6:25-cr-06046•USA v. Brown
Testo completo
1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, v. RAYSEAN J. BROWN, Defendant. REPORT AND RECOMMENDATION 25-CR-6046-EAW-MJP APPEARANCES For the United States: Everardo A. Rodriguez U.S. Attorney’s Office - Rochester 100 State Street Suite 500 Rochester, NY 14614 For the Defendant: Bryan Scott Oathout Law Office of Bryan Oathout 45 Exchange Blvd. Suite 260 Rochester, NY 14614 INTRODUCTION Pedersen, M.J. Defendant Raysean J. Brown (“Defendant”) is charged by way of an indictment returned on March 18, 2025, with two counts as follows: (1) Narcotics Conspiracy; (2) Possession of Firearms in Furtherance of a Drug Trafficking Offense. (Indictment, ECF No. 24.) The indictment also includes two forfeiture allegations. (Id.) Defendant filed his omnibus motion on September 23, 2025 (ECF No. 42). The government filed its opposition on October 9, 2025 (ECF No. 43). The undersigned held oral argument on December 1, 2025, and issued an omnibus order addressing all issues raised in Defendant’s omnibus motion, except reserving on that part of Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 1 of 34
2 Defendant’s motion seeking to suppress tangible evidence seized by law enforcement (Omnibus Order, December 1, 2025, ECF No. 48.) As part of his motion papers, Defendant provided an affidavit, sworn to September 19, 2025, in which he asserts his privacy and Fourth Amendment right in the residence located at 29 Castlewood Drive, states that 29 Castlewood Drive was his residence at the time of his arrest, and declares his privacy interest in his cellular phone and related phone number 626-267-1100. (Def.’s Aff. at ¶¶ 4–6, ECF No. 42-4.) The government has not contested Defendant’s standing to challenge the search warrants executed with respect to 29 Castlewood Drive, Defendant’s cellular phone with assigned number (626) 267-1100, or Defendant’s Apple account associated with his cellular phone number (626) 267-1100. After reviewing the motion papers and considering oral argument the undersigned recommends that the District Judge DENY that part of Defendant’s motion seeking suppression of tangible evidence. (ECF No. 42.) JURISDICTION On March 18, 2025, the Honorable Elizabeth A. Wolford referred this matter to the undersigned 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). All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. (Text Order of Referral, ECF No. 26.) Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 2 of 34
3 DISCUSSION Findings of Fact Regarding Defendant’s Motion to Suppress Evidence Seized During Execution of the Search Warrants. Defendant’s cellular phone with assigned number (626) 267-1100 On March 4, 2024, the Honorable Michael Dollinger, Monroe County Court Judge, issued a search warrant for the cellular phone assigned telephone number (626) 267-1100. (Oathout Aff. at Ex. A, ECF No. 42-1.) Judge Dollinger made a finding of probable cause based upon the application of Sabatino Smith, Special Agent for the Drug Enforcement Administration (“DEA”), sworn to on March 4, 2024. (“3/4/24 Smith Aff.”). Defendant asserts that the application is solely based on information received from two confidential informants with their own personal motives for providing that information. (Oathout Aff. ¶ 35(a).) More specifically, Defendant contends that confidential source one (“CS-1”) is cooperating with the government in accordance with his plea agreement in exchange for a more lenient sentence. (Id.) Defendant asserts that Agent Smith’s application does not contain any information from CS-1 regarding Defendant’s use of his cellular phone with assigned number (626) 267-1100, and particularly not in connection with narcotics sales. (Id. ¶ 35(b).) Defendant argues that confidential source two (“CS-2”) is being monetarily compensated for his cooperation and that he had only been cooperating with law enforcement for two months when he began his cooperation related to Defendant. (Id. ¶ 35(c).) Defendant contends that there is no information that CS-2 was reliable generally, other than conclusory language, and no indication that he was reliable Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 3 of 34
4 with respect to the information he provided as to Defendant. (Id.) Defendant further contends that there is no information regarding how many purchases CS-2 made directly with Defendant, where any such purchases were made, or how much fentanyl was purchased prior to February 2024. (Id.) Defendant also asserts that the alleged controlled purchase by CS-2 of fentanyl in February 2024 was made with an “associate” of Defendant, not directly with the Defendant. (Id.) Finally, Defendant contends that, while the search warrant application indicates that Defendant utilized multiple cell phones to conduct the illegal narcotics transactions, the application does not include any other phone numbers or information related to what types of phones were used and the basis of this knowledge. (Id. ¶ 35(d).) In opposition, the government asserts that Special Agent Smith’s affidavit provided ample probable cause to support the warrant, which sought cell site, cell site sector, and other data showing the specific latitude and longitude or other precise location information related to Defendant’s cellular phone. (Gov’ts Mem. of Law at 8, ECF No. 43.) More specifically, the government contends that Special Agent Smith’s affidavit described the ongoing investigation into Defendant, including reliable information received from a confidential informant about Defendant’s drug trafficking activities, as well as undercover purchases of fentanyl from Defendant. (Id.) Special Agent Smith also included observations of Defendant utilizing his cellular phone during the investigation to further his drug trafficking activities. (Id.) In particular, CS-2 indicated that he/she would contact Defendant on his cellular Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 4 of 34
5 phone with assigned number (626) 267-1100 to arrange to purchase drugs from him and this was corroborated when CS-2 arranged a controlled purchase of drugs from Defendant by calling that phone number. (Id. at 8.) CS-1 also corroborated Defendant’s use of his cellular phone in connection with Defendant’s drug trafficking activities by advising law enforcement that Defendant would use a “drug phone” when various customers called to purchase fentanyl from him.1 (Id.) The government indicated that the GPS and cell site location information would lead to evidence regarding Defendant’s drug trafficking, particularly because it would permit law enforcement to track Defendant’s movements and aid in locating his stash houses. (Id. at 9.) The government argues that Special Agent Smith established that Defendant utilized his cellular phone with assigned number (626) 267-1100 such that probable cause existed to support the warrant. Lastly, the government asserts that even if probable cause was lacking, “Defendant has not shown and cannot show that the searching officers did not rely in good faith on” the search warrant related to Defendant’s cellular phone with assigned number (626) 267-1100. (Id. at 11–12.) The facts as taken from Special Agent Smith’s affidavit are more fully discussed in the analysis section, below. Defendant’s Apple account associated with Defendant’s cellular phone number (626) 267-1100 On May 21, 2024, the Honorable Julie Hahn, Monroe County Court Judge, issued a search warrant for Defendant’s Apple account associated with his cellular 1 In its papers the government indicates that Defendant correctly noted in his papers that Special Agent Smith’s affidavit does not provide any information from CS-1 that Defendant utilizes phone number (626) 267-1100 to conduct narcotics sales. (Gov’ts Mem. of Law at 9 n.2.) Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 5 of 34
