Something to remember

[admin]

"On March 21, 2018, officer Christian Nelson obtained a warrant for Daugherty's home (hereinafter the "Device Warrant") to seize "any and all computers... including but not limited to hard disk drives, floppy disks, compact discs, DVD's USB devices... and any and all information and data stored in the form of magnetic or electronic coding on computer media or media capable of being read by a computer..." Search Warrant, 18-MR-40 (Exhibit F). The Device Warrant further provided "authority to analyze and search any magnetic or optical media seized for the relevant evidence as outlined in this search warrant..." The Device Warrant did not mention what electronic evidence or data the police could seize pursuant to this warrant, nor did it name the crime for which the police had probable cause. Instead, it allowed an unlimited search of all of the devices. Furthermore, it did not expressly incorporate the affidavit into the warrant terms." (Daugherty's Motion to Suppress 2024)

[admin]

"The affidavit for the Device Warrant stated that the "FBI Springfield office received a tip that Todd E. Daugherty (M/W D.O.B. 07/05/1968 posted on internet social forum Hateandflame.com the following comment 'FUCK YOU YOU STALKING MOTHER FUCKERS. I'LL SHOW YOU WHO IS AUSTIC. I'LL GO TO FUCKING MEMORIAL ELEMENTARY SCHOOL AND MAKE SANDY HOOK LOOK LIKE A SUNDAY SCHOOL PICNIC."" The affidavit also stated that the post was "issued by someone" with the username "N90GL", which was Daugherty's ham radio call sign. The affidavit also stated that his "profile picture" and the post included the same photos of Daugherty holding a handgun. No other explanation was provided about how they knew that was his profile. No explanation was provided about the website, how one could set up a profile, make posts, or about its user base, or its contents. No IP address was provided linking Daugherty to the post. Furthermore, the affidavit did not explain that the tipster intentionally obscured their identity through the Tor network. Nor did the affidavit explain that multiple people indicated that Daugherty had been set up. Significantly, the affidavit did not even include that posts continued to appear under his name while he was in custody and had no access to electronic devices. Instead, the Device Warrant affidavit contained conclusory assertions that it was Todd Daugherty's account that made the post."

(Daugherty's Motion to Suppress (page 4)(2024)

[admin]

On March 29, 2018, officer Christian Nelson obtained warrant for NFSN inc., the company hosting the website www.hateandflame.com (hereinafter the "Hateandflame Warrant"). Search Warrant, 18-MR-45 (Exhibit G). In response to that warrant, police learned that neither Daugherty's IP address nor his MAC address had been used to post on hateandflame.com during the time of the threatening post. Warrant Return, 18-MR-45 at p. 6-7 (Exhibit G). 

(Daugherty's Motion to Suppress Page 5 (2024)

[admin]

On April 4, 2018, despite knowing that they definitively lacked probable cause to search the devices they seized from Mr. Daugherty's home, the Taylorville Police Department enlisted the FBI to conduct search of the devices that remained in their custody. See SA Arnold 1057, 4/6/18.

(Daugherty's Motion to Suppress Page 5 (2024)

[admin]

The Device Warrant was invalid because it lacked probable cause and was an unconstitutional general warrant. Moreover, in obtaining that warrant, the government intentionally omitted material facts that demonstrated that they lacked probable cause.

The Device Warrant Lacked Probable Cause

The Device Warrant lacked probable cause because it was based on the statement of an anonymous informant whose credibility was completely uncorroborated by subsequent investigation. Instead, the warrant affidavit rests on the fact that a threatening online post contained publicly available information-Daugherty's name, ham radio signal, and a photograph