cocaine and THC prior to attending an appointment with his doctor at Strong Memorial Hospital. (Dkt. 70-2 at ¶¶ 8-9). Steinmetz claims that he was “extremely high on THC and cocaine” and that he continued to use a THC vape pen in the waiting room. (Id. at ¶ 10). According to Steinmetz’s declaration, while he and Carrie were in the waiting room, Carrie received a phone call from an LCSO investigator who arranged to pick them up and drive them to Geneseo for an interview after the appointment. (Id. at ¶¶ 11- 13). Steinmetz claims that he continued using the vape pen on the way to the LCSO, that he was “extremely high on cocaine and THC” during his interview with law enforcement, and that he was “not in [his] right mind” and does not “recall any of the statements allegedly made by [him]” during the interview. (Id. at ¶ 14). Steinmetz further states that “[t]he investigators never asked [him] if [he] was under the influence of any drugs.” (Id.). With respect to cell phones, Steinmetz states that in 2024 he owned two cell phones, both of which he paid for. (Id. at ¶¶ 16-17). Steinmetz states that one of the phones was on his person when he was arrested and that he used this phone for making calls. (Id. at ¶ 16). He states that he used the other phone for “Facebook, Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 11 of 38
- 12 - games, emails, YouTube[,] etc.” and that he “did not carry this phone out of the house except on rare occasions.” (Id. at ¶ 17). Steinmetz states that Carrie had her own phones and that he “never had a reason to use [Carrie’s] phones, and she never had a reason to use [his phones].” (Id. at ¶ 19). 7 Steinmetz acknowledges that Carrie knew his passwords and would have been able to access his phones. (Id. at ¶ 24). He states that he does not know if Carrie “monitored [his] phone” but that he does not think she did. (Id. at ¶ 21). In his second declaration, which is dated July 7, 2025, Steinmetz clarifies that the cell phone that he owned that was recovered from his residence was the Max West Astro. (Dkt. 65-2 at ¶ 5). Steinmetz states that this phone “was purchased by [him] and belonged to [him]” and that “[a]t no time did [he] give anyone . . . permission to take or digitally search this phone.” (Id. at ¶¶ 6-7). V. Investigator Sanford’s Hearing Testimony The government called Investigator Sanford as its sole witness at the evidentiary hearing held on September 11, 2025. (Dkt. 76). Investigator Sanford testified that he has been employed by the LCSO since June of 2014 and that he was promoted to criminal investigator in September of 2019. (Id. at 5). He described his training, including training at the police academy to determine if someone is impaired or intoxicated. (Id. at 5-6). Investigator Sanford explained that he had subsequently attended an advanced training known as “Advanced Roadside Impairment Detection 7 Contrary to this representation, when asked for his phone number during his interview on April 4, 2024, Steinmetz stated that he did not know his phone number because he “use[s] hers.” He then gave the phone number for the TCL 30z T602DL cell phone recovered from his and Carrie’s shared bedroom, not the phone number for the Max West Astro or the phone he had on his person. (Compare Gov’t Briefing Exhibit 6 with Gov’t Briefing Exhibit 9). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 12 of 38
- 13 - Enforcement” where he learned to do additional tests to determine if someone was impaired or intoxicated by alcohol or drugs. (Id. at 7). He then underwent training to become a “Drug Recognition Expert,” meaning that he was specially trained to determine if someone was impaired or under the influence of drugs. (Id. at 7-9). He testified that as a result of this training, he is familiar with identifying individuals who are under the influence of cocaine and THC. (Id. at 9). Investigator Sanford testified about his interactions with Steinmetz on April 4, 2024. (Id. at 11). He testified that he learned that Steinmetz was at a medical appointment in Henrietta and reached out to Carrie to ask if she could advise him and Investigator Merrick when the appointment was over. (Id. at 11-13). Steinmetz and Carrie were waiting for a MediCab but agreed to ride back to the LCSO with Investigator Sanford and Investigator Merrick to be interviewed. (Id. at 13). According to Investigator Sanford, Steinmetz was “eager to talk” and said that he wanted to “take a polygraph” and “fight for [his] innocence.” (Id.). Investigator Sanford testified that Steinmetz “[a]bsolutely” did not appear intoxicated but rather was “standing on his feet,” “walking around,” “communicating . . . fine,” and seemed “completely normal.” (Id. at 14). Investigator Sanford further testified that he drove the vehicle from Henrietta to Geneseo, that Investigator Merrick was in the front passenger seat, and that Carrie and Steinmetz were in the rear seat. (Id. at 15). Investigator Sanford was not able to observe Steinmetz during the drive and did not see if he was smoking, but he did not smell anything that smelled like smoke. (Id.). Investigator Sanford recounted his interview of Steinmetz and testified that Steinmetz did not appear to be under the influence of drugs or alcohol at the Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 13 of 38
- 14 - beginning of the interview, including when Investigator Sanford advised him of his Miranda rights. (Id. at 17). Investigator Sanford further testified that, based on Steinmetz’s “physical and clinical indicators,” he did not appear to be under the influence of drugs or alcohol at any point during their interactions on April 4, 2024. (Id.). Investigator Sanford noted that Steinmetz appeared to understand what was going on and did not exhibit any confusion about what was happening. (Id. at 18). He also did not appear to have difficulty understanding or answering Investigator Sanford’s questions. (Id.). Investigator Sanford testified that prior to interviewing Steinmetz on April 4, 2024, he had listened to numerous audio messages of Steinmetz talking to MV1. (Id. at 29). He stated that Steinmetz’s voice during the interview sounded similar to how he had previously heard it and that Steinmetz has a “very low raspy voice.” (Id.). Investigator Sanford confirmed that there was nothing about the way Steinmetz was speaking during the interview that indicated to Investigator Sanford that he was under the influence of drugs. (Id.). He acknowledged that Steinmetz used a vape device at various times while in the interview room but reiterated that at no time during the interview did Steinmetz appear intoxicated or under the influence of drugs or alcohol. (Id. at 30). Investigator Sanford recounted the process by which Steinmetz’s interview was reduced to a written statement. (Id. at 31-32). Investigator Sanford testified that he arrested Steinmetz on April 4, 2024, and that before taking Steinmetz into custody he completed a “pre-arraignment medical and mental health form.” (Id. at 36). This form was admitted into evidence. (Gov’t Hearing Exhibit 3). The form contains a box labeled “Deputy/Officer Observations,” which asks, among other things, if the Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 14 of 38