6 phone number (626) 267-1100. (Oathout Aff. at Ex. B, ECF No. 42-2.) Judge Hahn made a finding of probable cause based upon the application of Matthew Walker, Special Agent for the DEA, sworn to on May 21, 2024 (“Walker Aff.”). Defendant contends that probable cause was lacking for this warrant. More specifically, he asserts that the there is “no new information nor non-hearsay information” related to CS-2 (referred to as “CS” in Walker’s affidavit) in Special Agent Walker’s application related to Defendant’s Apple account. (Oathout Aff. ¶ 35(g).) Defendant contends that the information contained in Special Agent Walker’s application was derived from Special Agent Smith’s original application. (Id.) Defendant further contends that Special Agent Walker’s application contains no new or non-hearsay information that would lead to permitting retrieval of information related to Defendant’s Apple account nor why the application is necessary for any investigation into Defendant and any illegal narcotics trafficking. (Id.) Defendant also asserts that the scope of the information sought, and granted, was overbroad as the application sought all records related to the Apple account from September 1, 2023, to May 20, 2024, but that there was no information in the application regarding any criminal activity as to Defendant after February 2024. (Id. ¶ 35(h).) The government asserts that this warrant was supported by ample probable cause as Special Agent Walker’s affidavit reliably recounted Defendant’s drug trafficking history and the recent controlled purchase by a confidential informant who called Defendant’s cellular phone to arrange the buy. (Gov’ts Mem. of Law at 9.) The government further asserts that Defendant utilized his cellular telephone number to Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 6 of 34
7 set up utilities at 29 Castlewood Drive. (Id.) Agent Walker also explained, based on his “experience, knowledge, and training” that drug dealers like Defendant often used their cellular phones with internet capabilities to utilize social media accounts to communicate with others. (Id. at 10.) Further, the government contends that the warrant for Defendant’s Apple account was not overbroad because Special Agent Walker’s application and affidavit seeking a warrant for that account is dated May 21, 2024, which was only three months after a controlled purchase was made from Defendant in February 2024, and was timely given the ongoing investigation into Defendant’s drug trafficking activities. (Id. at 10–11.) Finally, the government argues that the good faith exception applies should probable cause be lacking to support the warrant. (Id. at 11–12.) The facts as taken from Special Agent Walker’s affidavit are more fully discussed in the analysis section, below. 29 Castlewood Drive, Rochester, New York On January 28, 2025, the undersigned issued a search warrant for 29 Castlewood Drive, Rochester, New York. (Oathout Aff. at Ex. C, ECF No. 42-3.) The undersigned made a finding of probable cause based upon the affidavit of Sabatino Smith, Special Agent for the DEA, sworn to on January 28, 2025. (“1/28/25 Smith Aff.”). (Id.) Defendant contends that Special Agent Smith’s application for a search warrant lacked sufficient allegations that Defendant conducted narcotic sales from his residence at 29 Castlewood Drive or that he kept narcotics, paraphernalia, or narcotic proceeds at that residence. (Oathout Aff. ¶ 35(m).) Defendant asserts that Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 7 of 34
8 Agent Smith’s allegations as contained in the warrant application “are based solely on his opinions from surveillance of the residence, and other hearsay information provided by confidential informants.” (Id.) Defendant contends that while there are allegations that numerous individuals visited and entered his residence, leaving shortly after, there is no evidence that law enforcement stopped any of those individuals or found them with narcotics after leaving Defendant’s residence. (Id.) He further argues that the government lacks any direct evidence “that places narcotics nor the proceeds of narcotics dealing in [Defendant’s] hands” or in the hands of anyone visiting his residence. (Id.) Finally, Defendant asserts that “any information in [Agent Smith’s] application [came] from the illegal warrants previously granted for [Defendant’s] phone.” (Id. ¶ 35(n).) In opposition to Defendant’s motion the government contends that Special Agent Smith’s affidavit established sufficient probable cause to believe that 29 Castlewood Drive contained evidence of criminal activity, including drug dealing. (Gov’ts Mem. of Law at 7.) The government asserts that because Defendant was a drug dealer of large quantities of drugs and 29 Castlewood Drive was his residence that this provided probable cause to search that residence. (Id.) More specifically, the government asserts that Special Agent Smith included evidence provided by three reliable confidential informants and that the confidential informants’ information was corroborated by four separate purchases of fentanyl directly from Defendant conducted by an undercover officer and a controlled purchase made by a confidential informant. (Id.) The government asserts that while Defendant changed his residence Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 8 of 34
9 to 29 Castlewood Drive during the investigation, he continued to conduct his drug trafficking activities from that residence. (Id.) The government states that Special Agent Smith’s affidavit provides details regarding activities by Defendant and others at 29 Castlewood Drive that are consistent with Defendant selling drugs from that residence. (Id.) Finally, even if the search warrant was not supported by probable cause, the government asserts that the tangible evidence seized still should not be suppressed because law enforcement relied on the warrant in good faith. (Id. at 11– 12.) The facts as taken from Special Agent Smith’s affidavit are more fully discussed in the analysis section, below. Conclusions of Law Regarding Defendant’s Motion to Suppress Evidence Seized During Execution of the Search Warrants. As there is no dispute regarding standing, the undersigned will analyze Defendant’s assertions that the search warrant applications of DEA Special Agents Smith and Walker failed to provide sufficient facts upon which a finding of probable cause could have been made by Judge Dollinger, Judge Hahn, and the undersigned. The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. “To establish probable cause to search a residence, two factual showings are necessary—first, that a crime was committed, and second, that there is probable cause to believe that evidence of such crime is located at the residence.” United States v. Travisano, 724 F.2d 341, 345 (2d Cir. 1983). Here, the dispute centers not on whether a crime was committed, but rather whether there was Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 9 of 34
