United States District Court, M.D. Tennessee, Northeastern Division
MEMORANDUM OPINION & ORDER
RICHARDSON, UNITED STATES DISTRICT JUDGE.
the Court is Defendant Steven Gordy's Motion to Suppress
(Doc. No. 28, “the Motion”). Through the Motion,
Defendant seeks to suppress all evidence obtained as fruits
of an execution of a search warrant of his home. Defendant
contends that the search warrant was invalid because on its
face, the warrant affidavit failed to establish probable
cause to search his home nor established the requisite nexus
to his home. Therefore, according to Defendant, the search
was in violation of his Fourth Amendment and Fourteenth
Amendment rights. The Government has responded and argues
that the warrant affidavit demonstrated both probable cause
and the requisite nexus to Defendant's residence. The
Government also asserted alternatively that the good-faith
exception applied. (Doc. No. 36). Defendant replied to the
Government's response. (Doc. No. 37). The parties'
arguments will be explored in turn.
8, 2017, AG and her mother, Michelle Gordy, met with
Lt. Darrell Taylor of the Macon County Sheriff's
Department. AG informed Lt. Taylor that Defendant, AG's
step-father, had sexually abused her (and her two older
sisters) for several years and that Defendant currently
resided at 4480 Gamaliel Road, Red Boiling Springs, Tennessee
in Macon County.
10, 2017, Lt. Taylor sought a search warrant to search
Defendant's home and any electronic devices found therein
for child pornography. (Doc. No. 28-1). Lt. Taylor submitted
an affidavit that made the following allegations to establish
1. I, Lt. Detective Darrell Taylor, have been a law
enforcement officer for 20 years. . . [and I] ha[ve] received
specialized training in the sell [sic] or
distribution of Child Pornography. . . .
2. On May 8th, 2017, [AG] D.O.B.[REDACTED] and Amy Michelle
Gordy (mother) reported to Lt. Detective Darrell Taylor that
her stepfather Steven Gordy had been sexually assaulting [AG]
and her sister's [sic] for the past 7 years.
3. I, Lt. Detective Darrell Taylor, was made aware that there
was unlawful recording of the children by Steven Gordy by
talking to [AG]. [AG] stated that Steven Gordy has recorded
and took pictures of the sex acts that he committed with the
her [sic] and her sisters [IG] D.O.B.[REDACTED] And
4. There has been forensic interviews with the 3 girls in
which they did disclose that sex acts had took place.
5. [AG] reported that Steven Gordy had been having sex with
her since she was 8 years old years old and they have been
living in Macon County for the last 4 years.
6. I, Lt. Detective Darrell Taylor did talk to a Detective
from Haywood County North Carolina that is also investigating
a sex crime that has took place in their state with the same
persons, due to the fact that Michelle Gordy had moved to
North Carolina and Steven Gordy coming to her residents
[sic] to see the girls.
7. After receiving information of the Sexual Acts and the
recording devices, and Steven Gordy's unusual activity
around the children, my training and experience in Law
Enforcement, along with training and experience with
investigating child sex abuse, child molestation, and
pedophilia; I, Lt. Detective Darrell Taylor, believe there is
probable cause that Steven Gordy was making and now possesses
illegal recordings the underage stepdaughter's
[sic]. I also have probable cause to believe there
are other recording devices, S.D. card, Media storage
devices, Laptops, Computers, Cellphones, and pictures located
inside of the home of Steven Gordy located at  Gamaliel
Road in Red Boiling Springs, TN. I believe Steven Gordy was
using his home cameras in order to obtain sexually explicit
images of a juvenile female for his own sexual gratification.
8. Affiant has also received training that many times child
sex abusers use their home and position as an authority
figure, parent, or family member to gain the trust of their
victims. Perpetrators lure their victims inside their way of
life and use many methods of operation to obtain a goal of
self-gratification which include but are not limited to:
covert cameras, surveillance equipment, and peep holes along
with the recording and trading of video and pictures with
other pedophilia addicted individuals.
9. I have conducted this investigation as a supervising
Detective of the Macon County Sheriff's Department, and I
am fully aware of the factual information ...