Full opinion text
MEMORANDUM OPINION AND ORDER JAMES 0. BROWNING, District Judge. THIS MATTER comes before the Court on (i) the Defendant’s Motion to Suppress Evidence and Statements, filed February 14, 2011 (Doc. 41); and (ii) the United States’ Motion to Strike Defendant Edward Christy’s Motion to Suppress Evidence and Statements (Doc. 41), filed February 14, 2011 (Doc. 45). The Court held a hearing on April 21, 2011 and on April 22, 2011. The primary issues are: (i) whether the Court should strike Defendant Edward Christy’s motion to suppress because it is untimely; and (ii) whether the Court should suppress all evidence seized in Christy’s home as well as statements that Christy allegedly made, because the police entered Christy’s home without a warrant and not pursuant to the exigent-circumstances exception to the warrant requirement. The Court will not strike Christy’s motion to suppress, because it finds that the motion was timely. The Court finds that the deputies’ actions of walking around the corner of Christy’s house, peering through a crack in the window shades, and entering Christy’s house were not justified by exigent circumstances. Plaintiff United States of America has not met its burden of proving that the exigency exception applies, because the deputies did not have an objectively reasonable basis to believe that there was an immediate need to protect the safety of the sixteen year-old girl who was in Christy’s residence. The Court will suppress Christy’s statements to Detective Weylin Proctor as fruit of the illegal searches. The Court will also suppress the evidence that the deputies found when they executed their search warrants for Christy’s residence, vehicle, person, and the warrant for Christy’s and the sixteen year-old girl’s cellular telephones, because, excluding the illegally obtained information, the remaining information in the warrants is not sufficient to establish probable cause. FACTUAL BACKGROUND Rule 12(d) of the Federal Rules of Criminal Procedure requires the Court to state its essential findings on the record when deciding a motion that involves factual issues. See Fed.R.Crim.P. 12(d) (“When factual issues are involved in deciding a [pretrial] motion, the court must state its essential findings on the record.”). The findings of fact in this Memorandum Opinion and Order shall serve as the Court’s essential findings for purposes of rule 12(d). The Court makes these findings under the authority of rule 104(a) of the Federal Rules of Evidence, which requires a judge to decide preliminary questions relating to the admissibility of evidence, including the legality of a search or seizure and the voluntariness of an individual’s confession or consent to search. See United States v. Merritt, 695 F.2d 1263, 1269-70 (10th Cir.1982), cert. denied, 461 U.S. 916, 103 S.Ct. 1898, 77 L.Ed.2d 286 (1983). In deciding such preliminary questions, the other rules of evidence, except those with respect to privileges, do not bind the Court. See Fed.R.Evid. 104(a). Thus, the Court may consider hearsay in ruling on a motion to suppress. See United States v. Garcia, 324 Fed.Appx. 705 (10th Cir.) (“We need not resolve whether Crawford’s protection of an accused’s Sixth Amendment confrontation right applies to suppression hearings, because even if we were to assume this protection does apply, we would conclude that the district court’s error cannot be adjudged ‘plain.’ ”), cert. denied, — U.S. -, 130 S.Ct. 223, 175 L.Ed.2d 154 (2009); United States v. Merritt, 695 F.2d at 1269. 1. On November 8, 2009, a man made a report regarding a missing juvenile (hereinafter “K.Y.”) — his daughter — to the Westminster Police Department in Westminster, California. See Transcript of Hearing at 64:8-17 (taken April 21, 2011) (Rees, Carvo) (“Apr. 21, 2011 Tr.”). 2. The report stated that KY.’s parents saw her the night before, on November 7, 2009, and that when they woke up on November 8, 2009, they found a note from her saying that she had run away and that she would contact them later. See Apr. 21, 2011 Tr. at 64:18-24 (Rees, Carvo). 3. The report stated that K.Y. had previously run away, had previously attempted suicide, and that K.Y.’s father believed that she was going to see or was running away with a boyfriend, who lived in Orange County, California. See Apr. 21, 2011 Tr. at 64:25-65:5 (Rees, Carvo). 4. The report also stated that K.Y.’s father had returned to the Westminster Police Department on the afternoon of November 8, 2009, after he spoke with one of KY.’s friends, and found out that K.Y. had been in contact with an adult male on the internet. See Apr. 21, 2011 Tr. at 65:24-66:3 (Rees, Carvo). 5. K.Y.’s father had gained access to KY.’s Yahoo! internet electronic mail account and found an exchange of electronic mail transmissions between K.Y. and an unknown person, which contained sexually explicit conversations and photographs. See Apr. 21, 2011 Tr. at 66:5-16 (Rees, Carvo). 6. K.Y. was sixteen-years old at the time. See id. at 65:6-7 (Rees, Carvo). 7. Task Force Officers Paul Carvo and Claudia Fletes — who are both members of the Federal Bureau of Investigation (“FBI”) Sexual Assault Felony Enforcement Team- — conducted the investigation of KY.’s disappearance. See Apr. 21, 2011 Tr. at 67:3-9 (Rees, Carvo). 8. Carvo obtained K.Y.’s cellular telephone number and electronic mail address, and used both exigent-circumstance documents and administrative subpoenas to get records for her cellular telephone and electronic mail address. See Apr. 21, 2011 Tr. at 68:15-20 (Carvo). 9. The investigators obtained K.Y.’s telephone records and learned that three telephone calls, which were made close in time to when K.Y. was last seen, were received from a telephone number with a 505 area code. See Apr. 21, 2011 Tr. at 69:4-10, 72:3-18 (Rees, Carvo); Verizon Wireless Emergency Information Request at 1 (Government’s Exhibit E). 10. Carvo used database searches on the area code and prefix of the telephone number to determine to what geographic area the 505 telephone number belonged and determined that the telephone number traced to Albuquerque, New Mexico. See Apr. 21, 2011 Tr. at 72:24-73:7 (Rees, Carvo). 11. The 505 telephone number’s subscriber was T-Mobile, and Carvo sent a Request for Immediate Disclosure of Subscriber Information to T-Mobile. See Apr. 21, 2011 Tr. at 75:10-22 (Rees, Carvo). 12. T-Mobile sent the name, birth date, social security number, address, and telephone number of the account’s owner. See Apr. 21, 2011 Tr. at 77:8-9 (Carvo). 13. The account owner’s address was 2265 Kelly Road SW in Albuquerque and the account owner’s name was Edward S. Christy. See id. at 77:8-14 (Rees, Carvo); Facsimile Transmission from Ron Witt to Investigator Wade Walsviek at 1 (dated November 9, 2009) (Government’s Exhibit G) (“T-Mobile Fax”). 14. The investigators also received cellular telephone tower information — information regarding which cellular telephone towers Christy’s cellular telephone accessed when it made or received calls. See Apr. 21, 2011 Tr. at 77:15-22 (Rees, Carvo). 15. On November 7, 2009, at 9:25 p.m., Pacific time, Christy’s cellular telephone made a telephone call to KY.’s cellular telephone number and accessed a cellular telephone tower in Needles, California. See Apr. 21, 2011 Tr. at 77:23-78:1 (Rees, Carvo); T-Mobile Fax at 3. 