- 15 - detainee is “coherent,” “[d]isoriented,” “[s]howing signs of mental illness,” or “appear[s] to be under the influence of drugs or alcohol.” (Id.). The “Yes” box is checked for “coherent,” and the “No” box is checked for each of the other noted items. (Id.). Investigator Sanford testified that he completed these questions himself, based on his observations. (Dkt. 76 at 37). The form contains a second box labeled “Questions to be asked of the detainee.” (Gov’t Hearing Exhibit 3). Investigator Sanford testified that he asks those questions out loud and that the detainee answers yes, no, or refused. (Dkt. 76 at 37). The question “Do you have a history of drug or alcohol abuse?” is answered “No,” as are the questions “Will you be withdrawing from drugs or alcohol?” and “Have you ingested any drugs or substances since the time you were stopped?” (Gov’t Hearing Exhibit 3). Investigator Sanford specifically testified that Steinmetz answered “no” to the question “Have you ingested any drugs or substances since the time you were stopped?” (Dkt. 76 at 39). On cross-examination, Investigator Sanford testified that he did not ask Steinmetz if he had been consuming drugs or if he had smoked any marijuana during the interview. (Id. at 48). Investigator Sanford was questioned regarding his familiarity with “THC vape pens” and whether they emit an odor that smells like marijuana. (Id. at 48-49). Investigator Sanford testified that he had never personally seen an odorless vape pen but that he knew that such a thing exists. (Id. at 49). Investigator Sanford testified that in his prior experience with THC vape pens, they emitted a “strong odor of cannabis.” (Id. at 49-50). He stated that he could not recall any odor from the vape device that Steinmetz was using on April 4, 2024, and that he could say “definitively” that he did not smell any odor of cannabis. (Id. at 51). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 15 of 38
- 16 - Investigator Sanford testified that he did not ask Steinmetz if he was on any medications as a result of his medical procedure on April 4, 2024. (Id. at 56). He further testified that he did not find it difficult to understand what Steinmetz was saying despite the fact that Steinmetz has a “low raspy voice.” (Id. at 57). Investigator Sanford confirmed that a raspy voice can be an “indicator[] for a narcotic analgesic,” but that having a raspy voice alone does not mean that someone is using drugs. (Id. at 57-58). Investigator Sanford was questioned about the effects of marijuana and explained that there are many strains of marijuana and that different strains may have different physical effects. (Id. at 58-60). He stated that drowsiness or speaking in a raspy voice could be possible reactions to marijuana use. (Id. at 60). He also explained that different people have different tolerances to different drugs, depending in part on their history of use. (Id.). On re-direct, Investigator Sanford affirmed that when he filled out the pre- arraignment form described above, he asked Steinmetz if he “had ingested any drugs or substances since he was stopped” before Steinmetz was brought down to booking and that Steinmetz said no. (Id. at 62). Investigator Sanford also explained that in determining whether someone was impaired by a drug, he would rely not on one factor or one observation but on the totality of his observations. (Id. at 63). He reiterated that at all times Steinmetz appeared to understand the process, where he was, and what he was doing. (Id. at 63-64). VI. Steinmetz’s Hearing Testimony At the evidentiary hearing on September 11, 2025, Steinmetz testified on his own behalf. (Id. at 65-66). Steinmetz testified regarding his mental health issues, Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 16 of 38
- 17 - stating that he had first experienced mental health issues eight years prior and had been mental health arrested over a dozen times. (Id. at 66-67). He stated that he had also attempted suicide over a dozen times and that he had been using drugs and alcohol since he was eight years old. (Id. at 67). Steinmetz testified that in April of 2024, he was using “[w]eed and cocaine” every day. (Id. at 68). 8 He testified that on April 4, 2024, he got up at 7:00 a.m. and “started smoking weed” and that about a half an hour later he “sniffed a lot of cocaine.” (Id. at 73). He estimated that he ingested 13 or 14 lines of cocaine in the morning, “throughout the time [he] was waiting to see the surgeon and then after the surgeon.” (Id. at 74). He stated that he was feeling anxious, depressed, and “[s]tressed out.” (Id. at 75). He also testified that the vape device he had was a “THC vape pen” and that he “just kept hitting it” every couple of minutes. (Id.). He testified that the vape device emitted a “fruity smell.” (Id. at 77). Steinmetz recalled that at his appointment, the doctor removed stitches, cleaned his wounds, checked his “veins and . . . nerves and tendons,” and restitched and rewrapped the wounds. (Id. at 76). He further recalled that Carrie told him after he came out of the appointment that she had received a call and that law enforcement wanted to talk to him. (Id.). Steinmetz testified that he rode to the LCSO with Investigator Sanford and his partner and recalled that Investigator Sanford was driving and that Steinmetz was seated behind him. (Id. at 76-77). Steinmetz testified that he was “out of it,” not “all there,” and “[s]tressed out” when he arrived at the LCSO. (Id. at 78). He claimed not to recall being interviewed, 8 Defense counsel initially referred to April of 2025 in his questioning but later clarified that the time period at issue was April of 2024. (Dkt. 76 at 68, 73). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 17 of 38