10 probable cause to believe that evidence of the crime would be located on Defendant’s cellular phone and Apple account and at his residence. “[P]robable cause to search a place exists if the issuing judge finds a ‘fair probability that contraband or evidence of a crime will be found in a particular place’ and a federal court must apply a ‘totality-of-the-circumstances analysis’ in pursuing this inquiry.” United States v. Ponce, 947 F.2d 646, 650 (2d Cir. 1991) (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)). When reviewing the validity of a search warrant: the duty of [the] court . . . is simply to ensure that the magistrate had a substantial basis for . . . conclud[ing] that probable cause existed. A search warrant issued by a neutral and detached magistrate is entitled to substantial deference, and doubts should be resolved in favor of upholding the warrant. United States v. Rosa, 11 F.3d 315, 326 (2d Cir. 1993) (quotations and citations omitted); Walczyk v. Rio, 496 F.3d 139, 157 (2d Cir. 2007) (“[A] reviewing court must accord considerable deference to the probable cause determination of the issuing magistrate . . ..”). “[A]fter-the-fact scrutiny by courts of the sufficiency of an affidavit [applying for a warrant] should not take the form of de novo review.” United States v. Smith, 9 F.3d 1007, 1012 (2d Cir. 1993) (quoting Gates, 462 U.S. at 236) (alteration in original). “[R]esolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.” Id. (quoting United States v. Ventresca, 380 U.S. 102, 109 (1965)); see United States v. Clark, 638 F.3d 89, 93 (2d Cir. 2011) (“Such deference derives not only from the law’s recognition that probable cause is ‘a fluid concept’ that can vary with the facts of each case, but also from its ‘strong preference’ for searches conducted pursuant to a warrant, and its related Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 10 of 34
11 concern that ‘[a] grudging or negative attitude by reviewing courts toward warrants will tend to discourage police officers from submitting their evidence to a judicial officer before acting.” (alteration in original) (citations omitted)). Moreover, when analyzing whether the totality of the circumstances supports a finding of probable cause “. . . the court may consider . . . an informant’s veracity, reliability and basis of knowledge, and the extent to which an informant’s statements . . . are independently corroborated.” McColley v. Cnty. of Rensselaer, 740 F.3d 817, 823 (2d Cir. 2014) (internal quotations and citation omitted). Defendant’s cellular phone with assigned number (626) 267-1100 The search warrant was supported by ample probable cause The undersigned reviewed Special Agent Smith’s application in support of the search warrant. With respect to probable cause, the undersigned believes that the totality of the circumstances, including the detailed information provided in Special Agent Smith’s affidavit, afforded Judge Dollinger a substantial basis for concluding that probable cause existed to issue the warrant for Defendant’s cellular phone with assigned number (626) 267-1100. Special Agent Smith asserts in his affidavit that he has been employed by the DEA since September 2009, and that, at least as of the date of his application and affidavit of March 4, 2024, he was assigned to the DEA Rochester Resident Office. He states that he has completed training at the DEA Office of Training in Quantico, Virigina, prior to beginning his employment in the Rochester Resident Office. His training included “classroom preparation in drug trafficking networks, drug Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 11 of 34
12 identification, as well as practical application of surveillance, drug investigation, and arrest procedures.” (3/4/24 Smith Aff.) As for experience, Special Agent Smith indicated that During my tenure with the DEA, I have participated in numerous investigations relating to armed individuals that were involved in the distribution of controlled substances, including fentanyl, heroin, cocaine, methamphetamine, and other substances. I have also participated in numerous interviews and debriefings of individuals involved in armed drug trafficking. I am familiar with the habits, methods, routines, practices and procedures commonly employed by persons engaged in the armed trafficking of illegal drugs. Additionally, I am familiar with the methods of use, effects, distribution, appearance, as well as the methods of manufacture of controlled substances. I have been the affiant on multiple federal and state search warrants, arrest warrants and other applications. During my time at the Rochester Resident Office, I have participated in numerous long-term narcotics investigations that utilized the court-authorized interception of wire communications that have resulted in the arrest of drug distributors, and the seizures of quantities of controlled substances and firearms. (Id. at 1–2, ECF No. 42-1.2) In his affidavit, Special Agent Smith indicated he began investigating Defendant’s drug trafficking activities in September 2023. (Id. ¶ 1.) Special Agent Smith stated that in or around March 2022 and continuing into 2023, CS-1 told the DEA that Defendant was a violent drug dealer who robbed other drug dealers and who used his own supply of fentanyl for distribution. (Id. ¶ 2.) CS-1 stated Defendant used a “drug phone” to sell fentanyl to various customers. CS-1 indicated that he personally observed Defendant in possession of over 500 grams of fentanyl and had been present when Defendant was processing and packaging fentanyl for sale. (Id.) 2 The page numbers referenced are to the initial page numbers on the bottom right- hand corner of the affidavit before the government Bates-stamped the document and before it was filed on CM/ECF. Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 12 of 34
13 Special Agent Smith indicated that CS-1 is personally known to the DEA, having cooperated with law enforcement for over fifteen months (as of the date of Special Agent Smith’s affidavit). (Id. ¶ 4.) CS-1’s cooperation began pursuant to a plea agreement in exchange for a potential impact on his own sentencing. (Id.) With respect to CS-2, Special Agent Smith’s affidavit indicates that in February 2024 CS-2 told the Rochester Police Department that Defendant is a fentanyl trafficker. (Id. at 3.) CS-2 told law enforcement that Defendant conducts his fentanyl trafficking utilizing cell phones and that he/she had purchased drugs from Defendant on multiple occasions, with the purchases usually set up by phone conversations. (Id.) CS-2 stated that he/she communicated with Defendant over the cellular phone with assigned number (626) 267-1100. (Id.) Specifically, in February 2024, CS-2 contacted Defendant on his cellular phone to arrange a controlled purchase of fentanyl. (Id. ¶ 10.) Defendant provided CS-2 with a location for the purchase and investigators observed CS-2 meet with an unknown black male believed to be Defendant’s associate and purchase fentanyl from him. (Id. ¶ 11.) Special Agent Smith indicated that CS-2 is personally known to him, that he/she had been cooperating with law enforcement for two months, and that he/she is being monetarily compensated for his/her cooperation. (Id. ¶ 8.) With respect to the reliability of the confidential sources for purposes of establishing probable cause, the Second Circuit considers an informant to be reliable if such information “is based on reliable means, such as first-hand observations or second-hand information from reliable sources, rather than unreliable means such as Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 13 of 34