16. On November 8, 2009, at 1:45 a.m., Pacific time, Christy’s cellular telephone made a telephone call to K.Y.’s cellular telephone number and accessed a cellular telephone tower called North Coast California, which includes the city of Westminster — an area close to KY.’s residence. See Apr. 21, 2011 Tr. at 78:1-12 (Carvo); T-Mobile Fax at 3. 17. On November 8, 2009, Christy’s cellular telephone received a call at 4:03 p.m. and accessed a cellular tower in Holbrook, Arizona. See Apr. 21, 2011 Tr. at 78:13-16 (Rees, Carvo); T-Mobile Fax at 3. 18. On November 9, 2009, at 7:51 a.m., Christy’s cellular telephone called a 505 number and accessed a cellular telephone tower in Albuquerque, New Mexico. See Apr. 21, 2011 Tr. at 78:17-19 (Carvo); T-Mobile Fax at 3. 19. Based on this information, the investigators believed that Christy likely picked up K.Y. and took her to Albuquerque. See Apr. 21, 2011 Tr. at 79:2-4 (Rees, Carvo). 20. The investigators also sought information regarding K.Y.’s electronic mail account — madamepineapple@yahoo.com— and the electronic mail account of the person with whom she had been communicating — b553n2@yahoo.com. See Apr. 21, 2011 Tr. at 79:5-7 (Rees, Carvo). 21. Carvo served an administrative subpoena and a Yahoo! Emergency Disclosure Request Form on Yahoo! seeking information regarding registration information, and current Internet Protocol (“IP”) history and payment information for b553n2@ayahoo.com and for madame pineapple@yahoo.com. See Apr. 21, 2011 Tr. at 79:5-80:13 (Rees, Carvo); U.S. Department of Justice/Federal Bureau of Investigation Subpoena (dated November 9, 2009) (Government’s Exhibit A); Yahoo! Emergency Disclosure Request Form (dated November 9, 2009) (Government’s Exhibit A). 22. Yahoo! provided the user names that madamepineapple@yahoo.com and b 553n2@ayahoo.com gave when they set up their Yahoo! electronic mail accounts and the recent IP addresses associated with the computers from which the users accessed their electronic mail accounts. See Apr. 21, 2011 Tr. at 81:24-82:2 (Carvo); Facsimile Message from Julia Albert to Investigator Paul Carvo (dated November 9, 2009) (Government’s Exhibit B). 23. Carvo ran the IP address that b553 n2@ayahoo.com used through the American registry of internet numbers to see which internet service provider owned that IP address. See Apr. 21, 2011 Tr. at 84:12-19 (Rees, Carvo). 24. The IP address came back to Com-cast. See Apr. 21, 2011 Tr. at 84:12-19 (Rees, Carvo). 25. The investigators submitted an emergency disclosure request to Comcast asking for subscriber information for that IP address. See Apr. 21, 2011 Tr. at 84:22-24 (Carvo). 26. Comcast responded by telephone, and provided Carvo with the name and address of the subscriber who had that IP address on the specific date and time that Carvo had requested. See Apr. 21, 2011 Tr. at 86:13-20 (Rees, Carvo). 27. The subscriber’s name was Edward Christy and his address was 2265 Kelly Rd. SW, Albuquerque; the subscriber’s telephone number was 505^180-8797, which was the cellular telephone number the investigators had been tracking. See Apr. 21, 2011 Tr. at 87:12-20 (Rees, Carvo); Federal Bureau of Investigation Memorandum at 1 (transcribed November 11, 2009) (describing phone call on November 9, 2009) (Government’s Exhibit D). 28. Carvo notified Fletes and advised her that he believed K.Y. was either at 2265 Kelly Rd. SW, Albuquerque or en route to that address. See Apr. 21, 2011 Tr. at 87:25-88:5 (Carvo). 29. At approximately 5:00 p.m. Pacific time on November 9, 2009, the investigators contacted the Bernalillo County Sheriffs Office (“BCSO”) — the local law enforcement — so that local law enforcement officers could respond to the address, and attempt to locate and rescue K.Y. See Apr. 21, 2011 Tr. at 88:20-89:5 (Rees, Carvo). 30. The investigators told BCSO’s dispatch that they had a missing juvenile who ran away from Orange County, California, that the missing juvenile had been communicating with an unknown male adult online, and that she had been exchanging sexually explicit emails and photographs with that person. See Apr. 21, 2011 Tr. at 89:11-14 (Carvo). 31. BCSO deputies responded to Christy’s residence at 2265 Kelly N.W., Albuquerque as a result of this dispatch. See Apr. 21, 2011 Tr. at 8:24-11:2 (Kastrin, Littlefield). 32. Deputies David Littlefield and Justin McKinney were dispatched at approximately 6:18 p.m. on November 9, 2009 to Christy’s residence to conduct the welfare check for K.Y. See id. at 6:19-12:7, 9:9-17, 11:1-7 (Kastrin, Littlefield); id. at 119:13-20 (Rees, McKinney); Bernalillo County Sheriff’s Department Computer Aided Dispatch Report at 1 (dated November 9, 2009) (Government’s Exhibit H) (“CAD Report”). 33. When they were dispatched, Little-field and McKinney knew the information in the CAD Report, which stated: WESTMINSTER CNTY WANTS UNITS TO 10-10 REF A 10-28 ... 10-28 FRM CALI SHES A 16 YR OLD FEMALE IS [K.Y.] DOB/09/29/93 LS ON SUNDAY ... AFTER A 27 CALI FOUND OUT THAT SHE HAD BEEN EMAILING A MALE EDWARD S CHRISTY DOB/6/08/52 AND THE MALE WAS ALSO SENDING HER NUDE PICS OF HIMSELF ... CALL PINGED THE 21 OF THE MALE ON SUNDAY AND IT HIT IN WESTMINSTER CALI AND TODAY ITS HITTING NEAR THE 20 IN ALBUQ FEMALE IS 16 YRS OLD 5'5 100 LBS BLUE/BLONDE CAD Report at l. 34. Based on the information in the CAD Report, Littlefield believed that it was likely K.Y. was in Christy’s company, that she had an inappropriate relationship with Christy, and that it was an emergency situation because K.Y. was possibly in danger and was being abused or sexually exploited. See Apr. 21, 2011 Tr. at 12:17-13:10 (Kastrin, Littlefield). 35. Littlefield and McKinney arrived at Christy’s residence at 6:27 p.m., and parked a little distance away from the residence. See id. at 13:16-18 (Kastrin, Littlefield); Apr. 21, 2011 Tr. at 15:15 (Littlefield); CAD Report at 1. 36. As Littlefield and McKinney made their approach to the residence, Littlefield checked the mailbox to determine whether there was anything addressed to an Edward Christy to verify the information that the California agency provided and to make sure they were at the right residence. See Apr. 21, 2011 Tr. 15:15-16:1 (Kastrin, Littlefield). 37. In the mailbox, there was a letter addressed to Ed Christy, verifying the information they received from the California agency. See Apr. 21, 2011 Tr. 15:22-16:3 (Kastrin, Littlefield). 38. Littlefield walked down the residence’s driveway, because it appeared to him that the residence’s rear entrance was the main entrance or the entrance which was used the most, because the leaves were disturbed going towards the rear entrance, and the front porch was dark and did not look used. See id. at 16:14-25 (Kastrin, Littlefield). 39. While Littlefield was walking down the driving path, he noticed that the blinds covering one of the windows were askew, and he looked in the window to determine the circumstances within the residence. See id. at 17:11-25 (Kastrin, Littlefield). 40. Littlefield wanted to check on the circumstances, because he had concerns for KY.’s safety and his own safety. See id. at 18:2-7 (Kastrin, Littlefield). 41. When Littlefield looked in the window, he saw a young female who matched K.Y.’s description. See Apr. 21, 2011 Tr. at 18:19-20 (Littlefield). 42. The young female was standing in what appeared to be the living room wearing only a brassiere and underwear. See id. at 18:20-21 (Littlefield). 