- 18 - having been read his Miranda warnings, or signing a statement. (Id. at 78-79). Steinmetz stated that he did not tell Investigator Sanford that he was under the influence of any drugs or alcohol. (Id. at 79). On cross-examination, Steinmetz testified that in the portions of the video played in court at the hearing, Investigator Sanford did not threaten him or force him to talk. (Id. at 82). He confirmed that he “sounded the same way” in the videotape of the interview as he did on the witness stand but denied that he “looked the same,” stating that he was high in the video, was wearing different clothes, and his hand was “braced up.” (Id. at 83). Steinmetz testified that it had been over a year since he used THC and cocaine. (Id. at 84). Steinmetz confirmed that he had signed the Miranda waiver form but stated that he did not remember doing so. (Id. at 85). Steinmetz was asked if he was worried about Carrie on the day of the interview and stated that he was “just asking about [his] wife” and that he “wasn’t worried about her responding to anything.” (Id. at 86). Steinmetz recalled that prior to his interview, he had last seen Carrie being taken to another room. (Id.). He also recalled that he saw her in the interview room that day, that he talked to her, and that he “gave her a kiss and told her [he] loved her.” (Id. at 86-87). Steinmetz testified that after that, Investigator Sanford took him to jail and that he saw a judge. (Id. at 89). On redirect, Steinmetz testified that he had been arrested and questioned by a police officer on prior occasions and that he had never previously given a voluntary statement because he had “always asked for a lawyer if [he] needed one.” (Id. at 90). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 18 of 38
- 19 - DISCUSSION I. Motions to Suppress Physical Evidence Steinmetz has moved to suppress “any evidence derived from search and seizure of [his] cell phones on the ground that such searches were conducted without a warrant in violation of [his] rights under the Fourth Amendment of the United States Constitution.” (Dkt. 70 at 2). He further seeks to suppress “evidence derived from execution of a search warrant on [his] cell phone on the ground that such was tainted by evidence obtained from a previous warrantless search.” (Dkt. 65 at 1). For the reasons that follow, I recommend that these motions be denied. A. Standing “Fourth Amendment rights are personal, and may be enforced only by persons whose own protection under the Amendment has been violated.” United States v. Fields, 113 F.3d 313, 320 (2d Cir. 1997). “A defendant seeking to suppress the fruits of a search by reason of a violation of the Fourth Amendment must show that he had a legitimate expectation of privacy in the place searched.” United States v. Hamilton, 538 F.3d 162, 167 (2d Cir. 2008) (quotation omitted). The Court’s analysis “involves two distinct questions: first, whether the individual had a subjective expectation of privacy; and second, whether that expectation of privacy is one that society accepts as reasonable.” Id. “Defendant has the burden of showing that he has standing to challenge admission of the seized evidence.” United States v. Sacco, 436 F.2d 780, 784 (2d Cir. 1971); see also United States v. Rivera-Figueroa, No. 17-CR-00183 LJV JJM, 2018 WL 7291428, at *11 (W.D.N.Y. Aug. 21, 2018) (“[A] defendant seeking to suppress evidence must demonstrate by a preponderance of the evidence that he had a reasonable expectation of privacy in the location or items searched.” (citation Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 19 of 38
- 20 - omitted)), adopted, 2019 WL 244490 (W.D.N.Y. Jan. 17, 2019). Steinmetz seeks suppression of evidence obtained from the four cell phones recovered from his residence. (See Dkt. 70-1 at ¶¶ 11-16). The government “agrees that, viewed in the light most favorable to [Steinmetz], [Steinmetz] has established standing” as to the Max West Astro. (Dkt. 66 at 4). However, the government does not concede that Steinmetz has established standing with respect to the other three phones. I agree with the government. Steinmetz has not asserted facts that would establish a reasonable expectation of privacy with respect to the other three phones nor offered any argument as to why he has standing to challenge the searches thereof. I accordingly conclude that Steinmetz has established standing only with respect to the Max West Astro. B. Request for an Evidentiary Hearing Steinmetz requests an evidentiary hearing in connection with his motions to suppress the evidence recovered from his cell phones. “[A]n evidentiary hearing on a motion to suppress ordinarily is required if the moving papers are sufficiently definite, specific, detailed, and nonconjectural to enable the court to conclude that contested issues of fact going to the validity of the search are in question.” United States v. Pena, 961 F.2d 333, 339 (2d Cir. 1992) (citation and quotation omitted). “In order to warrant a suppression hearing, the defendant must demonstrate a specific factual dispute that can be resolved by a hearing.” United States v. Richardson, No. 09-CR-55A SR, 2010 WL 5553995, at *1 (W.D.N.Y. Dec. 9, 2010), adopted, 2011 WL 53476 (W.D.N.Y. Jan. 7, 2011). “To sufficiently raise an issue of fact, the defendant, in moving for a suppression hearing, must include an affidavit of someone alleging personal knowledge of the relevant fact[.]” United States v. Marquez, 367 F. Supp. 2d Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 20 of 38
