Wesley Hadsell Arrested 21-22 March 2015

[wunderngwhy]

learning patience. that's for sure

Patience and delay achieve more than force and rage.
--Jean de La Fontaine

 

[Hoosgirl]

O.K. Seems to me that WH has been linked to AJ; he was last one to see her alive, as far as we know. Now, he is being linked to heroin, which killed AJ.

[AJ + WH + Heroin] + (- AJ) + (- Heroin) = WH + [abduction & murder.]
= WH abducted and murdered AJ[SUP]99[/SUP]*

---

Could the reason for not producing the affidavit supporting the search warrant be for witness protection? Where, even if witness name(s) were to be redacted, the identification of the informant (witness) would be so obvious as to make him a target to be done away with?[emoji14]ut em up:

It may be a little late to be asking this question, but: Has the actual search warrant itself (without the affidavit) been produced to defendant?
Just a wild stab ... and MOO.
:cow:


*No surprise I flunked Algebra.

There was a lot of activity this summer with the big heroin bust in Norfolk. Connection, maybe??

http://wavy.com/2015/08/10/more-outten-organization-members-plead-guilty-to-heroin-trafficking/

 

[Ontario Mom]

There was a lot of activity this summer with the big heroin bust in Norfolk. Connection, maybe??

http://wavy.com/2015/08/10/more-outten-organization-members-plead-guilty-to-heroin-trafficking/

Considering the scope of the Outten "organization", I'd say it would be a stretch to assume it's NOT connected, one way or another.

 

[arkansasmimi]

:cow::cow::cow::cow:
I think the reason it took so long for LE to search WH's phone (one of his phones!):stormingmad::furious:
is that they did not focus on it until they began interviewing witnesses who revealed information that could be corroborated by searching WH's phone.

I still maintain that WH did not voluntarily saunter on down to the police station to coffee klatsch :liar: :silly::coffeews::coffeews:with them about AJ's disappearance.:liar: He was arrested and taken into custody at his motel room, in the wee hours of the morning, on Sat., 03/21/2015. [If I am wrong about any of this, I stand to be corrected.] He has remained in custody since that day.

When he was arrested, I'm sure he took his phone with him. It was taken away from WH when LE checked him in at the PD, and was part of his "property" which LE inventoried, along with whatever else they got off of him (some of the credit card pieces, I believe). Since WH wasn't being released on bond, or otherwise set free, the phone wasn't going anywhere either. There was no hurry on getting a search warrant for WH's phone. They could always get around to that after they had their other ducks in a row. :hen: :rubberducky: :chicken:

It was good that he went nowhere after he was arrested. All of that evidence on his phone would have been gone! (I think?)

(All above is Just My opinion:thinking

I could see the possibility of WH going to the NPD on March 20, from the interview with the reporter, he appeared to be looking for WH, and then found him at the NPD. From the arrest docs, that we have https://drive.google.com/file/d/0B6QHkjbC3op6UWJyTDVrdnJfSzg/view?pli=1 Thanks to Vail, each is time stamped and corresponds with what WH said in the interview. An article I read few days back and posted link to says that the witnesses in the obstruction charges told the Investigators the truth on same day March 20. IIRC, WH said he went or got call at 9 am and went up to the NPD.

And also the Federal Suit states that the Affidavit for a search warrant for the hotel room was submitted on March 20, 2015 at 4:58 pm, but appears was not executed until after midnight March 21, 2015.

Case 2:15-cr-00116-AWA-RJK Document 18 Filed 10/07/15 Page 1 of 9 PageID# 93 IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
UNITED STATES OF AMERICA, )
)
v. ) Criminal No. 2:15cr116
) Hon. Arenda Wright Allen
WESLEY PAUL HADSELL, )
)
Defendants. )
DEFENDANT’S MOTION TO SUPPRESS
Defendant Wesley Paul Hadsell (“Mr. Hadsell&#8221, by counsel, pursuant to Rule 12(b)(3)(c) of the Federal Rules of Criminal Procedure and the Fourth Amendment to the Constitution of the United States, moves this Court to enter an order suppressing from evidence at the trial of this matter all evidence obtained from Mr. Hadsell’s hotel room on or about March 20, 2015. In support of this motion, defendant submits the following:
BACKGROUND
On March 20, 2015 at 4:58 p.m., Investigator R.A. Stocks of the Norfolk Police Department’s Vice and Narcotics unit, submitted an affidavit for a search warrant to search room 129 of America’s Best Inn located at 1850 E. Little Creek Road in Norfolk, Virginia in an effort to find evidence related to an abduction offense. Subsequent to the magistrate approving/signing the search warrant, police conducted a search of the hotel room where Mr. Hadsell had been staying. While conducting the search, the officers also seized, amongst some additional items, ammunition.
Mr. Hadsell was subsequently arrested on a Criminal Complaint on September 9, 2015 and charged with felon in possession of ammunition in violation of 18 U.S.C. § 922(g). At a

Source: Federal Case Criminal No. 2:15cr116 that I saw using PACER account.


Seem reasonable, but JMHO

 

[Mountain_Kat]

Do we know for a fact that Wes voluntarily turned over his phone? Isn't it just as likely that it was seized by LE when he went in for the interview?

 

[Ontario Mom]

Do we know for a fact that Wes voluntarily turned over his phone? Isn't it just as likely that it was seized by LE when he went in for the interview?

Good question. The legal papers say "an Apple iPhone 6 which was recovered from the person of Mr. Hadsell
on or about March 20, 2015 at the Norfolk Police Operations Center on East Virginia Beach
Boulevard in the City of Norfolk, Virginia."