43. She was smiling. See id. at 38:10-12 (McMillian, Littlefield). 44. Children sometimes smile in pictures or images of child pornography, and that they are smiling does not indicate that they are not being abused. See Apr. 21, 2011 Tr. at 179:10-18 (Rees, Proctor). 45. Littlefield did not know whether the young female was being directed or coerced into smiling. See id. at 50:6-9 (Kastrin, Littlefield). 46. Littlefield saw a rope attached to the ceiling; the young female was hanging onto the rope, and there was a much older adult man walking around in his underwear and a T-shirt. See id. at 18:20-24, 19:7 (Littlefield). 47. Littlefield advised dispatch that a young female matching K.Y.’s description was in the residence and told dispatch to “secure the air,” which means that the air was secure for “our traffic [or radio transmissions] only.” Apr. 21, 2011 Tr. at 19:13-23 (Kastrin, Littlefield). 48. Deputies do not tell dispatch to secure the air for every call. See id. at 19:21-25 (Kastrin, Littlefield) (“Q. And do you [ask dispatch to secure the air] in every call out that you have? A. Not on every call out, no, ma’am.”). 49. Littlefield asked his sergeant for permission to force entry into the residence. See Apr. 21, 2011 Tr. at 20:5-7 (Littlefield). 50. He asked for approval to force entry into the residence because, usually, forced entry is not something that BCSO officers do on an average welfare check. See id. at 20:20-22 (Littlefield). 51. Forced entry was approved at 6:35 p.m. See Apr. 21, 2011 Tr. at 21:12-22 (Kastrin, Littlefield); CAD Report at 1. 52. Littlefield also requested backup, because he needed to secure the perimeter of the residence to keep anyone from escaping. See Apr. 21, 2011 Tr. at 20:1-9 (Kastrin, Littlefield). 53. Littlefield and McKinney also did not have a tool with which they could force entry into the house. See id. at 136:20-22 (McMillian, McKinney). 54. Littlefield gave instructions that all backup units should cut their lights and sirens before entering the area, because he did not want to alert the individuals inside the residence that law enforcement was in the area. See Apr. 21, 2011 Tr. at 20:10-16 (Kastrin, Littlefield). 55. Littlefield checked on the young female’s status while he was waiting for the backup units to arrive. See id. at 21:2-11 (Kastrin, Littlefield). 56. When he checked on the young female’s status, he saw that the young female was no longer wearing a brassiere, and, instead of just holding the rope, she appeared to be restrained by the rope. See id. at 21:2-11 (Kastrin, Littlefield). 57. Littlefield also saw what looked like camera flashes that came from the window as he was waiting for the backup units to arrive on the scene. See id. at 22:2-13 (Kastrin, Littlefield). 58. Deputies John McCauley and Santiago Roybal were two of the deputies who responded to Littlefield’s call for assistance. See Apr. 21, 2011 Tr. at 143:11-20 (Kastrin, McCauley); id. at 162:19-25 (Kastrin, Roybal). 59. When the backup deputies arrived, the deputies made a quick plan regarding entry of the residence and lined up at the residence’s back door. See Apr. 21, 2011 Tr. at 144:21-25 (Kastrin, McCauley). 60. McCauley breached the door with a sledgehammer he had brought and the deputies entered the residence. See id. at 144:25-145:2. 61. The team made forced entry at 6:42 p.m. See id. at 23:8-11 (Kastrin, Little-field); CAD Report at 1. 62. When the deputies entered the residence, Roybal noted that Christy had an erection; he did not note Christy’s erection in his report, however, because he was too embarrassed. See Apr. 21, 2011 Tr. at 166:2-8 (Kastrin, Roybal). 63. Once inside the residence, deputies ordered Christy to the ground. See Apr. 21, 2011 Tr. at 24:2-10 (Kastrin, Little-field). 64. After Christy laid on the ground, Littlefield stepped over him and moved towards the living room to check on the victim. See id. at 24:11-19 (Kastrin, Littlefield). 65. Roybal handcuffed Christy. See id. at 165:11-17 (Kastrin, Roybal). 66. In the living room, Littlefield saw the young female — K.Y.—who was, at that point, nude. See id. at 24:24-25:3 (Kastrin, Littlefield). 67. Littlefield told K.Y. to come to him; she appeared startled and said she had to get her clothes. See id. at 25:4-10 (Kastrin, Littlefield). 68. K.Y., who, at the time, had restraints on her wrists, started ripping the restraints off her wrists and running towards the back of the residence. See id. at 25:6-8 (Littlefield). 69. Littlefield told her to “stop, wait,” and started looking for some clothes for her. See id. at 25:8-10 (Littlefield). 70. While Littlefield was assisting K.Y., the other deputies were conducting a sweep of the residence, in which they looked to make sure that there was no one else in the residence who could harm the officers or K.Y., and securing Christy. See id. at 25:11-14, 25:18-22 (Kastrin, Little-field); id. at 145:3-11 (Kastrin, McCauley) (stating that, after the deputies entered the house, they “secured it, meaning ... we took all persons to make sure ... that we weren’t going to be hurt, made sure that there was no one else hiding in the residence”). 71. As McCauley cleared the residence, he saw pornographic material, such as videos and photographs, on top of a desk and on a closet floor. See Apr. 21, 2011 Tr. at 154:14-24 (McMillian, McCauley). 72. It took the officers approximately two minutes to complete the protective sweep of the residence. See id. at 25:23-26:4 (Kastrin, Littlefield); id. at 139:21-23 (Rees, McKinney); CAD Report at 1. 73. One of the deputies advised Christy of his Miranda rights. See Apr. 21, 2011 Tr. at 146:3-147:22 (Kastrin, McCauley); Bernalillo County Sheriffs Department Miranda Warning (Government’s Exhibit S). 74. After the deputy read Christy his Miranda rights, he asked whether Christy understood each of the rights and whether, having those rights in mind, Christy wanted to talk to the deputies. See Apr. 21, 2011 Tr. at 147:24-148:2 (McCauley); Bernalillo County Sheriffs Department Miranda Warning at 1. 75. Christy appeared to the deputies to understand his Miranda rights and did not invoke his right to remain silent. See Apr. 21, 2011 Tr. at 148:3-10 (Kastrin, McCauley); id. at 167:1-4 (Kastrin, Roybal) (stating that Christy, appeared to understand his Miranda rights and did not invoke his right to remain silent). 76. Roybal asked Christy who the juvenile girl was, and Christy responded that her “name’s [K.];” when Roybal asked Christy how old she was, Christy stated that she was eighteen; Christy also told Roybal that he met her on an adult website. See Apr. 21, 2011 Tr. at 167:8-13 (Roybal). 77. Roybal asked Christy where he picked the juvenile up, and Christy told him California. See id. at 167:18-19 (Roybal). 78. Roybal stopped asking Christy questions when another deputy told him that detectives were in route. See Apr. 21, 2011 Tr. at 167:22-168:1 (Kastrin, Roybal). 79. After the protective sweep was completed, Littlefield made sure the young female was dressed and called for Sergeant Taylor, a female deputy, to secure the young female. See id. at 26:14-18 (Kastrin, Littlefield). 80. Approximately ten or fifteen minutes after the deputies entered the residence, and as soon as the young female was dressed and Taylor arrived to secure the young female, the deputies left the residence. See id. at 148:19-23 (McCauley); id. at 27:1-12 (Kastrin, Littlefield). 