- 21 - 600, 603 (S.D.N.Y. 2005). “An attorney’s affidavit made without personal knowledge is insufficient to create an issue of fact requiring an evidentiary hearing.” United States v. Tata, No. 11-CR-6083 CJS, 2011 WL 7004205, at *1 (W.D.N.Y. Nov. 21, 2011), adopted, 2012 WL 92558 (W.D.N.Y. Jan. 11, 2012). “In the absence of a demonstrated issue of fact, there is no basis for holding an evidentiary hearing or suppressing the evidence.” United States v. Vandegrift, No. 18-CR-6044W, 2019 WL 2165566, at *2 (W.D.N.Y. Mar. 15, 2019) (quotation omitted), adopted, 2019 WL 2163536 (W.D.N.Y. May 17, 2019). At the oral argument held on August 13, 2025, I asked defense counsel what specific fact disputes relevant to the motion to suppress physical evidence required an evidentiary hearing. (See Dkt. 71). Defense counsel identified two such fact disputes: the relationship between Carrie and the cell phones, and whether MV1 was acting at the behest of law enforcement when she recovered the cell phones from Steinmetz’s residence (See id.). For the reasons that follow, I conclude that an evidentiary hearing is not required with respect to either of these purported fact disputes. Considering first the suggestion that MV1 was acting on instructions from law enforcement when she retrieved the cell phones, Steinmetz has failed to establish that a genuine dispute exists on this point. He has not submitted an affidavit from any individual with actual knowledge regarding this issue and has pointed to nothing other than speculation regarding the timing of MV1’s retrieval of the phones to support his assertion that it is possible MV1 was acting at the behest of law enforcement. “Where . . . a defendant’s allegations are based entirely on speculation or conjecture, the defendant is not entitled to an evidentiary hearing.” United States Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 21 of 38
- 22 - v. Villanueva, 32 F. Supp. 2d 635, 639 n.4 (S.D.N.Y. 1998). In the similar context of motions to suppress pretrial identification, courts have long recognized that “a defendant may not baldly request a hearing into the admissibility of pretrial identification evidence.” United States v. Williams, No. 13 CR. 580 JMF, 2014 WL 144920, at *1 (S.D.N.Y. Jan. 15, 2014) (quotation omitted). Instead, he must proffer some information to support his contention that law enforcement engaged in improper conduct. See id. (collecting cases). Seeking to “develop a factual record from which th[e] Court may divine the appropriateness of the . . . procedures employed . . . is a patently insufficient basis for a hearing.” Id. (original alteration and quotation omitted). Likewise, defense counsel’s suggestion that a hearing in this case would permit Steinmetz to explore the possibility that law enforcement instructed MV1 to retrieve the cell phones—a proposition for which there is no evidence in the record—fails to satisfy the requisite standard. Turning to the question of Carrie’s relationship to the cell phones, as to the three cell phones other than the Max West Astro, as noted above, Steinmetz has failed to establish standing to challenge the search of these cell phones. In any event, with respect to these phones, Steinmetz has neither produced nor pointed to anything that would call into question Carrie’s statements to law enforcement regarding her ownership thereof. There is no fact dispute as to these phones and no evidentiary hearing is required as to them. On the other hand, Steinmetz has shown fact disputes with respect to the Max West Astro—namely, as to whether it was he or Carrie who purchased this phone and paid the bills with respect thereto, as well as whether Carrie regularly used this phone. But that does not end the Court’s inquiry. An evidentiary hearing is required Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 22 of 38
- 23 - only where a fact dispute is material—that is, where its resolution in the defendant’s favor would call into question the validity of the search. See United States v. Rush, 352 F. Supp. 2d 383, 386 (E.D.N.Y. 2005) (“[A] district court is not required to hold an evidentiary hearing if the defendant’s ‘moving papers did not state sufficient facts which, if proven, would have required the granting of the relief requested.’” (quoting United States v. Culotta, 413 F.2d 1343, 1345 (2d Cir. 1969))). Here, for reasons set forth at length below, I conclude that even if Carrie did not purchase, use, or pay the bills for the Max West Astro, she had the apparent authority on April 2, 2024, to authorize a search thereof. Accordingly, no evidentiary hearing is required on Steinmetz’s motions to suppress physical evidence, and I recommend that his request for such a hearing be denied. C. Law Enforcement’s Receipt of the Cell Phones from Pike Steinmetz next argues that his Fourth Amendment rights were violated when MV1 removed the cell phones from his residence without permission, contending that “circumstances suggest that [MV1] was encouraged to take the phones by” law enforcement. (Dkt. 70-1 at ¶ 20). However, as noted above, the only “circumstance” identified by Steinmetz as supporting this speculation is that MV1 spoke to law enforcement on March 30, 2024, and retrieved the cell phones two days later, on April 1, 2024. (See id. at ¶ 21). Steinmetz offers no explanation for how this timing is indicative of impropriety on the part of law enforcement. Further, MV1’s written statement to law enforcement on March 30, 2024, makes no mention of video recordings or photographs on a cell phone. (Gov’t Briefing Exhibit 1). Nor has Steinmetz offered any evidence to call into question the written statements—affirmed under penalty of perjury—by MV1 and Pike in which they both report that on April Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 23 of 38
- 24 - 1, 2024, MV1 was at Steinmetz’s residence retrieving belongings when she recalled the existence of the photographs and video recordings. (Gov’t Briefing Exhibit 3; Gov’t Briefing Exhibit 4). MV1 and Pike also both state that it was MV1’s aunt who told MV1 to leave the cell phones with Pike so that Pike could turn them over to the LCSO. (Gov’t Briefing Exhibit 3; Gov’t Briefing Exhibit 4). More than 100 years ago, the Supreme Court held that the Fourth Amendment’s prohibition on unlawful searches and seizures is not implicated when a private individual takes the property of another person. Burdeau v. McDowell, 256 U.S. 465, 475 (1921). “In Burdeau, the Supreme Court held that the government does not violate the Fourth Amendment when it prosecutes a defendant using evidence obtained in the first instance—even unlawfully—by a private party.” United States v. Maher, 120 F.4th 297, 310 (2d Cir. 2024); see also Walter v. United States, 447 U.S. 649, 656 (1980) (“It has, of course, been settled since Burdeau . . . that a wrongful search or seizure conducted by a private party does not violate the Fourth Amendment and that such private wrongdoing does not deprive the government of the right to use evidence that it has acquired lawfully.”). Here, the cell phones at issue were obtained by a private individual (MV1) and turned over to another private individual (Pike), who then turned them over to the LCSO. There is no basis to conclude that either MV1 or Pike were acting “at the instigation of a government officer or authority.” Cassidy v. Chertoff, 471 F.3d 67, 74 (2d Cir. 2006). Under these circumstances, Steinmetz’s Fourth Amendment rights were not violated when the LCSO received the cell phones from Pike. D. Initial Search by Investigator Sanford Steinmetz argues that the forensic extraction performed by Investigator Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 24 of 38
