Order Accepting Magistrate Judge’s Report and Recommendation on Motion to Suppress — United States v. Casutt (Dkt. 82, D. Nev.)

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An Order Accepting Magistrate Judge's Report and Recommendation on Motion to Suppress in United States of America v. Brandon Casutt, Case No. 2:20-cr-00231-APG-NJK, in the U.S. District Court for the District of Nevada, dated February 24, 2022 and signed by District Judge Andrew P. Gordon. After de novo review under Local Rule IB 3-2(b), the court adopts Magistrate Judge Koppe's recommendation to deny the motion to suppress evidence from electronics and the defendant's statements to officers. It adds that Mr. Casutt voluntarily provided the passcodes to Special Agent Robinson. The order denies the motion to suppress (ECF No. 48) and the motion for permission to file a reply (ECF No. 75).

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Case 2:20-cr-00231-APG-NJK Document 82 Filed 02/24/22 Page 1 of 2




 1                             UNITED STATES DISTRICT COURT

 2                                     DISTRICT OF NEVADA

 3 UNITED STATES OF AMERICA,                               Case No.: 2:20-cr-00231-APG-NJK

 4          Plaintiff                                   Order Accepting Magistrate Judge’s
                                                      Report and Recommendation on Motion to
 5 v.                                                                Suppress

 6 BRANDON CASUTT,                                                [ECF Nos. 48, 69, 75]

 7          Defendant

 8         Defendant Brandon Casutt moved to suppress “all evidence gathered from the electronics

 9 belonging” to him and his family, and his statements to officers. ECF No. 48 at 1. After

10 conducting an evidentiary hearing, Magistrate Judge Koppe recommended that the motion to

11 suppress be denied. ECF No. 69. Mr. Casutt objected to that recommendation (ECF No. 70) and

12 the Government responded (ECF No. 72). Mr. Casutt also moved for permission to file a reply

13 in support of his objection. ECF No. 75.

14         I have conducted a de novo review of the motion and related papers as required by Local

15 Rule IB 3-2(b). Judge Koppe’s Report and Recommendation sets forth the proper legal analysis

16 and factual bases for the decision, and I adopt it as my own. I supplement her findings and

17 conclusions as follows:

18         Mr. Casutt voluntarily provided the passcodes to Special Agent Robinson. The contents

19 of the cell phone are “the physical fruit of a voluntary statement” and thus would not be

20 suppressed under United States v. Patane, 542 U.S. 630, 636 (2004). See also Tekoh v. Cnty. of

21 Los Angeles, 985 F.3d 713, 721-22 (9th Cir. 2021), cert. granted sub nom. Vega v. Tekoh, 142 S.

22 Ct. 858 (2022) (“Justice Kennedy’s concurring opinion [in Patane] was both necessary to the

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           Case 2:20-cr-00231-APG-NJK Document 82 Filed 02/24/22 Page 2 of 2




 1 judgment and narrowly focused on the distinction between physical evidence and un-Mirandized

 2 statements . . . and it thus controls.”

 3         Mr. Casutt moved for leave to file a reply brief to address “electronic passcodes’

 4 relationship to the Fifth Amendment protection against self incrimination, [and] Mr. Casutt’s

 5 custodial status.” ECF No. 75 at 2. Reply briefs are generally disfavored. See Local Rule IB 3-

 6 2(a). The parties fully briefed these issues. See, e.g., ECF No. 70 at 13-19. There is no need for

 7 a reply brief, so I deny the motion.

 8         I HEREBY ORDER that Magistrate Judge Koppe’s Report and Recommendation (ECF

 9 No. 69) is accepted. Mr. Casutt’s motion to suppress (ECF No. 48) is denied. Mr. Casutt’s

10 motion for permission to file a reply in support of his objection (ECF No. 75) is denied.

11         Dated: February 24, 2022.

12
                                                        ANDREW P. GORDON
13                                                      UNITED STATES DISTRICT JUDGE

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