81. After the deputies left the residence, they secured the residence by parking a unit in the back to watch the back entrance and one in the front to watch the front entrance to make sure that no one could go in an tamper with any evidence. See Apr. 21, 2011 Tr. at 28:2-8 (Kastrin, Littlefield). 82. Proctor was called to investigate the situation with the missing sixteen-year old girl from California. See id. at 179:22-180-8 (Rees, Proctor). 83. When Proctor arrived at Christy’s residence, there was no one inside the house. See id. at 181:12-16 (Rees, Proctor). 84. When Proctor arrived at the residence, Littlefield described the underlying facts to him; Littlefield did not misrepresent the underlying facts. See Apr. 21, 2011 Tr. at 181:20-182:5 (Rees, Proctor). 85. Proctor first had contact with Christy at the law enforcement center at 400 Roma SW, Albuquerque. See id. at 183:25-184:6 (Rees, Proctor). 86. Proctor interviewed Christy; when Proctor began the interview, he took Christy’s handcuffs off. See id. at 214:1-9 (McMillian, Proctor). 87. Proctor also got Christy some water. See id. at 214:10-12 (McMillian, Proctor). 88. Christy was arrested without pants on, and he asked Proctor if he had any pants, to which Proctor responded that he unfortunately did not. See id. at 216:4-14 (McMillian, Proctor); Transcript of Video Interview of Edward Christy at 3:22-24 (transcribed March 17, 2011) (Government’s Exhibit V) (“Transcript of Interview”). 89.Proctor read Christy an Advise of Rights Form, which states: Before we ask you any questions, you must understand your constitutional rights. _ You have the right to remain silent. _ Anything you say can be used against you in a court of law. _ You have the right to talk to a lawyer for advise before we ask you any questions, and to have a lawyer present while we ask you questions. _ If you cannot afford a lawyer, one will be appointed before we ask you any question at no cost to you, if you desire. _ If you decide to answer questions without a lawyer present you will still have the right to stop answering questions at any time, until you talk to a lawyer. _ I have been advised of an understand my Constitutional Rights. _ I have read and understand my Constitutional Rights. Signature _ Date: _ Witness _ Date: _ Waiver of Rights _ I have read this statement of my rights and understand what my Constitutional Rights are. (I have been advised of and understand my Constitutional Rights). _ I am willing to make a statement and answer questions. I do not want a lawyer at this time. I understand and know what I am doing. No promises or threats have been made against me and no pressure or coercion of any kind has been used against me. Signature - Date: _ Signature _ Date: _ Bernalillo County Sheriffs Department Special Victims Unit Interrogation — Advise of Rights (Government’s Exhibit T). See Apr. 21, 2011 Tr. at 185:20-25 (Proctor). 90. Christy acknowledged his understanding of these rights, initialed each line on the Advise of Rights Form, and signed the form, waiving his rights at 11:53 p.m. See Advise of Rights Form at 1; Apr. 21, 2011 Tr. at 186:5-8 (Rees, Proctor). 91. Approximately five hours passed between the time that Christy was arrested and the time that Christy signed the Advise of Rights Form. See CAD Report at 2; Advise of Rights Form at 1. 92. Christy appeared to understand his rights, he did not have any questions, and he was willing to speak to Proctor. See id. at 186:17-25 (Rees, Proctor). 93. Proctor described Christy as very talkative and willing to talk; Proctor did not do anything to threaten or coerce Christy to participate in the interview. See Apr. 21, 2011 Tr. at 189:2-8 (Rees, Proctor). 94. There was nothing which suggested that Christy was under the influence of drugs or alcohol, and thus did not understand what was going on. See Apr. 21, 2011 Tr. at 189:20-190:1 (Rees, Proctor). 95. Christy was not under the influence of drugs or alcohol. See id. at 189:20-190:1 (Rees, Proctor). 96. Christy understood what was happening. See Apr. 21, 2011 Tr. at 189:9-11 (Rees, Proctor). 97. Proctor’s interview with Christy was video-taped and later transcribed. See Transcript of Interview (transcribed March 17, 2011). 98. Christy told Proctor that he met K.Y. on a dating website called agematch.com, and that, because he met her on the website, he believed she was eighteen or older. See Apr. 21, 2011 Tr. at 190:16-18(Proetor). 99. Christy told Proctor that he knew that KY.’s psychological condition was fragile, and that he believed her father was verbally and psychologically abusive. See id. at 190:16-22 (Proctor). 100. Christy told Proctor that he felt bad for her, and made a snap decision to go help her and/or rescue her. See id. at 190:16-24. 101. Through the course of the interview, Christy told Proctor how he and K.Y. made plans for him to go get her, which demonstrated some inconsistencies with his statement that he made a snap decision to go get her. See Apr. 21, 2011 Tr. at 190:25-191:3 (Proctor). 102. Christy told Proctor that he picked her up in California, stopped at Needles on the way back, and had sex with her there. See id. at 191:4-7 (Proctor). 103. Christy told Proctor that, after sleeping a bit, they continued to Albuquerque, where they had sex again. See id. at 191:4-9 (Proctor). 104. During this time, Proctor was in contact with the Westminster Police Department, and it sent him a copy of an electronic mail transmission that Christy sent to K.Y. in which he said he was upset at her for lying about her age and that he could not believe that she was only sixteen. See Apr. 21, 2011 Tr. at 192:4-12 (Proctor). 105. Proctor told Christy about the electronic mail transmission after a break in the interview, and Christy relented and said that K.Y. was under eighteen years of age. See Apr. 21, 2011 Tr. at 192:13-18 (Proctor). 106. Soon after, Proctor told Christy that the FBI was investigating the incident, that the FBI were sitting in his house, and that they were going through his house, or that they would soon go through his house if they had not yet. See Transcript of Interview at 39:18-25 (Proctor). 107. Proctor asked Christy what the FBI would find. See Transcript of Interview at 39:25-40:1 (Proctor). 108. Christy told Proctor that they would find K.Y.’s clothes and personal items, electronic communications between himself and K.Y. on his computer, and pictures of K.Y. See Transcript of Interview at 40:2-23 (Christy, Proctor). 109. Proctor asked Christy about video equipment or cameras, stating that the deputies said they saw Christy taking pictures of K.Y. in bondage, and in response, Christy stated that he took a picture of K.Y. in her underwear when she was making dinner and that he had three pictures of her. See Transcript of Interview at 42:11-46:16 (Proctor, Christy). 110. Towards the end of the interview, Christy began asking Proctor if he should talk to a lawyer. See Apr. 21, 2011 Tr. at 194:7-13 (Rees, Proctor); Transcript of Interview at 55:3-5 (Christy) (“And do you think, just as kind of a question, that it’s probably best to do the lawyer thing at this point?”). 