- 25 - Sanford on April 2, 2024, violated his Fourth Amendment rights, contending that “[i]f . . . one of the cell phones was used by [him], no one, including Carrie . . . , can consent to a search.” (Dkt. 70-1 at ¶ 13). In opposition, the government argues that Carrie had “both actual and apparent authority” to authorize a search of the cell phones. (Dkt. 60 at 9). “A warrantless police search of a defendant’s private [property] which would otherwise violate the defendant’s rights under the Fourth Amendment is lawful if conducted pursuant to the consent, voluntarily given, of another person who has authority to consent by reason of that person’s ‘common authority over or other sufficient relationship to the [property].’” United States v. McGee, 564 F.3d 136, 138- 39 (2d Cir. 2009) (quoting United States v. Matlock, 415 U.S. 164, 171 (1974)). The Supreme Court has held that a third party’s authority to consent to a search may be actual or apparent. Illinois v. Rodriguez, 497 U.S. 177, 188-89 (1990). That is, “[e]ven if the person giving consent in fact lacked authority to do so, the consent may nonetheless validate the search if the person reasonably appeared to the police to possess authority to consent to the search.” McGee, 564 F.3d at 139. “The government bears the burden of establishing the reasonableness of the officers’ belief by a preponderance of the evidence.” United States v. Hadden, No. 20 CR. 468 (RMB), 2022 WL 214386, at *4 (S.D.N.Y. Jan. 25, 2022) (citing United States v. Trzaska, 859 F.2d 1118, 1120 (2d Cir. 1988)). Whether a third party has actual authority to consent to a search does not turn “upon the law of property, with its attendant historical and legal refinements.” Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 25 of 38
- 26 - Matlock, 415 U.S. at 171, n.7 (“Common authority is, of course, not to be implied from the mere property interest a third party has in the property.”). Instead, actual authority “rests . . . on mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants [or co-users] has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched.” Id. The Second Circuit has upheld third-party consents where “two prongs are present: first, the third party had access to the area searched, and, second, either: (a) common authority over the area; or (b) a substantial interest in the area; or (c) permission to gain access.” United States v. Davis, 967 F.2d 84, 87 (2d Cir. 1992) (citing United States v. Gradowski, 502 F.2d 563, 564 (2d Cir. 1974)). 9 To determine whether the person consenting to a search had apparent authority, courts examine whether “the facts available to the officer at the moment warrant a [person] of reasonable caution in the belief that the consenting party had authority over the premises [or property].” McGee, 564 F.3d at 139 (original alteration omitted) (quoting Rodriguez, 497 U.S. at 188). This inquiry is “objective,” and—unlike the determination of actual authority—is unaffected by information that comes to light later about the third party’s ability to consent, if the officer could not reasonably have known about it. United States v. LeClerc, 185 F. Supp. 3d 370, 376 (W.D.N.Y. 2016); see also United States v. Groves, 470 F.3d 311, 319 (7th Cir. 2006) (“Facts that 9 In McGee, the Second Circuit made clear that this formulation meant that “consents given in circumstances that conform[ed] to the two-prong pattern ha[d] already been upheld” and did not mean that “unless a consent conform[ed] to the two prongs, it [wa]s invalid.” 564 F.3d at 140 n.2. In other words, the two prongs identified in Davis are not the only pattern for which a valid third-party consent may be found. Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 26 of 38
- 27 - came to light after the search began cannot reasonably have influenced the officers’ beliefs regarding whether [the third party] possessed apparent authority.”). “[T]he third-party consent exception to the warrant requirement applies to cell phones . . . , just like other essential ‘effects’ protected by the Fourth Amendment.” United States v. Gardner, 887 F.3d 780, 783-84 (6th Cir. 2018) (finding that minor victim had apparent authority to consent to search of cell phone where she used the phone, had it in her possession on the relevant date, knew the phone’s passcode, and gave the phone to the officers, and that this would be true even if she told the officers her boyfriend owned the phone). The Fourth Circuit held in United States v. Perry, 92 F.4th 500 (4th Cir. 2024), cert. denied, 144 S. Ct. 2643 (2024), that the defendant’s girlfriend had actual authority to consent to a search of his cell phone where she had “at least joint . . . access and control over the cell phone at the time of the search,” had been the only person to use the phone for several months, “regularly used the phone for purely personal purposes,” and “had access to the contents of the entire phone.” Id. at 512-13. In United States v. Langenberg, 52 F.4th 755 (8th Cir. 2022), the Eighth Circuit held that a company’s co-owner had apparent authority to authorize a search of a salesman’s phone where he had possession of, knew the password and had access to, and claimed ownership of the phone at the time he turned it over to the police. Id. at 755-56. Here, as to the non-Max West Astro phones, I conclude that the government has proven by a preponderance of the evidence that Carrie had actual authority to consent to the search of these devices. Carrie signed a written statement—affirmed under penalty of perjury—in which she stated that she was the owner, purchaser, and bill payer for these devices. (Gov’t Briefing Exhibit 5). Steinmetz has not disputed Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 27 of 38
