United States District Court, D. Montana, Billings Division
OPINION & ORDER
P. WATTERS United States District Judge.
Desmond Dimetrius Hardesty is charged with Receipt and
Possession of Child Pornography. (Doc. 2). He has moved to
suppress evidence under the Fourth Amendment and Fifth
Amendment. (Doc. 19).
January 19, 2018, the Court held an evidentiary hearing. The
Court heard testimony from Montana State Probation and Parole
Officers Sean Daly and Josh Congleton. Having read and
reviewed the parties' submissions and having heard the
testimony of the witnesses noted above, the Court DENIES
Statement of Facts
January 2006, Judge Molloy sentenced Hardesty to 51 months of
imprisonment and three years of supervised release for
receipt and possession of child pornography. (See
CR-05-30-M-DWM, Doc. 28). In March 2007, Hardesty received 10
years suspended for felony Sexual Assault in Montana state
court for assaulting his minor daughter. (Doc. 23-1). The
state sentence contained 46 conditions and was ordered to run
consecutive to his federal sentence. (Id.). The
conditions, in relevant part, provided that:
1. The Defendant be placed under the supervision of the
Department of Corrections, subject to all rules and
regulations of the Adult Probation and Parole Bureau.
2. The Defendant will not own, possess, or be in control of
any firearms or deadly weapons, including black powder, as
defined by state or federal law. The Defendant will not
possess chemical agents such as O.C. spray.
3. Upon reasonable suspicion, as ascertained by the Probation
and Parole Officer, the Defendant's person, vehicle,
and/or residence may be searched at any time, day or night,
without a warrant by a Probation & Parole Officer, ISP
Officer or a Law Enforcement Officer (at the direction of the
Probation & Parole/ISP Officer). The Defendant may also
be searched at his place of employment.
. . .
24. The Defendant will enter and successfully complete sex
offender treatment with an MSOTA clinical member or associate
member with supervision, or equivalent, who is approved by
the State and the supervising officer and at his/her expense.
The Defendant shall abide by all treatment rules and
recommendations of his/her treatment provider.
. . .
33. The Defendant shall not have access to the Internet
without prior permission from his supervising officer and sex
offender therapist. If Internet access is allowed, the
Offender must allow the DOC to install rating control
software and conduct random searches of the hard drive for
pornography or other inappropriate material nor shall s/he
have on any computer s/he may own, any software that is
intended for data elimination, encryption or hiding data.
34. The Defendant will not access or have in their possession
or under their control any material that describes or depicts
human nudity, the exploitation of children, consensual sex
acts, non-consensual sex acts, sexual acts involving force or
violence, including but not limited to; computer programs,
computer links, photographs, drawings, video tapes, audio
tapes, magazines, books, literature, writings, etc., without
prior written approval of his supervising officer and
therapist. The Defendant will destroy or relinquish any such
material that he currently has in his possession[.]
. . .
37. The Defendant will not have a cell phone, or other such
technology/device, with photo, video, or Internet
capabilities allowed. If a cell phone is used, all bills and
records will be made available to the supervising officer.
federal sentence concluded in March 2012, and his state
supervision began. In addition to the above conditions, in
October 2012, he also agreed to the following relevant State
of Montana Probation and Parole Bureau conditions:
1. My residence must be approved by a Probation/Parole
Officer. I will not change my place of residence without
first obtaining written permission from a Probation/Parole
Officer. I will make my home open and available for Officer
to visit or search upon reasonable suspicion. I ...