111. Proctor told him that he could not advise him what he should do regarding a lawyer; soon after — discussing what would happen if Christy requested a lawyer— that they would ask no questions until he had a lawyer, that Christy would be booked, and that he then have an ability to talk to an attorney — Proctor terminated the interview. See Apr. 21, 2011 Tr. at 194:16-23 (Rees, Proctor); Transcript of Interview at 55:3-61:11 (Proctor, Christy). 112. In her interview with an FBI special agent, K.Y. stated that she met Christy over the internet and that, after two or three communications, she told Christy her real age; she described them making plans for him to get her, and stated that they had sex in Needles and in Albuquerque. See Apr. 21, 2011 Tr. at 196:1-22 (Rees, Proctor). 113. Proctor prepared search warrants, which sought to search Christy’s residence, his cellular telephone, his vehicle, his computer, and his person. See Apr. 21, 2011 Tr. at 197:4-13 (Rees, Proctor). 114. Proctor incorporated KY.’s statements and Christy’s statements in his search-warrant affidavits. See Apr. 21, 2011 Tr. at 196:20-197:3 (Rees, Proctor). 115. Proctor also incorporated the Littlefield’s observations when he looked in the window and the deputies’ observations when they entered Christy’s residence. See, e.g., Search Warrant at 5 (dated November 10, 2009) (Government’s Exhibit W) (“Residence Search Warrant”). 116. As the grounds for issuance of the search warrants, Proctor stated: On November 9[th], 2009 at about 1900 hours, I was called out regarding a welfare check that was made at 2265 Kelly SE in reference to a missing 16 year old female juvenile from California. For the purpose of this Affidavit, the Juvenile will be know [sic] as K.Y.. [sic] Upon arriving on scene at 2265 Kelly SE, I learned that Deputies were dispatched to the above mentioned address to perform a welfare check that was requested by Westminster Police Department out of California. According to Westminster PD, they had discovered information that K.Y. had possibly left the state of California with Edward Christy. Deputies were also given K.Y.’s description and given Christy’s address of 2265 Kelly SW. Once Deputies received this information and arrived at 2265 Kelly SW, they approached the residence and looked through the window. As they did this, they noticed what appeared to be a young female matching K.Y.’s description tied up by her wrists and neck with bondage materials (straps). Deputies also noticed white flashes that made them believe that photographs were being taken of K.Y.. [sic] Upon making this observation, Deputies made entry into the house and were able to make contact with Edward Christy and identify the young female in bondage as K.Y.. [sic] Both K.Y. and Christy were detained for investigation. It was at this point where Christy was transported to the Law Enforcement Center, located at 400 Roma NW, to be interviewed by myself and K.Y. was transported to the FBI office, located at 4200 Luecking Park Ave NE, where she was interviewed by Agent Mary Adkins. Before I started my interview with Christy, he was read his rights and he signed an Advise of Rights form stating that he understood his Constitutional rights. During my interview with Christy, he informed me that he met K.Y. on the internet approximately one and a half months ago on a dating website called Age Match. During this time, he stated that he developed a friendship with K.Y.. [sic] Christy also stated that he believed K.Y. to be 18 years of age and that he had asked her to send him photographs of her, of which he received two. Christy then stated that on or about 11/6/09, K.Y. told him that if she could not leave her home and stay with him, she was going to kill herself. According to Christy, this threat of suicide was the reason why he drove to California, picked K.Y. up, and drove her back to Albuquerque. During this portion of the interview, I asked Christy if he had sexual intercourse with K.Y. and he stated “yes, twice.” Christy stated these were in a motel in Needles, California, and once Sunday night (11/08/09) at his residence in Albuquerque. He maintained that he believed K.Y. to be 18 years of age. It should be noted that I obtained a copy of an email that was sent from Christy to K.Y. on 11/06/09. This copy was sent to me from the Westminster Police Department. The email indicated that Christy knew that K.Y. was only 16 years of age. I confronted Christy with this email and at that time he did admit to knowing that K.Y. was only 16 years old. In these later admissions, Christy also admitted to performing oral sex on K.Y., having her touch and rub his penis, and buying dog cages and bondage items to facilitate her sexual fantasies. After talking with Christy, I was contacted by [an FBI agent]. She informed me that in her interview, K.Y. disclosed two occasions where she had sexual intercourse with Christy. These disclosed incidents happened once at a Motel and once at Christy’s residence in Albuquerque. She also stated Christy had requested naked photographs of her over the internet and that she sent him two of these photographs. These disclosures made to Agent Adkins are consistent with admission [sic] made by Christy. Residence Search Warrant at 5-6. See Search Warrant at 2-3 (dated November 12, 2009) (Government’s Exhibit X) (same) (“Vehicle Search Warrant”); Search Warrant (dated November 12, 2009) (Government’s Exhibit Y) (same but adding that the Westminster Police Department discovered information that K.Y. possibly left the state with Christy, because of electronic mail transmissions recovered from her account and that the electronic mail transmissions not only helped identify Christy but contained two naked photographs Christy sent of himself) (“Search Warrant for Christy’s Person”); Search Warrant (dated November 19, 2009) (Government’s Exhibit Z) (same but adding that the cellular telephone were seized during the execution of a previous search warrant because they were capable of taking photographs and storing digital images, including images of child pornography) (“Cellular Telephone Search Warrant”). 117. The Honorable Albert S. Murdoch, New Mexico State District Judge, approved the search warrant for Christy’s residence around 7:00 a.m. on November 10, 2009. See Apr. 21, 2011 Tr. at 199:5-11 (Rees, Proctor). 118. Proctor executed a return and inventory of the items seized on November 12, 2009. See Apr. 21, 2011 Tr. at 201:1-6 (Rees, Proctor); Search Warrant Return and Inventory at 1 (dated November 12, 2009) (Government’s Exhibit W). 119. On November 12, 2009, Judge Murdoch approved the search warrant for Christy’s vehicle. See Apr. 21, 2011 Tr. at 201:15-202:23 (Rees, Proctor); Vehicle Search Warrant at 1. 120. The return of the seized items was filed on November 13, 2009. See Apr. 21, 2011 Tr. at 203:17-19 (Rees, Proctor). 121. Judge Murdoch approved the search warrant for Christy’s person on November 12, 2009. See Apr. 21, 2011 Tr. at 204:3-205:5 (Rees, Proctor); Search Warrant for Christy’s Person at 1. 122. The return for the search warrant for Christy’s person was filed November 13, 2009. See Apr. 21, 2011 Tr. at 206:19-21 (Rees, Proctor). 123. The search warrant for the cellular telephones related to K.Y. and Christy was approved on November 19, 2009; the warrant was executed on November 19, and a return was filed November 20, 2009. See Apr. 21, 2011 Tr. at 206:17-208:1 (Rees, Proctor); Cellular Telephone Search Warrant at 1; Return and Inventory at 1 (dated November 20, 2009) (Government’s Exhibit Z). 