- 28 - these facts as to any phone other than the Max West Astro. These cell phones were found in Carrie’s and Steinmetz’s shared bedroom (Gov’t Briefing Exhibit 3; Gov’t Briefing Exhibit 4), and she was able to access them with a PIN or her fingerprint (Gov’t Briefing Exhibit 5; Gov’t Briefing Exhibit 7 at ¶ 13). Carrie thus had common authority over these phones and permission to gain access to them and their contents. As to the Max West Astro, I conclude that—even accepting Steinmetz’s representations regarding this device—the government has shown by a preponderance of the evidence that Investigator Sanford reasonably believed on April 2, 2024, that Carrie had authority to consent to a search of this cell phone. The Max West Astro (like the other cell phones) had been found in the bedroom Steinmetz and Carrie shared as husband and wife. (Gov’t Briefing Exhibit 3; Gov’t Briefing Exhibit 4). Carrie was able to access it with a passcode, a fact that Steinmetz acknowledges. (Dkt. 70-2 at ¶ 24); see LeClerc, 185 F. Supp. 3d at 377 (“The Second Circuit has suggested that marriage and shared ownership of property are important factors to consider in assessing whether a third-party has authority to consent to a search.”); cf. United States v. Scanlon, No. 1:15-CR-00142 EAW, 2017 WL 6001268, at *3 (W.D.N.Y. Dec. 4, 2017) (concluding that wife had apparent authority to consent to search of firearm cabinet where she “occupied the marital home with Defendant, the firearm cabinet was located with a glass front in plain view in the master bedroom that Defendant shared with his wife, Mrs. Scanlon had access to the key . . . , and Mrs. Scanlon physically unlocked the cabinet for [law enforcement]”). Carrie also affirmed under penalty of perjury that she owned, had purchased, and paid the bills for this phone (Gov’t Briefing Exhibit 5; see also Gov’t Briefing Exhibit 6 at 4) and a reasonable officer would have had no reason to question those representations at the Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 28 of 38
- 29 - time of the consent and the search. United States v. Archambault, No. 13-CR-100A, 2016 WL 3546022 (W.D.N.Y. May 10, 2016), is on point. There, the court concluded that even if the defendant owned and had exclusive use of the cell phone and memory card at issue, those facts “[did] not affect whether [a law enforcement officer], based on the facts known to him at the time, could have reasonably (but, perhaps, mistakenly) believed that the [d]efendant’s mother had authority to consent to the searches.” Id. at *4. In Archambault, the defendant had told his mother to remove electronic devices from his car. Id. at *1. His mother then told law enforcement that the defendant had left the cell phone at her house, that she had purchased the cell phone for her son, and that another of her sons had been using the phone since the defendant’s arrest. Id. The court concluded that these representations were sufficient to cause law enforcement to reasonably believe that the mother had apparent authority to consent to the search of the cell phone and the memory card. Id. at *1, *4.; see also United States v. Gregg, No. 8:17-CR-409-T-33JSS, 2017 WL 7101172, at *8 (M.D. Fla. Dec. 14, 2017) (finding the defendant’s wife had apparent authority to authorize a search of a cell phone and tablet “given that [she] had joint access to and control of the house, the bedroom, the closet, and the bedside table where she found the devices, and the lack of any indication that [the d]efendant forbade her from using the devices”), adopted, 2018 WL 585550 (M.D. Fla. Jan. 29, 2018), aff’d, 771 F. App’x 983 (11th Cir. 2019). Similarly, Carrie’s representations in this case, coupled with the Max West Astro having been recovered from her and Steinmetz’s marital bedroom and her ability to unlock the Max West Astro, are sufficient to establish apparent authority, because Steinmetz’s contradictory evidence (even if accepted as true) was not known Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 29 of 38
- 30 - to law enforcement at the time of the search. For these reasons, Carrie’s consent authorizing the searches of the cell phones recovered from her and Steinmetz’s marital bedroom—including the Max West Astro—was valid. I accordingly conclude that there is no basis to suppress the evidence obtained from those searches. E. Validity of the Search Warrant In his supplemental motion, Steinmetz seeks suppression of the evidence obtained from the Max West Astro pursuant to the search warrant signed by Judge Pedersen in April 2025. (Dkt. 65; Dkt. 65-1). Steinmetz argues that the search warrant “was obtained using evidence derived in the initial unlawful search” and that because Judge Pedersen “was told that [Steinmetz] had been charged, and the search warrant seeks additional evidence, that he could only have concluded that evidence was derived from the first digital search.” (Dkt. 65-1 at ¶¶ 6, 9). Steinmetz contends that any evidence obtained from the second forensic examination is therefore fruit of the poisonous tree and must be suppressed. (Id. at ¶¶ 10-11). Initially, I have concluded, for the reasons previously detailed, that the initial forensic examination of the Max West Astro was not unlawful. This conclusion is fatal to Steinmetz’s supplemental motion. See United States v. Antonelli, 434 F.2d 335, 338 (2d Cir. 1970) (“[W]here there is no ‘poisonous tree’ there can be no ‘fruit.’”). However, assuming for the sake of argument that the first forensic examination was unlawful, I still conclude that the search warrant was valid. Pursuant to the Fourth Amendment, “no warrants shall issue, but upon probable cause, supported by Oath or affirmation.” U.S. Const. amend. IV. “[P]robable cause is a fluid concept—turning on the assessment of probabilities in particular Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 30 of 38
- 31 - factual contexts—not readily, or even usefully, reduced to a neat set of legal rules.” Illinois v. Gates, 462 U.S. 213, 232 (1983). When assessing a search warrant application, the issuing judge must “make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, . . . there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Id. at 238. When reviewing a probable cause determination, a court asks whether the issuing judge “had a substantial basis for concluding that probable cause existed.” United States v. Falso, 544 F.3d 110, 117 (2d Cir. 2008) (alteration and citation omitted). “[A]lthough unlawfully obtained evidence should not be included in an affidavit, it is well established that the mere inclusion of tainted evidence in an affidavit does not, by itself, taint the warrant or the evidence seized pursuant to the warrant.” United States v. Peeples, 962 F.3d 677, 688 (2d Cir. 2020) (original alteration, footnote, and quotation omitted). Instead, “a reviewing court should excise the tainted evidence and determine whether the remaining, untainted evidence would provide a neutral magistrate with probable cause to issue a warrant.” Id. at 688-89 (alteration and citation omitted). Here, if the purportedly unlawfully obtained information is excised from the search warrant application, the remaining evidence is still sufficient to support a finding of probable cause. In particular, the warrant application details MV1’s statements to law enforcement regarding Steinmetz’s use of a cell phone to make video recordings and take photographs of her naked body and of his sexual abuse of her. (Gov’t Briefing Exhibit 7 at ¶ 12). It also sets forth the circumstances under which the cell phones were obtained by MV1 from Steinmetz’s and Carrie’s bedroom Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 31 of 38
