United States District Court, E.D. Wisconsin
DECISION AND ORDER
ADELMAN, District Judge
government charged defendant Davonte Amos with three armed
bank robberies, 18 U.S.C. § 2113(a) & (d), and three
corresponding violations of 18 U.S.C. § 924(c).
Defendant moved to suppress evidence seized from his
girlfriend's residence pursuant to a search warrant,
arguing that the warrant application failed to establish
probable cause that evidence of the robberies would be found
there. The magistrate judge handling pre-trial proceedings in
this case agreed that defendant had raised a legitimate
concern about the validity of the warrant but nevertheless
recommended that the motion to suppress be denied under the
good faith doctrine.
objects. My review is de novo. Fed. R. Crim. P. 59(b).
6, 2017, the government obtained a criminal complaint
alleging that defendant robbed the Wells Fargo Bank in West
Allis, WI on May 9, 2017, and the PyraMax Bank in West Allis,
WI on May 31, 2017. (R. 1; R. 37-1 ¶¶ 5, 15, 30.)
The court issued an arrest warrant that day, but defendant
was not immediately apprehended. (R. 37-1 ¶ 5.) On July
26, 2017, the Oostburg State Bank in Oostburg, WI, was robbed
by two men, believed to be defendant and Travis Oakley. (R.
37-1 ¶¶ 31, 45-46.)
August 1, 2017, FBI special agent Benjamin Hruz applied for a
warrant for a residence on West Lisbon Avenue in Milwaukee,
seeking permission to search for and seize defendant and any
evidence of the robberies on the premises. (R. 37-1 ¶
1.) Hruz averred that there was probable cause to believe
that defendant was then residing at the Lisbon residence.
(Id. ¶ 5.)
support of the request, Hruz detailed the evidence linking
defendant to the robberies. First, he averred that on May 9,
2017, an unmasked subject brandishing a black semiautomatic
handgun robbed a Wells Fargo branch in West Allis.
(Id. ¶ 7.) A bank employee, who was
not working at the time of the robbery, subsequently viewed a
photograph of the robbery suspect and immediately identified
him as defendant. (Id. ¶ 10.) Hruz also matched
a booking photo of defendant to a photo of the suspect
(id. ¶ 12) and confirmed, through cell site
records obtained pursuant to a court order, that
defendant's phone was in close proximity to the bank
around the time of the robbery (id. ¶ 15).
Hruz averred that on May 31, 2017, two subjects robbed a
PyraMax Bank branch in West Allis. (Id. ¶ 19.)
Law enforcement was able to identify a female who entered the
bank, acting suspiciously, just before the robbery, as Lonese
Riley. Riley subsequently admitted that defendant instructed
her to enter the bank to see how many people were there,
before he and the other man entered to commit the robbery.
(Id. ¶ 24.) A cooperating defendant also
supplied information regarding defendant's acquisition of
a gun and a wig for use in the robbery and the identity of
the second suspect. (Id. ¶ 25, 28.) This
cooperator also recognized defendant as the Wells Fargo
robber based on footage shown on television. (Id.
Hruz averred that on July 26, 2017, two men robbed the
Oostburg State Bank in Oostburg, WI. (Id. ¶ 31,
33.) Law enforcement located the vehicle used by the robbers
(id. ¶ 36), then obtained a search warrant for
a residence in Sheboygan, WI associated with the person who
rented that car, locating a notebook which appeared to
contain the same type of paper as the Oostburg robbery demand
note, as well as packaging for a pair of Nike flip flops like
those worn by one of the robbers (id. ¶ 39).
The person who rented the car stated that it had been taken
by Oakley and a man she identified as “KD.”
(Id. ¶ 41.) She further indicated that she had
heard about the robbery and was concerned that Oakley and KD
had committed the crime using her rental car. (Id.
¶ 41.) Another occupant of the Sheboygan residence
indicated that KD had been staying there, that he talked
about robbing a bank, and that he carried a black
semiautomatic handgun. (Id. ¶ 42.) Based on the
residents' descriptions and a photo, officers believed KD
was defendant. (Id. ¶ 43-44.) Officers arrested
Oakley on July 28, 2017, and he admitted that he went into
the bank with KD and identified KD as defendant from a photo.
(Id. ¶¶ 45-46.)
regarding the Lisbon residence, Hruz averred:
49. On the evening of July 28, 2017, law enforcement
surveilled Amos leave the residence located at 9xxx W. Lisbon
Avenue in Milwaukee, Wisconsin, and enter a 2015 Chrysler
200, gray in color, license plate 597YTK, operated by an
unidentified female driver. The car is registered to [M.H.]
50. Then, on July 31, 2017, around 11:30 a.m., Amos was
observed leaving the house and entering the passenger door of
the same Chrysler 200. Then, at 2:30 p.m. on July 31, 2017,
he was observed exiting the passenger seat of the Chrysler
and entering the front door of 9xxxx W. Lisbon Avenue in
Milwaukee. The Chrysler then departed the area.
51. According to Oakley, Amos' girlfriend resides at the
aforementioned residence ...