124. Pursuant to the search warrants, the deputies seized used condoms, multiple sex toys, KY.’s personal items, blue pills, a cellular telephone battery, a computer, and computer-related media, which were later determined to contain visual depictions of minors engaged in sexually explicit conduct, including pictures of K.Y. See Search Warrant Return and Inventory (Government’s Exhibit W); Search Warrant Return and Inventory (Government’s Exhibit X). 125. Proctor acquired a state arrest warrant for Christy for Criminal Sexual Penetration, Custodial Interference, and Sexual Exploitation of a Minor. See Warrant for Arrest at 1 (dated November 10, 2009) (Government’s Exhibit BB); Apr. 21, 2011 Tr. at 208:2-10 (Rees, Proctor). 126. The arrest warrant is dated November 10, 2009. See Warrant for Arrest at 1. 127. Although the Criminal Complaint and Arrest Warrant Affidavit states that it was sworn to on November 11, 2009, Proctor testified that it was a typographical error and should state November 10, 2009. See Criminal Complaint and Arrest Warrant Affidavit at 1-2 (dated November 10, 2009) (Government’s Exhibit AA); Apr. 21, 2011 Tr. at 209:5-7 (Rees, Proctor). 128. The arrest warrant and supporting affidavit would have been submitted to a judge at the same time, and they were both submitted on November 10, 2011. See Apr. 21, 2011 Tr. at 209:14-201:8 (Rees, Proctor). PROCEDURAL BACKGROUND On May 26, 2010, a federal grand jury returned an Indictment charging Christy with one count of violating 18 U.S.C. § 2423(a) — Transportation with Intent to Engage in Criminal Sexual Activity — and three counts of violating 18 U.S.C. §§ 2252(a)(4)(b), 2252(b)(2), and 2256-Possession of a Matter Containing Visual Depictions of Minors Engaged in Sexually Explicit Conduct. See Doc. 2. On April 26, 2011, the grand jury returned a Superceding Indictment, also charging Christy with one count of violating 18 U.S.C. § 2428(a) — Transportation with Intent to Engage in Criminal Sexual Activity — and three counts of violating 18 U.S.C. §§ 2252(a)(4)(B), 2252(b)(2) and 2256-Possession of a Matter Containing Visual Depictions of Minors Engaged in Sexually Explicit Conduct. See Doc. 94. On February 14, 2011, Christy filed his Motion to Suppress Evidence and Statements. See Doc. 41. Christy asks the Court to suppress evidence allegedly illegally obtained from his residence during a warrantless search, followed by a search pursuant to a warrant, as well as his statements obtained as a result of the search. On February 15, 2011, Christy filed his Brief in Support of Motion to Suppress Evidence and Statements. See Doc. 46 (“First Brief’). Christy argues that there were not exigent circumstances to justify the invasion of his home. He argues that, had the deputies not forced entry into his home and searched his home, arrested him, and interviewed him, “none of the material used in the search warrant and affidavit would have been available to establish probable cause for the issuance of the warrant.” First Brief at 3. He further argues that, even if the deputies’ entry into his home was justified, the search that followed was unreasonable. On February 14, 2011, the United States filed its Motion to Strike Defendant Edward Christy’s Motion to Suppress Evidence and Statements. See Doc. 45. The United States moves the Court to strike as untimely Christy’s Motion to Suppress. The United States contends that the Court set a pre-trial motions deadline in this case, which expired on June 23, 2010. The United States contends that Christy filed his motion nearly eight months late and, because he failed to mention the timeliness of his motion, he fails to establish that good cause exists to relieve him of the constraints of rule 12(e)’s provision that a party’s failure to comply with a pretrial motions deadline constitutes a waiver of the argument and that a court may grant relief from this waiver only based on a showing of good cause. The United States further contends that good cause does not exist. On February 28, 2011, the United States filed the United States’ Response to Defendant’s Motion to Suppress (Docs, hi, h6 and h7). See Doc. 54. The United States asks the Court to deny the Defendant’s Motion to Suppress. The United States contends that the officers had a right to lawfully enter Christy’s residence under the emergency aid/exigent circumstances exception to the Fourth Amendment’s search requirement. The United States further contends that, once inside the residence, the officers did not exceed the Fourth Amendment’s limitations. The United States asserts that Christy’s subsequent interviews and his recorded incriminating admissions were in accordance with Miranda and a product of his free will. The United States contends that there is not any fruit of a poisonous tree evidence that merits suppression. The United States further asserts that, if the Court finds that the basis of the search warrants defective, it should find application of the good-faith exception to the exclusionary rule. On April 1, 2011, Christy filed the Defendant’s Amended Brief in Support of Motion to Suppress Evidence and Statements. See Doc. 66 (“Second Brief’). In his amended brief, Christy argues that the deputies’ act of walking around the corner of the house past the normal front entrance and peering into a crack in the window shades constitutes an illegal warrantless search. Also on April 1, 2011, Christy filed the Defendant’s Response to United States’ Motion to Strike Defendant’s Motion to Suppress Evidence and Statements (Doc. 45). See Doc. 68. In his response, Christy argues that he has not waived any right to a motion invoking his rights under the Fourth Amendment and that a motion to suppress is timely if it is filed before trial. He argues that, at a hearing on March 1, 2011, the Court extended the time for filing pretrial motions to April 1, 2011, and thus his motion to suppress and brief are timely. Christy further argues that, even if the Court finds that he did not timely file his motion to suppress, the Court may grant relief upon a showing of good cause. Christy argues that good cause exists to grant relief from any waiver of an argument invoking his rights, because the United States provided inadequate discovery. On April 6, 2011, the United States filed the United States’ Response to Defendant’s Amended Brief in Support of Motion to Suppress (Doc. 66). See Doc. 80. The United States contends that the only new information and/or argument in the Second Brief is that the deputies were wearing tactical gear, a reference to the BCSO exigent circumstance policy, and that the deputies’ act of peering into the crack in the window shades is an illegal search. The United States reiterates its argument that the officers had a right to enter the resident under the emergency aid/exigent circumstances exception and its request that the Court deny Christy’s motion to suppress. At the hearing, Christy argued that Littlefield violated the Fourth Amendment by being at the window, that he violated the Fourth Amendment by looking in the window, and that there were no exigent circumstances justifying entry into the residence. He argued that, assuming there were exigent circumstances, they passed before the deputies entered the residence and that the deputies had the obligation to obtain a