- 32 - and turned over to the LCSO. (Id. at ¶¶ 11-12). This information is sufficient to support a finding of probable cause. See, e.g., United States v. Chapline, No. 18-CR- 235-LJV-MJR, 2020 WL 5260801, at *3 (W.D.N.Y. Mar. 27, 2020), adopted, 2020 WL 3166731 (W.D.N.Y. June 12, 2020); United States v. Jimenez, No. 16-CR-060-A, 2017 WL 2569684, at *4 (W.D.N.Y. June 14, 2017); United States v. Vonneida, No. 11-CR- 6210, 2012 WL 6651919, at *5-6 (W.D.N.Y. Nov. 1, 2012), adopted, No. 11-CR-6210, 2012 WL 6651927 (W.D.N.Y. Dec. 20, 2012). Under these circumstances, there is no basis to suppress the evidence obtained pursuant to the search warrant. F. Leon Good Faith Exception The government argues that, in any event, the good faith exception set forth in United States v. Leon, 468 U.S. 897 (1984), applies in this case. I agree. In Leon, the Supreme Court held that “the Fourth Amendment exclusionary rule should not be applied to evidence obtained by a police officer whose reliance on a search warrant issued by a neutral magistrate was based on ‘objective good faith,’ even though the warrant itself might ultimately be found to be defective.” United States v. Smith, No. 23-CR-6184FPG, 2024 WL 2924686, at *8 (W.D.N.Y. May 14, 2024) (citing Leon, 468 U.S. at 918-23), adopted, 2024 WL 2923015 (W.D.N.Y. June 10, 2024). “The burden is on the government to demonstrate the objective reasonableness of the officers’ good faith reliance on an invalidated warrant.” United States v. Williams, 350 F. Supp. 3d 261, 271 (W.D.N.Y. 2018) (citation and quotation omitted). The Leon good faith exception does not apply: (1) where the issuing magistrate has been knowingly misled; (2) where the issuing magistrate wholly abandoned his or her judicial role; (3) where the application is so lacking in indicia of probable cause as to render reliance upon it unreasonable; [or] (4) where the warrant is so facially deficient that reliance upon it is unreasonable. Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 32 of 38
- 33 - United States v. Moore, 968 F.2d 216, 222 (2d Cir. 1992) (citing Leon, 468 U.S. at 923). The Second Circuit has applied the Leon good faith exception where the search warrant application included information obtained through a search that was subsequently determined to be unlawful. United States v. Thomas, 757 F.2d 1359, 1368 (2d Cir. 1985); see United States v. Iverson, No. 14-CR-00197 LJV JJM, 2015 WL 13216848, at *8 (W.D.N.Y. Dec. 11, 2015), adopted, 166 F. Supp. 3d 350 (W.D.N.Y. 2016), aff’d, 897 F.3d 450 (2d Cir. 2018). The government has adequately demonstrated that the Leon good faith exception applies here. For the reasons already discussed, the search warrant is not facially deficient, nor does the application lack sufficient indicia of probable cause. The record is further devoid of any evidence that Judge Pedersen was knowingly misled or wholly abandoned his judicial role. Accordingly, even if the search warrant was defective in some manner, the evidence seized in reliance upon it should not be suppressed. For all these reasons, I recommend that Steinmetz’s motion and supplemental motion to suppress evidence recovered from his cell phones be denied. II. Motion to Suppress Statements Steinmetz also moves to suppress “any alleged oral or written statements or admissions involuntarily made by [him] to a law enforcement officer.” (Dkt. 70 at 1). Steinmetz argues that he “did not understand or appreciate his right to remain silent” when he was interviewed on April 4, 2024. (Dkt. 70-1 at ¶ 22). In his post-evidentiary hearing brief, Steinmetz contends that “his drug use was so severe that he could not understand or remember the Miranda warnings, demonstrating that his statement was not the product of rational intellect.” (Dkt. 79 at 3 (italics added)). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 33 of 38
- 34 - “The Fifth Amendment protects against compelled self-incrimination. It is well settled that before a suspect may properly be subjected to custodial interrogation, he must be informed that he has the right to remain silent, that any statement he makes may be used in evidence against him, and that he has the right to have counsel present.” United States v. Mathurin, 148 F.3d 68, 69 (2d Cir. 1998) (citing Miranda, 384 U.S. at 467-71). It is the government’s burden to demonstrate that Miranda warnings were given. Id. To establish a valid waiver of Miranda rights, the government must prove by a preponderance of the evidence “(1) that the relinquishment of the defendant’s rights was voluntary, and (2) that the defendant had a full awareness of the right being waived and of the consequences of waiving that right.” United States v. Jaswal, 47 F.3d 539, 542 (2d Cir. 1995) (citing Moran v. Burbine, 475 U.S. 412, 421 (1986). The Court assesses the voluntariness of a waiver based on “the totality of all the surrounding circumstances, including the accused’s characteristics, the conditions of interrogation, and the conduct of law enforcement officials.” United States v. Anderson, 929 F.2d 96, 99 (2d Cir. 1991). “A statement may still be voluntarily given even when the speaker is intoxicated or under the influence of drugs, as there is no per se rule that a confession given under such circumstances is involuntary.” United States v. Wyche, 307 F. Supp. 2d 453, 463 (E.D.N.Y. 2004) (further explaining that “[e]ven assuming that [the defendant] had taken alcohol or drugs the evening before his morning interrogation, the fact that he may have done so is not dispositive”). In this case, Steinmetz was advised of his Miranda rights, indicated that he understood them, and nevertheless voluntarily agreed to speak to law enforcement. He also signed a written waiver form. See United States v. Santiago, 709 F. Supp. 3d Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 34 of 38