14 rumor or innuendo,” and such confidential source information will be found to be “sufficiently reliable . . . if the person providing the information has a track record of providing reliable information, or if it is corroborated in material respects by independent evidence” United States v. Wagner, 989 F.2d 69, 72–73 (2d Cir. 1993). With respect to having a track record of reliability, Special Agent Smith indicated that CS-1 had been cooperating with law enforcement for over fifteen months as of the date of his affidavit. Certainly law enforcement would not continue to work with a confidential informant for that period of time if he/she did not provide reliable information. Moreover, Special Agent Smith provided corroborating evidence for the information provided by both CS-1 and CS-2. For both CS-1 and CS-2, Special Agent Smith indicated their information “has been corroborated through independent investigation, physical and electronic surveillance” and by information received from other law enforcement agencies. (Id. ¶¶ 4 & 7.) In addition, Special Agent Smith averred that both CS-1 and CS-2 indicated that the information he/she provided is based on personal observations or conversations either with individuals directly involved in the drug trafficking activity or individuals closely associated with those directly involved in that activity. (Id. ¶¶ 4 & 8.). The undersigned finds this sufficiently establishes CS-1 and CS-2’s reliability for purposes of establishing probable cause. Moreover, as Defendant asserts, and the government does not contest, while CS-1 stated that Defendant utilized a “drug phone” to conduct his drug trafficking and that he/she personally saw Defendant with large quantities of fentanyl, CS-1 did Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 14 of 34
15 not indicate that Defendant utilized the specific cellular phone with assigned number (626) 267-1100 to conduct narcotic sales. Regardless, this information provides support that Defendant conducted narcotics sales utilizing cellular phones. Importantly, Special Agent Smith also provided that CS-2 directly contacted Defendant on his cellular phone, number (626) 267-1100 and set up a successful controlled purchase in February 2024 at the location at which Defendant told CS-2 the drug transaction would take place. Based on the foregoing, the undersigned finds that the confidential sources’ reliability was sufficiently established to support a finding of probable cause, in conjunction with the other information contained in Special Agent Smith’s affidavit, for Judge Dollinger to issue the warrant. Further, the undersigned finds that the totality of the circumstances provided a fair probability that contraband or evidence of a crime would be found on Defendant’s cellular phone with assigned number (626) 267-1100. Accordingly, the undersigned believes it was reasonable for Judge Dollinger, viewing the evidence amassed by Special Agent Smith, to determine he had a substantial basis to conclude that the search warrant was supported by probable cause. Defendant’s Apple account associated with Defendant’s cellular phone number (626) 267-1100 The search warrant was supported by ample probable cause The undersigned reviewed Special Agent Walker’s application in support of the search warrant for Defendant’s Apple account. With respect to probable cause, the undersigned believes that the totality of the circumstances, including the detailed Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 15 of 34
16 information provided in Special Agent Walker’s affidavit, afforded Judge Hahn a substantial basis for concluding that probable cause existed to issue the warrant for Defendant’s Apple account. Special Agent Walker indicated in his affidavit in support of his application for the search warrant that he has been a special agent with the DEA since October 2019. (Walker Aff. ¶ 1, ECF No. 42-2.) Special Agent Walker states that “[s]ince becoming a DEA agent, I have participated in numerous drug investigations. I have received training at the DEA Training Academy, on the subjects of narcotics trafficking, interdiction, and money laundering and asset forfeiture investigations.” (Id.) Special Agent Walker described his experience as follows: I have experience in the investigation of violations of federal and state narcotics laws. I have conducted and participated in numerous narcotics investigations resulting in the arrest and conviction of drug distributors, and the seizure of quantities of controlled substances. During these investigations my participation has included, but has not been limited to, undercover operations; direction of confidential sources; debriefing of defendants and others involved in the distribution and consumption of illegal drugs; execution of search warrants; execution of arrest warrants; I have been the affiant on search warrants and criminal complaints; I have been involved in numerous surveillance operations. During my law enforcement career, I have participated in cases involving the distribution of cocaine, fentanyl, and methamphetamine. I am familiar with the habits, methods, routines, practices and procedures commonly employed by persons engaged in drug trafficking. I have had the opportunity to speak with and observe other federal and state drug law enforcement officers with regard to the manner in which controlled substances are obtained, diluted, packaged, distributed, sold and used within the framework of drug trafficking in the Western District of New York and elsewhere. I am also familiar with, methods employed by drug traffickers to cany out the delivery and receipt of illicit drugs and related cash proceeds. (Id.) Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 16 of 34
17 In his affidavit, Special Agent Walker indicated that he sought information from Defendant’s Apple account for the period September 1, 2023, to May 20, 2024. (Id. ¶ 2.) He further indicated that the source of the information contained in his affidavit in support of the warrant application resulted from the DEA’s investigation in which he was involved and in which task force officers from many other law enforcement agencies were involved. (Id. ¶ 2.) Special Agent Walker indicated that in early 2021 agents learned that Defendant was working for a drug trafficking organization that was selling fentanyl in Rochester, New York and agents conducted controlled buys from Defendant utilizing confidential sources. (Id. ¶ 3.) Special Agent Walker also states that in September 2023, agents utilized an undercover New York State Police investigator to conduct four controlled purchases of fentanyl from Defendant. (Id.) After executing multiple search warrants on some of Defendant’s associates in January 2024, Defendant discontinued communications with the undercover agent. (Id.) In February 2024, a confidential source informed the Rochester Police Department that Defendant was a fentanyl trafficker. (Id.) The confidential source also told police officers that Defendant used cellular phones to communicate with his customers, including instructing them where to meet him for the fentanyl sales. (Id.) The confidential source also indicated that he/she personally purchased fentanyl from Defendant on multiple occasions and that the sales were usually arranged through phone conversations. (Id.) The confidential source specifically indicated that he/she Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 17 of 34