search warrant. Christy also argued that the police exceeded the scope of a permissible protective sweep. He further argued that Christy was denied counsel in violation of the Fifth and Sixth Amendments to the United States Constitution. See Apr. 22, 2011 Tr. at 15:21-25 (McMillian) (“The next problem I have, Your Honor, is in detaining Mr. Christy ... for four hours without his pants, without a phone call, without anything to drink and in hand[cuffs] and then-and then interrogated him ... without counsel.”); id. at 16:25-17:2 (“Deception is not a constitutional problem, Your Honor, unless it’s used to coerce — coerce what amounts to a [denial] [of] counsel.”). At the hearing, the Court asked the United States about the its argument regarding exigent circumstances. THE COURT: ... [T]here’s two components to the exigent circumstances. One which requires probable cause and one [which] ... doesn’t. Maybe the [United States] is just not going under the probable cause one at all. If it is [not], then I can eliminate that half of the exigent circumstances and just focus on the one that doesn’t require probable cause. Is it that prong that the United States ... — is the United States saying they don’t have to have probable cause here. MS. REES: For purposes of exigency I do not believe we would have n[eeded] to have probable cause. We w[ould] have only needed to have probable cause ... when Detective Carvo indicated in his testimony that he believed he had probable cause for crimes. THE COURT: But you ... are jettisoning] the probable cause portion of the exigent circumstances, then aren’t you forced to — I agree it’s a reasonable suspicion or you can give me the exact language, and I certainly agree it’s less than probable cause, but now you have to establish that the young girl was in immediate danger of harm. MS. REES: That is correct.... THE COURT: So the crime [aspect] goes out the window. MS. REES: That is correct for Deputy Littlefield’s purposes when we’re [Booking at his testimony and assessing his objective reasonable belief whether exigency existed you look at whether he reasonably believefd] a emergency existed.... Of the danger of ... the another. THE COURT: I think I agree with you that doesn’t require any probable cause.... MS. REES: Absolutely. THE COURT: So it’s kind of irrelevant, then — It’s kind of irrelevant what crime could have been ch[arged], what crime could have been suspected, what he was actually charged with.... The thing we’re focusing on is whether the juvenile] girl was in immediate danger of harm. MS. REES: For Deputy Littlefield in that initial entry you are absolutely correct. ... Apr. 22, 2011 Tr. at 24:16-26:3 (Court, Rees). The United States argued that the deputies had exigent circumstances based on the information they received from California in the CAD report. The United States argued that the deputies had exigent circumstances when they pulled their police car up and conceded that, if they did not have exigent circumstances when Littlefield read the CAD Report, Littlefield could not have had exigent circumstances looking in the window. MS. REES: ... It’s the United States position that Deputy Littlefield lawfully approached that window and looked through the window and he had sufficient information based upon the CAD report to believe that this missing child was in danger. It is a 16 year old female who went missing from Westminster, California with a 57 year old male. The fact that she’s missing suggests some degree of danger. It’s been reported that she is missing, and then they found Deputy Littlefield also was aware that ... s[h]e had been e-mailing naked photographs between herself and this adult male. And as Deputy Littlefield suggest that fact in and of itself indicated some t[ype] of sexual interest. So just based on the age difference you would have a danger to the child because we know it is unlawful to have any type of sexual reflationship] with a m[Jan From there. THE COURT: Is what you’re arguing is that they had exigent circumstances when they pull their police car up. MS. REES: Absolutely. THE COURT: Two blocks away or so radi[u]s. MS. REES: Absolutely. THE COURT: So would you agree with me that if they didn’t have exigent circumstances that he couldn’t have been in the ... window. MS. REES: I would agree with that. THE COURT: So he needs exigent circumstances before he even looks in the window.... MS. REES: I would agree with that because the window would be a search. THE COURT: And so what I understand the Government to be arguing is that from this CAD report these — this information is enough to constitute exigent circumstances [MS. REES:] [Absolutely. [And also] the fact that California had pinged the cellular telephone of this male and found it hit in Westminster, California, the same location that in the missing juvenile was from and now today it is pin[g]ing in Albuquerque, that suggests recent travel. So now they have reason to ... belie[ve] that the missing juvenile is in the company of this ... adult who is substantially older than who her, who has been engaged in sending and receiving naked pictures. So that further raises the bar. MS. REES: I believe that the exigent circumstance ... arose when this juvenile went missing and the facts and circumstances which were available to Deputy Littlefield ... suggested she was in custody of this older male whom she[ ] had been exchanging with and that naked pictures is key. Apr. 22, 2011 Tr. at 26:10-28:25 (Court, Rees) (emphasis added). It argued that, once Littlefield looked in the window, he saw circumstances that heightened the exigency suggesting child abuse. The United States asserted that it was not contesting that Christy was in custody and not free to leave, but argued that Christy was properly advised on his Miranda rights and knowingly and intelligently waived his right to counsel. See Apr. 22, 2011 Tr. at 34:4-7 (Rees) (“[I]n terms of the interview itself, first of all, the United States is not contesting that the defendant was ... in [custody] and not free to leave.”). RELEVANT LAW REGARDING RULE 12 Rule 12(b)(3) of the Federal Rules of Criminal Procedure states that a motion to suppress evidence “must be raised before trial.” Fed.R.Crim.P. 12(b)(3). Rule 12(c) states that “[t]he court may, at the arraignment or as soon afterward as practicable, set a deadline for the parties to make pretrial motions and may also schedule a motion hearing.” Fed.R.Crim.P. 12(c). “A party waives any Rule 12(b)(3) defense, objection, or request not raised by the deadline the court sets under Rule 12(c) or by any extension the court provides.” Fed.R.Crim.P. 12(e). “For good cause, the court may grant relief from the waiver.” Fed.R.Crim.P. 12(e). The United States Court of Appeals for the Tenth Circuit, in United States v. Bryant, 5 F.3d 474 (10th Cir.1993), stated that the record clearly indicated that the defendant failed to show cause for his failure to make a timely motion. See 5 F.3d at 476. “The fact that trial counsel, who had been serving as co-counsel in Defendant’s case, was not officially appointed by the court until two days before trial was not sufficient cause.” 5 F.3d at 476. “Defendant has made no allegations that prior defense counsel was prevented from filing the motion or that trial counsel, during the time he served as co-counsel, was prevented from filing, or urging Defendant’s second counsel to file the motion.” 