- 35 - 65, 70 (D. Conn. 2024) (stating that “written Miranda waiver forms provide strong evidence that a defendant has voluntarily waived his Miranda rights” (quotation omitted)). While Steinmetz claims that he was so impaired by THC and cocaine that he did not understand his rights or his waiver thereof, that assertion is not credible and is not supported by the evidence of record. Investigator Sanford credibly testified that Steinmetz did not appear to be intoxicated or impaired by drug use at the time of the interview and waiver. Investigator Sanford’s testimony is supported by his experience and training, as well as the video and audio recordings of the interview and contemporaneous documentary evidence. During the interview, Steinmetz was able to provide detailed information about his family and history. Steinmetz “was clearly lucid and aware of what was going on. His answers to [Investigator Sanford’s] questions . . . were responsive and coherent. . . . Most importantly, when he was read his rights, [Steinmetz] showed no signs of confusion or incomprehension[.]” United States v. Reed, No. 21-CR-6057L 2023 WL 329328, at *2 (W.D.N.Y. Jan. 19, 2023); see also Avincola v. Stinson, 60 F. Supp. 2d 133, 160 (S.D.N.Y. 1999) (finding statements voluntary despite “physical manifestations of [the defendant’s] drug use,” where the defendant was alert and appeared to “appreciate the nature and consequences of his statements” (citation omitted)). Steinmetz’s hearing testimony, which he relies on in support of his motion, is not credible. While Steinmetz claimed to have very little memory of the morning of April 4, 2024, he was selectively able to remember portions of that morning in detail. For example, he recalled precisely what occurred leading up to and at his doctor’s appointment, despite claiming to have ingested 13 or 14 lines of cocaine and Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 35 of 38
- 36 - continually used THC. He recalled the drive to the LCSO and was able to state who was sitting where in the vehicle. He also recalled his interaction with Carrie at the end of the interview. It is wholly unbelievable that Steinmetz has no memory whatsoever of the interview itself due to his drug use and mental health issues, yet remembers the events immediately before and after. Steinmetz’s testimony is also completely inconsistent with the video and audio recordings of the interview, which—as explained above—show that he was lucid, engaged, and understood what was happening. Steinmetz was responsive to Investigator Sanford’s questions and asked his own relevant questions about the proceedings. In no way did he behave as someone who was so impaired as to be unable to comprehend or exercise his rights. And, significantly, Steinmetz’s voice, demeanor, and manner of speaking on the witness stand on April 4, 2024—a date on which he indisputably was not under the influence of drugs—were essentially the same as his voice, demeanor, and manner of speaking on the video and audio recordings. I am further unpersuaded by Steinmetz’s argument that it was incumbent on Investigator Sanford to ask him if he was under the influence of drugs or alcohol or to inquire about his mental health. Steinmetz cites no case law in support of the proposition that a law enforcement officer must make such an inquiry where an interviewee is lucid and does not appear to be under the influence of drugs or alcohol. Under the circumstances of this case, the government has easily met its burden of showing that Steinmetz’s waiver of his Miranda rights was knowing and voluntary. I accordingly recommend that Steinmetz’s motion to suppress statements be denied. Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 36 of 38
- 37 - CONCLUSION For all the foregoing reasons, I recommend that the District Judge deny Steinmetz’s motions for suppression of physical evidence and for suppression of statements. Pursuant to 28 U.S.C. § 636(b)(1), it is hereby ORDERED that this Report and Recommendation be filed with the Clerk of Court. Any objections to this Report and Recommendation must be filed with the Clerk of Court within fourteen days of service of this Report and Recommendation in accordance with the above statute, Federal Rules of Criminal Procedure 45 and 59(b), and Local Rule of Criminal Procedure 59. 10 Failure to file objections, or to request an extension of time to file objections, within fourteen days of service of this Report and Recommendation waives the right to appeal the District Court’s Order. See Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). The District Judge will ordinarily refuse to consider de novo arguments, case law, and/or evidentiary material which could have been, but were not, presented to the Magistrate Judge in the first instance. 10 Counsel is advised that a new period of excludable time pursuant to 18 U.S.C. § 3161(h)(1)(D) commences with the filing of this Report and Recommendation. Such period of excludable delay lasts only until objections to this Report and Recommendation are filed or until the fourteen days allowed for filing objections has elapsed. See United States v. Andress, 943 F.2d 622 (6th Cir. 1991); United States v. Long, 900 F.2d 1270 (8th Cir. 1990). Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 37 of 38
- 38 - Pursuant to Local Rule of Criminal Procedure 59(c)(2), written objections “shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for each objection, and shall be supported by legal authority.” Failure to comply with these provisions may result in the District Judge’s refusal to consider the objection. SO ORDERED. _______________________________ COLLEEN D. HOLLAND United States Magistrate Judge DATED: December 4, 2025 Rochester, New York __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ ______ __ __ __ __ __ __ __ __ __ __ ___ __ _______ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _____ __ __ __ __ __ __ __ __ __ __ __ __ ___ ______ _____ ___ ____ ______ __ _________________ __ __ __ __ ___ __________ ______ __ __ __ ____ __ __ __ __ __ __ __ ____ __ __ ____ ____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ _ CO CO CO CO CO CO CO CO CO CO C C CO CO CO C C C C LLEEN D H H H HOL OL OLLA LAND N Case 6:25-cr-06033-FPG-CDH Document 81 Filed 12/04/25 Page 38 of 38
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