18 communicated with Defendant on Defendant’s cellular phone with associated phone number (626) 267-1100. (Id.) Also in February 2024, Rochester Police Department investigators arranged a controlled purchase of fentanyl between the confidential source and Defendant. (Id.) The confidential source contacted Defendant on his cellular phone with assigned number (626) 267-1100 and Defendant told the confidential source where to meet him to conduct the sale. (Id.) The investigators drove the confidential source to the agreed upon location and the confidential source purchased fentanyl from an individual believed to be an unknown associate of Defendant. (Id.) Using his training and experience, Special Agent Walker deduced that Defendant utilized his cellular phone with assigned number (626) 267-1100 to orchestrate the transaction described above. (Id.) Special Agent Walker provided that the confidential source’s information was corroborated “through independent investigation, physical and electronic surveillance, and by information received independently and separately from other law enforcement agencies.” (Id.) In addition, Special Agent Walker indicated that the confidential source “has provided agents reliable information in the past, relative to narcotics trafficking, which has been independently corroborated.” (Id.) The confidential source was personally known to the Rochester Police Department and had been cooperating with law enforcement for over four months in return for monetary compensation. (Id.) Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 18 of 34
19 Importantly, based upon his experience, knowledge, and training Special Agent Walker detailed the use of cellular phones by narcotics traffickers in his affidavit as follows: a. Individuals engaged in illegal narcotics distribution often utilize cellular telephones to facilitate illegal narcotics transactions. b. Individuals engaged in illegal narcotics distribution often store telephone numbers, names and other information relevant to their criminal activity in their cellular telephones. c. Individuals engaged in illegal narcotics distribution routinely utilize cellular phones with internet capability to access social media outlets to communicate with others. d. Individuals engaged in illegal narcotics distribution often register the cellular telephone numbers they utilize under false names, aliases, or no name at all in an effort to deter law enforcement from detecting their illegal activities. e. Individuals engaged in illegal narcotics distribution often utilize multiple cellular telephones and/or multiple telephone numbers, which are often changed periodically, in an effort to deter law enforcement detection. (Id. ¶ 1 on p. 7.3) Defendant’s argument that “[t]here is no new information, nor non-hearsay information, in the application of Special Agent Walker authoring [sic] the need for any information related to request to retrieve information from the Apple Account” is unavailing. (Oathout Aff. ¶ 35(g).) Defendant does not cite to any case law indicating that it is impermissible for agents involved in the same investigation to rely on information from the same confidential informant when seeking search warrants. Nor does Defendant indicate that “new” information must be presented to meet the 3 This reference is to a second paragraph labeled “1” as contained in Special Agent Walker’s affidavit and, therefore, the undersigned has also provided a page number on which this information can be found in the affidavit itself. The page number is in the upper right- hand corner and is the one automatically assigned when the document was filed on CM/ECF. Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 19 of 34
20 probable cause threshold when seeking a search warrant for a different aspect of the investigation (i.e., for the Apple account). The undersigned does not find that the warrant application seeking access to information related to Defendant’s Apple account for the period September 1, 2023, to May 20, 2024, was overbroad even though the last controlled buy from Defendant occurred in February 2024. The undersigned finds Defendant’s argument analogous to one of staleness. To that end, the Second Circuit has provided as follows: when the supporting facts “present a picture of continuing conduct or an ongoing activity, ... the passage of time between the last described act and the presentation of the application becomes less significant.” Martino, 664 F.2d at 867. Thus, we have held that in investigations of ongoing narcotics operations, “intervals of weeks or months between the last described act and the application for a warrant did not necessarily make the information stale.” Rivera v. United States, 928 F.2d 592, 602 (2d Cir.1991). Indeed, “narcotics conspiracies are the very paradigm of the continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness.” United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (quotation marks and citation omitted). United States v. Ortiz, 143 F.3d 728, 732–33 (2d Cir. 1998). Indeed, narcotics conspiracies, in particular, represent “the very paradigm of continuing enterprises for which courts have relaxed the temporal requirements of non-staleness.” United States v. Rowell, 903 F.2d 899, 903 (2d Cir. 1990) (internal quotations marks and citations omitted). Consequently, courts in the Second Circuit have found probable cause to remain current in narcotics cases, like this one, even when the gap between the most recent information and the search was substantial. For example, in Rivera v. United States, the Second Circuit noted that its precedents have upheld relying on information “22 days to 18 months old” in search Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 20 of 34