5 F.3d at 476. The Tenth Circuit found that, because the defendant failed to show cause for failing to raise his selection prosecution claim prior to trial, he waived the claim. See 5 F.3d at 476. In United States v. Gonzales, 229 Fed.Appx. 721 (10th Cir.2007), the Tenth Circuit held that the district court did not abuse its discretion when it determined that the defendant’s motion to dismiss and motion to disclose the identity of the confidential informant were untimely. See 229 Fed.Appx. at 726. The defendant filed his motions one business day before his trial was set to begin, after the deadline for pretrial motions. See 229 Fed.Appx. at 726. The Tenth Circuit noted that the defendant did not argue that the facts upon which his motions relied could not have been fully discovered by the date set for those motions. See 229 Fed.Appx. at 726. He does argue that the district court should have inquired whether there was good cause for the untimely motions before summarily dismissing them. Had the court done so, he contends, it would have recognized that the eight continuances during the course of Mr. Gonzales’s representation by two separate counsel resulted in the filing of no substantive motions on his behalf. He argues that “[t]he issues in the[ present] motions were, essentially, Mr. Gonzaleses] only legal defense.” Aplt’s Br. at 34. Mr. Gonzales suggests that the district court should have exercised its discretion to hear his untimely motions “in the furtherance of justice.” Id. at 35. When the district court appointed Mr. Bierly in August 2005, it informed him that there would be no more continuances and to be prepared for trial beginning in October 2005. Mr. Gonzales did not indicate that he disagreed with his counsel’s tactics before trial. There is no cause given for the belated filings, apart from Mr. Gonzales’s present contention of ineffective assistance of counsel, which we address below. Moreover, the district court also dismissed the motions on the merits, further undermining Mr. Gonzales’s argument. Accordingly, we hold that the district court did not abuse its discretion when it determined that Mr. Gonzales’s motion to dismiss and motion to disclose the identity of the confidential informant were untimely. 229 Fed.Appx. at 726. RELEVANT LAW REGARDING FOURTH-AMENDMENT SEARCHES The Fourth Amendment to the United States Constitution “protects ‘[t]he right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures.’ ” United States v. Thompson, 524 F.3d 1126, 1132 (10th Cir.2008) (quoting U.S. Const, amend. IV). It also commands that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const, amend. IV. “The security of one’s privacy against arbitrary intrusion by the police — which is at the core of the Fourth Amendment — is basic to a free society.” Wolf v. Colorado, 338 U.S. 25, 27, 69 S.Ct. 1359, 93 L.Ed. 1782 (1949), overruled on other grounds by Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). “[T]he Fourth Amendment protects people, not places,” and the Supreme Court of the United States has vigorously asserted that the proper analysis under the Fourth Amendment is not whether the place searched is a “constitutionally protected area.” Katz v. United States, 389 U.S. 347, 351, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). The proper inquiry is whether the defendant had an expectation of privacy in the place searched and whether that expectation was objectively reasonable. See id. (“What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”); Katz v. United States, 389 U.S. at 361, 88 S.Ct. 507 (Harlan, J., concurring) (“My understanding of the rule that has emerged from prior decisions is that there is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’ ”). There is no doubt, however, that a citizen has a reasonable expectation of privacy, and a particularly strong one, in his own home. The “chief evil” from which the Fourth Amendment protects citizens is unwanted police entry into the home, and the “principal protection” is “the Fourth Amendment’s warrant requirement.” United States v. Thompson, 524 F.3d at 1132. See Kyllo v. United States, 533 U.S. 27, 31, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001) (“ ‘At the very core’ of the Fourth Amendment ‘stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.’ ”) (quoting Silverman v. United States, 365 U.S. 505, 511, 81 S.Ct. 679, 5 L.Ed.2d 734 (1961)); Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) (“[Sjearches and seizures inside a home without a warrant are presumptively unreasonable.”). 1. Search Warrants Require Probable Cause. The Supreme Court requires that a magistrate judge be provided information sufficient to determine the existence of probable cause before he or she issues a warrant. See Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). A magistrate judge must consider the totality of the circumstarices described in the warrant affidavit to determine probable cause, which exists when there is “a ‘fair probability’ that contraband or other evidence will be found in a particular place.” United States v. Biglow, 562 F.3d 1272, 1280-81 (10th Cir.2009) (quoting Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317). A magistrate judge’s decision to issue a search warrant may not be solely a ratification of the law-enforcement officials’ conclusion that a suspect has committed a crime; rather, affidavits supporting a search-warrant request must provide the magistrate judge with a substantial basis on which to issue a warrant. See United States v. Biglow, 562 F.3d at 1281; United States v. Prince, 593 F.3d 1178, 1186 (10th Cir.2010) (“An affidavit submitted in support of a search warrant must provide the magistrate with a substantial basis for determining the existence of probable cause.”) (internal quotation marks omitted). In other words, the magistrate judge must perform his or her own unbiased and independent review of the facts presented. See United States v. Leon, 468 U.S. 897, 914, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). To assure that warrants are not based on bare conclusions, the Supreme Court has mandated the courts to “conscientiously review the sufficiency of affidavits on which warrants are issued.” Illinois v. Gates, 462 U.S. at 239, 103 S.Ct. 2317. See United States v. Biglow, 562 F.3d at 1281. A magistrate judge’s finding of probable cause is nevertheless given great deference, with the court’s role in reviewing the probable-cause finding limited to the sufficiency of the warrant affidavit; the Supreme Court prohibits after-the-fact de novo scrutiny of the probable-cause determination. See United States v. Biglow, 562 F.3d at 1281 (quoting Illinois v. Gates, 462 U.S. at 238-40, 103 S.Ct. 2317, and Massachusetts v. Upton, 466 U.S. 727, 733, 104 S.Ct. 2085, 80 L.Ed.2d 721 (1984)). 2. Warrantless Searches: Limited Fourth Amendment Exceptions. Not all searches require a warrant. The Supreme Court has instructed that, when assessing the reasonableness of a warrant-less search, a court must begin “with the basic rule that ‘searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well-delineated exceptions.’ ” Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 1716, 173 L.Ed.2d 485 (2009) (citing Katz v. United States, 389 U.S. at 357, 88 S.Ct. 507). See Payton v. New York, 445 U.S. at 58