United States District Court, E.D. Wisconsin
Stadtmueller U.S. District Judge.
Michael E. Nagel (“Nagel”), filed a motion
seeking the return of certain property seized by the U.S.
Probation Office in June 2017. (Docket #143). The Court
referred the motion to Magistrate Judge William E. Duffin for
a report and recommendation. On April 6, 2018, Magistrate
Duffin filed an initial report and afforded Nagel an
opportunity to request a hearing on the motion. (Docket
#145). Nagel did not timely do so, and thus Magistrate Duffin
issued his final report and recommendation on April 26, 2018.
(Docket #148). Nagel filed objections to the report and
recommendation. (Docket #148, #149). For the reasons stated
below, the Court overrules those objections and adopts
Magistrate Duffin's report and recommendation in full.
was convicted in this district of using a computer to induce
a child to engage in sexual activity, in violation of 18
U.S.C. § 2422(b). (Docket #60). According to his plea
agreement, in 2007 Nagel met a person in a Yahoo! chatroom
who identified herself as a 14-year-old from Milwaukee.
(Docket #41). Nagel engaged in sexually explicit chats with
her and traveled from his home in Illinois to Milwaukee in
July 2007 with the expectation of having a sexual encounter
with her. Id. He was sentenced to 120 months'
imprisonment to be followed by five years of supervised
release. (Docket #60).
Court imposed several conditions of supervised release,
including that Nagel participate in sex offender mental
health treatment. Id. at 4. Additionally, the Court
imposed the following conditions:
14. The defendant shall not possess any sexually explicit or
nudist visual material involving minors, or persons who
appear to be minors, or any test [sic] material describing
sex with minors, nor shall he knowingly patronize any place
where such material is available or use any electronic
equipment, including a computer, where such material can be
accessed, obtained or viewed.
15. The defendant shall not possess any materials depicting
sexually explicit conduct nor enter any establishment or use
any electronic equipment, including a computer, where
materials depicting sexually explicit conduct can be obtained
Id. at 4. The Court subsequently added as a further
The defendant shall. . .submit at any time with or without a
warrant, to a search of [his] person and any property, house,
residence, vehicle, papers, computer, other electronic
communication or data storage devices or media, and effect,
by any law enforcement or probation officer having reasonable
suspicion concerning a violation of a condition of supervised
release or unlawful conduct by [him], and by any probation
officer in the lawful discharge of the officer's
supervision functions. . . .
(Docket #137 at 1).
in part upon indications that Nagel was untruthful during
polygraph examinations, officers from the United States
Probation Office in the Northern District of Illinois, where
Nagel now resides following his release from prison, searched
his home on June 2, 2017. According to receipts prepared by
officers of the United States Probation Office, officers
seized the following property (identified by the Office's
C-1 Green spiral Mead 5-Star notebooks 1 w/ night school on
front, one w/ nothing on front [illegible] containing
websites, one w/ user names & phone numbers of females
C-2 Small green pocket notebook w/ names & ages of what
appear to be females
C-3 Brown box containing VHS tapes, red folder w/
correspondence pics & handwritten notes, property receipt
from FBI, rechargeable phone cards, Kodak camera disc,
charger cord, USB cord, planner (blk) w/ handwritten notes, 1
disc in single case, 4L disc in case, box ...