21 warrant applications related to ongoing narcotics investigations. 928 F.2d 592, 602 (2d Cir. 1991) (in the context of narcotics conspiracies, “intervals of weeks or months between the last described act and the application for a warrant [does] not necessarily make the information stale). The same rationale is to be applied here, where Defendant’s alleged criminal conduct was not a singular and isolated incident but instead part of a conspiracy to distribute narcotics over a sustained period of time. See e.g., United States v. Singh, 390 F.3d 168, 181–82 (2d Cir. 2004) (no staleness from lapse of twenty months between information in affidavit and the search warrant application where alleged criminal activity was of an ongoing and long-term nature); United States v. Rowell, 903 F.2d 899, 903 (2d Cir. 1990) (finding that an eighteen- month delay from the informant’s statement to the wiretap application was not stale in a narcotics conspiracy). The type of the evidence at issue here also supports a finding that the information in the warrant application was not stale. “Staleness is highly relevant to the legality of a search for a perishable or consumable object, like cocaine, but is rarely relevant when it is a computer file. Computer and computer equipment are ‘not the type of evidence that rapidly dissipates or degrades.’” United States v. Seiver, 692 F.3d 774, 777 (7th Cir. 2012) quoting United States v. Vosburgh, 602 F.3d 512, 529 (3d Cir. 2010). Like a computer, Defendant’s Apple account had the ability to retain large amounts of personal data, photographs, communications, and other records for long periods of time. Moreover, an Apple account is not the type of evidence that rapidly dissipates or degrades. Thus, even though the date of the alleged Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 21 of 34
22 criminal activity ended, at most three months before the date of the warrant application, there remained a substantial basis to believe that evidence of criminality would be found in Defendant’s Apple account. Given the nature of the conduct alleged and the evidence sought to be recovered, and bearing in mind the substantial deference owed to a judge’s finding of probable cause, it cannot be said that a gap of approximately 3 months here rendered the information stale. Based on the foregoing, the undersigned finds that the totality of the circumstances as contained in Special Agent Walker’s affidavit provided a fair probability that contraband or evidence of a crime would be found in Defendant’s Apple account. Accordingly, the undersigned believes it was reasonable, viewing the evidence amassed by Special Agent Walker, for Judge Hahn to determine that there was a substantial basis to conclude that the search warrant was supported by probable cause. 29 Castlewood Drive, Rochester, New York The search warrant was supported by ample probable cause Defendant disputes that Special Agent Smith provided a reasonable nexus between his alleged drug activities and 29 Castlewood Drive sufficient to support a finding of probable cause for the issuance of a warrant but the undersigned disagrees. The undersigned reviewed Special Agent Smith’s application in support of the search warrant. With respect to probable cause, the undersigned believes that the totality of the circumstances, including the detailed information provided in Special Agent Smith’s affidavit, afforded the undersigned a substantial basis for concluding that Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 22 of 34
23 probable cause existed to issue the warrant for Defendant’s residence at 29 Castlewood Drive. Special Agent Smith’s affidavit in support of his application for a search warrant for 29 Castlewood Drive contains a description of his training and experience that is almost identical to that contained in his affidavit in support of the search warrant for Defendant’s cellular phone and will not be repeated here. Special Agent Smith states that he has been one of the lead agents in Defendant’s investigation since its inception and, as such, he is familiar with all aspects of the investigation. (1/28/25 Smith Aff. ¶ 6, ECF No. 42-3.) In his affidavit, Special Agent Smith indicated that CS-1 (whom the undersigned believes is the same “CS-1” from Special Agent Smith’s affidavit in support of his application for a search warrant for Defendant’s cellular phone based on the type of information received from the source) told DEA agents that Defendant is a violent drug dealer and that he distributes his own supply of fentanyl. CS-1 personally observed Defendant with over a half a kilogram of fentanyl and was with Defendant when the latter processed and packaged fentanyl for sale. (Id. ¶ 11.) Special Agent Smith further indicated that CS-2 (also believed to be the same “CS-2” related to the search warrant for Defendant’s cellular phone based on the type of information received from the source) told the Rochester Police Department that he/she had purchased fentanyl from Defendant on several occasions and that Defendant supplies multiple customers who live outside of Monroe County who travel to Monroe County to conduct drug transactions. (Id. ¶ 13.) Special Agent Smith also Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 23 of 34
24 provided that a third confidential source (“CS-3”) told agents that Defendant has an alias of “Threatanyl,” that he sells cocaine and fentanyl, and that he is a rapper who sings about the money he makes from selling drugs. (Id. ¶ 16.) CS-3 showed agents a video of Defendant, which depicts him with larges amounts of U.S. currency. (Id.) CS- 3 further told agents that Defendant sells drugs with an individual named Brandon Owens and showed them a picture of Owens. (Id.) Special Agent Smith’s affidavit contains information regarding four instances of purchases of fentanyl from Defendant to an undercover New York State Police investigator taking place in September and October 2023 and twice in December 2023. (Id ¶¶ 22–31.) In each instance the undercover investigator contacted Defendant by phone and Defendant provided a location for the purchase, where law enforcement set up surveillance. (Id. ¶¶ 22, 24, 26–28, 30.) During the third controlled buy it appeared that Defendant became suspicious of the undercover investigator and called him to change the meeting location. (Id. ¶ 27.) In April 2024 agents discovered that Defendant had moved to a new residence. (Id. ¶ 36.) Information from Defendant’s utilities provider indicated that he was residing at 29 Castlewood Drive. (Id. ¶ 36.) Based on this information, agents began conducting surveillance on 29 Castlewood Drive, during which they saw Defendant entering and exiting the location on a routine basis and spending the nights there. (Id.) In his affidavit, Special Agent Smith included certain observations made during surveillance of that premises from August 2024 to the date of his affidavit (January 28, 2025). (Id. ¶ 37.) More specifically, Special Agent Smith included eight instances Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 24 of 34
25 where a vehicle visited 29 Castlewood Drive during which someone from the vehicle got out, entered the side door of the residence, and left very shortly thereafter as follows: 1. August 8, 2024 – a. Agents saw Defendant’s rental vehicle in the driveway, observed a grey Nissan Rogue pull into the driveway at 11:26 a.m., a white female enter the side door of the residence, and the same white female exiting the residence and getting back into the Nissan approximately one minute later. (Id. ¶ 39.) A check of the license plate revealed that the vehicle was registered to a male from Hamlin, New York. (Id.) Approximately half an hour later at 12:04 p.m. an agent saw Defendant exit the residence, reposition his rental car in the driveway, and reenter the residence. (Id. ¶ 40.) b. At approximately 12:57 p.m. agent observed a black Lincoln SUV park in the driveway, a while male exiting the vehicle, entering the residence through the side door, and exiting at 1:03 p.m. (Id. ¶ 41.) A check of the license plate revealed that the vehicle belonged to a woman from Canandaigua, New York. 2. August 9, 2024: At 11:16 a.m. Special Agent Smith observed a grey sedan park in the driveway of 29 Castlewood Drive, where Defendant’s rental vehicle was also parked. (Id. ¶¶ 43–44.) A white male exited the sedan, entered the side door of the residence, and left at approximately 11:22 a.m. Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 25 of 34
26 (Id. ¶ 44.) A check of the license plate revealed that the vehicle was a Mitsubishi Mirage registered to an individual in Bath, New York. (Id.) 3. August 13, 2024: At 10:25 a.m. an agent observed a black Lincoln park in the driveway of 29 Castlewood Drive, where Defendant’s rental vehicle was also parked. (Id. ¶ 46.) This is the same vehicle that was observed at the residence on August 8th. (Id.) An agent observed a white male exit the vehicle, enter the side door of the residence, and leave at approximately 10:29 a.m. (Id.) The agent also saw Defendant exit the residence at 11:10 a.m. and then go back inside. (Id. ¶ 27.) 4. September 13, 2024: At 12:13 p.m. an agent observed a grey sedan park in the residence’s driveway where Defendant’s rental vehicle was parked. (Id. ¶¶ 48–49.) The agent saw a white male exit the vehicle, enter the side door of the residence, and exit the residence at approximately 12:16 p.m. (Id. ¶ 49.) A check of the license plate revealed that the vehicle was registered to a woman from Rochester, New York, whose son matched the physical description of the individual observed by the agent. (Id. ¶¶ 49–50.) 5. October 4, 2024: On this date Special Agent Smith observed, via electronic surveillance, Defendant exit his residence and sit in his rented vehicle in his driveway at 1:50 p.m. (Id. ¶ 52.) At 2:26 p.m. a light-colored sedan parked in the driveway of the residence and a white male walked towards Defendant’s rental car. (Id. ¶ 53.) Due to a camera glitch the next thing Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 26 of 34
27 Special Agent Smith observed was Defendant’s rental vehicle departing his residence at 2:35 p.m. (Id.) 6. October 26, 2024: At 3:49 p.m. Special Agent Smith observed, via electronic surveillance, an unknown associate of Defendant exiting the side door of the residence and getting into a grey sedan parked in the driveway. (Id. ¶ 55.) At 3:50 p.m. a red sedan pulled into the driveway, a white male walked towards the grey sedan, and within a minute walked back to his red sedan and left. (Id. ¶ 56.) 7. December 19, 2024: At 3:15 p.m. Special Agent Smith observed a green Dodge Charger park in the driveway of the residence where Defendant’s vehicle was parked. (Id. ¶ 61.) A person exited the vehicle, walked to the side door of the residence, and left at approximately 3:16 p.m. (Id.) In addition, on December 5, 2024, Special Agent Smith observed a grey Dodge Ram park in the driveway of 29 Castlewood Drive and then observed Defendant’s vehicle park in the driveway. (Id. ¶ 58.) Defendant walked towards the Dodge Ram and, one minute later, walked away from the Ram holding a small black bag. (Id. ¶ 59.) Defendant and the individual then went into the residence. (Id.) An agent conducted a drive-by and identified the driver of the Ram as Brandon Owens, the individual who CS-3 indicated was selling drugs with Defendant. (Id.) During the Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 27 of 34
28 investigation agents had observed the same Dodge Ram parked in the driveway of the residence on multiple occasions. (Id. ¶ 59.) In addition to the foregoing information, during the investigation a concerned citizen who resided near Defendant complained to agents that Defendant installed security cameras when he moved in and that he/she has “observed routine frequent short-stay traffic that [he/she] believe[s] to be drug sales from this location.” (Id. ¶ 63.) After obtaining the warrant for Defendant’s Apple account, agents reviewed the extracted data and found data labeled “Licks” that listed over ten phone numbers. (Id. ¶ 64.) Special Agent Smith explained that “Lick” is a slang term used by drug dealers to refer to their customers. Of note, agents found a phone number belonging to a male from Canandaigua, New York, who’s mother’s vehicle was the black Lincoln SUV that agents had observed at Defendant’s residence for short periods of time. (Id. ¶ 65.) Agents believe that the son was driving the vehicle on those occasions. (Id.) In addition, agents found a phone number belonging to a male who was observed at Defendant’s residence on August 9, 2024, driving a gray Mitsubishi Mirage. (Id.) The Mitsubishi is registered to an individual who shares an address with that male. (Id.) While Defendant argues that law enforcement did not provide any “direct evidence . . . that places narcotics nor proceeds of narcotics dealing in [Defendant’s] hands, nor the hands of any individual visiting 29 Castlewood Drive,” one can infer that Defendant stored and sold drugs at 29 Castlewood Drive based upon the evidence amassed, including information obtained from the CIs, controlled purchases between Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 28 of 34
29 Defendant and an undercover officer, the agents’ observations at 29 Castlewood Drive, the information from the concerned citizen, Defendant’s affiliation with Brandon Owens, and the information obtained from the warrant executed on Defendant’s Apple account. Indeed, investigators do not need to observe a defendant bringing drugs into or out of a residence to be searched to establish probable cause. Singh, 390 F.3d at 182 (“A showing of nexus does not require direct evidence and may be based on reasonable inference from the facts presented based on common sense and experience.” (internal quotations and citation omitted). Based on the foregoing, the undersigned finds that the totality of the circumstances provided a fair probability that contraband or evidence of a crime would be found at Defendant’s residence at 29 Castlewood Drive. Accordingly, the undersigned believes it was reasonable, viewing the evidence amassed by Special Agent Smith, to determine that there was a substantial basis to conclude that the search warrant was supported by probable cause. The Good Faith Exception Applies Even if the warrants for Defendant’s cellular phone with assigned number (626) 267-1100, his Apple account, and for his residence lacked probable cause and Defendant’s Fourth Amendment rights were violated when law enforcement seized Defendant’s cellular device and his Apple account, and searched his residence, the exclusionary rule does not automatically operate to suppress the seized evidence. “Indeed, exclusion has always been our last resort, not our first impulse.” Herring v. United States, 555 U.S. 135, 140 (2009) (internal quotation marks and citation Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 29 of 34
30 omitted). The exclusion of evidence obtained in violation of the Fourth Amendment is a “prudential” remedy, crafted by the Supreme Court to “compel respect for the constitutional guaranty.” Davis v. United States, 564 U.S. 229, 236 (2011) (citations omitted). Neither a “personal constitutional right” nor a means to “redress the injury” of an unconstitutional search, the exclusionary rule is designed to deter future Fourth Amendment violations. Id. 236–37 (citations omitted). Because the remedy exacts a heavy toll on the justice system, however, the exclusionary rule does not apply whenever suppressing evidence “might provide marginal deterrence.” Herring, 555 U.S. at 141 (citation omitted). The rule’s corrective value justifies its cost “[w]hen the police exhibit deliberate, reckless, or grossly negligent disregard for Fourth Amendment rights.” United States v. Stokes, 733 F.3d 438, 443 (2d Cir. 2013), quoting Davis, 564 U.S. at 238. “But when the police act with an objectively reasonable good-faith belief that their conduct is lawful, or when their conduct involves only simple, isolated negligence . . . exclusion cannot pay its way.” Davis, 564 U.S. at 238 (internal quotation marks and citations omitted). Considering these principles, courts have recognized that evidence obtained by officers “in objectively reasonable reliance” on a warrant subsequently invalidated by a reviewing court is not generally subject to exclusion. United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008), cert. denied, 558 U.S. 933 (2009) (citing United States v. Leon, 468 U.S. at 922). When an officer genuinely believes that he has obtained a valid warrant from a magistrate and executes that warrant in good faith, there is no conscious violation of the Fourth Amendment, “and thus nothing to deter.” Leon, 468 Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 30 of 34
31 U.S. at 920–21. However, the good faith exception cannot shield even an officer who relies on a duly issued warrant in at least four circumstances: “(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; and (4) where the warrant is so facially deficient that reliance upon it is unreasonable.” Clark, 638 F.3d at 100 (citations omitted). The Supreme Court clarified that these limitations apply not merely in cases of deliberate police misconduct, but also in situations where an officer is “reckless” or “grossly negligent” in seeking or executing a warrant. Herring, 555 U.S. at 144. “The burden is on the government to demonstrate the objective reasonableness of the officers’ good faith reliance on an invalidated warrant.” Clark, 638 F.3d at 100 (internal quotation marks and citations omitted). Moreover, as counseled by the Second Circuit, in assessing whether the government has met its burden, a court must consider that “in Leon, the Supreme Court strongly signaled that most searches conducted pursuant to a warrant would likely fall within [the good faith exception’s] protection.” Id. Here, Defendant does not address whether the good faith exception would apply if the warrants lacked probable cause. Regardless, there is no evidence that any of the four circumstances under which the good faith exception would be inapplicable exists. At oral argument, Defendant asserted that omissions were relied upon to obtain the warrant for Defendant’s cellular phone and that the warrant Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 31 of 34
32 lacked specificity. However, this was in the context of Defendant seeking a Franks hearing, which the undersigned denied. Defendant did not argue, either in his papers or at oral argument, that Judge Dollinger, Judge Hahn, or the undersigned were “knowingly misled” when issuing the warrants and there is no evidence to support any claim even if it had been made. Indeed, while it is the government’s burden to establish the good faith of its officers as provided in Clark, 638 F.3d at 100, to even obtain a hearing on whether a law enforcement affidavit contains knowing or reckless falsehoods, a defendant must make “a ‘substantial preliminary showing’ that a deliberate falsehood or statement made with reckless disregard for the truth was included in the warrant affidavit and the statement was necessary to the judge’s finding of probable cause.” Falso, 544 F.3d at 125 (quoting Franks v. Delaware, 438 U.S. 154, 155–56 (1978)). Defendant has not done so here. In addition, there is also no assertion or evidence that Judge Dollinger, Judge Hahn, or the undersigned in any way abandoned his or her judicial role in authorizing the warrants. With respect to the third consideration, the undersigned already addressed above that he believes the government demonstrated that probable cause existed to issue the warrants such that reliance upon them by the executing officers would not be unreasonable. Finally, Defendant does not assert that the warrants are facially deficient and there has been no evidence demonstrating otherwise. In Leon, the Supreme Court observed that “a warrant may be so facially deficient—i.e., in failing to particularize the place to be searched or the things to be seized—that the executing officers cannot Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 32 of 34
33 reasonably presume it to be valid.” 468 U.S. at 923. However, the undersigned already found that information regarding the cellular phone, Apple account, and residence sought to be seized/searched as contained in the affidavits of Special Agents Smith and Walker, which Judge Dollinger, Judge Hahn, and the undersigned incorporated into their respective search warrants, was sufficiently detailed. Accordingly, the undersigned reports and recommends to the District Judge that the government is entitled to claim the benefit of the good faith exception to the exclusionary rule, and that she deny Defendant’s motion to suppress the seized evidence. CONCLUSION Based on the foregoing, the undersigned reports and recommends that the District Judge DENY that part of Defendant’s motion seeking suppression of tangible evidence. (ECF No. 42.) Pursuant to 28 U.S.C. § 636(b)(1), it is hereby ORDERED, that this Report and Recommendation be filed with the Clerk of the Court. ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of this Court within fourteen (14) days after receipt of a copy of this Report and Recommendation in accordance with the above statute and Rule 59(b) of the Local Rules of Criminal Procedure for the Western District of New York. The district court will ordinarily refuse to consider on de novo review arguments, case law and/or evidentiary material which could have been, but was not, presented to the magistrate judge in the first instance. See, e.g., Paterson-Leitch Co. v. Mass. Mun. Wholesale Elec. Co., 840 F.2d 985 (1st Cir. 1988). Failure to file objections within the specified time or to request an extension of such time waives the right to appeal the District Court’s Order. Thomas v. Arn, 474 U.S. 140 (1985); Small v. Sec’y of Health & Human Servs., 892 F.2d 15 (2d Cir. 1989); Wesolek v. Canadair Ltd., 838 F.2d 55 (2d Cir. 1988). Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 33 of 34
34 The parties are reminded that, pursuant to Rule 59(b) of the Local Rules of Criminal Procedure for the Western District of New York, “[w]ritten objections . . . shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection and shall be supported by legal authority.” Failure to comply with the provisions of Rule 59(b) may result in the District Court’s refusal to consider the objection. Let the Clerk send a copy of this Order and a copy of the Report and Recommendation to the attorneys for the parties. IT IS SO ORDERED. DATED: December 22, 2025 Rochester, New York _________________________________ MARK W. PEDERSEN United States Magistrate Judge Case 6:25-cr-06046-EAW-MJP Document 54 Filed 12/22/25 Page 34 of 34
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