Wes says he handed it over voluntarily. He says a lot of things...

 

[Vail]

http://wtkr.com/2015/06/30/wesley-h...-ajs-death-we-are-a-family-that-has-imploded/

“So if they were to track your GPS would they find that you were near that home?”

“No. I gave them my phone voluntarily, too so I don`t know where that home was in relation to where I worked. I have no clue on that. I worked in Franklin County in the township. I don`t know where the home is in relation to where I worked at," says Wesley.

This is a good time to give the jailhouse interview a rewatch/read:

http://wavy.com/2015/03/23/video-jailhouse-interview-with-wesley-hadsell/

Luckyseven Transcript: https://docs.google.com/document/d/1rlzlm0OJRVKexflTwtM5BrIhw1UFKLnc4-HaDdtSyGM/edit?usp=sharing

JF: Okay so last night they searched your apartment at what time?

WH: I don’t know, I was in police custody. Well I wasn’t in custody, I went to the police station voluntarily at 9 o’clock in the morning to answer some questions and... they asked questions I didn’t... I couldn’t really answer. They asked questions that I didn’t have the answer for.

JF: Like what questions?

WH: Like meeting at the gas station. They said there was no video of us meeting there. Uh, and they said that the cell phone was pinging around my hotel… they said it was in my room. On my bed, next to me. This is what they said.. now, I don’t know what… you know, they say things...

[...]


JF: Those items over there... I mean, is it possible that they could have just been tossed and she got taken down to North Carolina? Is that possible?

WH: Anything’s possible. I mean, it might not be her stuff. Allegedly someone called in about a tip beforehand and that information was never verified. That person did not get a call back. The person reached me through ulterior motive… uh, a different avenue... and the cops were very pissed because I had a secondary cell phone. They think I have something to hide, but I’ve also, at the same time, conducted my own stuff for this.. I have asked questions, I've talked with people, I've gained information and... my whole disposition on this from the beginning, I told the police was that if I found out who was responsible I'd deal with it in my own way. I don't think I have shied from that one bit.

[...]

WH: No. I talked to my wife this morning cos I got a one minute phone call and that’s all you get until they load your card or whatnot. I talked to my wife for a minute - and it wasn’t even that - this morning at 3 o'clock. She was groggy, you know, half asleep cos she actually did get some sleep. I haven't been able to talk to her really, and uh I just talked to my mom a little bit ago and just advised her that I was under arrest and being held in the jail. She had to know that, she just hadn't heard from me and that's uncharacteristic of me aswell. You know. I mean, you found me because I didn't answer the phone... you decided to...

JF: … look online.

WH: *laughs* [unintelligible] Yeah but they, uh, apparently found 72 bullets in my hotel room and I have video on my phone of my daughter - we used to go shooting all the time. No not all the time but on multiple occasions. I was trying to show her how to use a gun. You know, because I'm a felon I shouldn't have bullets but uh...

 

[Mountain_Kat]

Good question. The legal papers say "an Apple iPhone 6 which was recovered from the person of Mr. Hadsell
on or about March 20, 2015 at the Norfolk Police Operations Center on East Virginia Beach
Boulevard in the City of Norfolk, Virginia."

Wes says he handed it over voluntarily. He says a lot of things...

Yes he certainly does. Interesting that in the legal papers the wording says the phone was "recovered" from his person. That leads me to believe they had a warrant for the phone. But what do I know? Maybe Wes did just say, "Hey guys? Here's my phone, if you want it. No no... please, take it."

 

[Ontario Mom]

Yes he certainly does. Interesting that in the legal papers the wording says the phone was "recovered" from his person. That leads me to believe they had a warrant for the phone. But what do I know? Maybe Wes did just say, "Hey guys? Here's my phone, if you want it. No no... please, take it."

You know, I bet that's *exactly* how that conversation went. I don't know how it's done there, but it's kind of a big deal here, when it comes to phones. I had the interesting experience a few months back of having to deal with LE and a phone (long, boring story, really) and before they ever *touched* my phone, I had to sign a release full of all kinds of disclaimers about pretty much everything under the sun, from damage, to illegal data, to legal consent, blah blah blah. It was a rather comprehensive consent form. I had no issues, since I'm not an ex-felon currently engaging in gun-play and cocaine consumption.

If they do the phone thing the same way in VA, I have a real hard time believing ole WH would just hand it over, knowing it would be entirely likely LE might find some incriminating stuff on it when their forensics people went over it.

 

[CookieM]

Yes he certainly does. Interesting that in the legal papers the wording says the phone was "recovered" from his person. That leads me to believe they had a warrant for the phone. But what do I know? Maybe Wes did just say, "Hey guys? Here's my phone, if you want it. No no... please, take it."

I'll bet they did have a warrant for the phone, and he "handed it over willingly" because that's what people do when they are presented with that situation.

BUT am I crazy, or didn't Wes ramble at one point about the cops being annoyed with him because he had a second phone, on which he had received the tips about the clothing strewn alongside the road? I was under the impression that this "second phone" had not been given to LE. As if it had disappeared (never to be found) kind of like the handgun he mentioned the cops never finding -- which they haven't I guess.

 

[alexwood]

I'll bet they did have a warrant for the phone, and he "handed it over willingly" because that's what people do when they are presented with that situation.

BUT am I crazy, or didn't Wes ramble at one point about the cops being annoyed with him because he had a second phone, on which he had received the tips about the clothing strewn alongside the road? I was under the impression that this "second phone" had not been given to LE. As if it had disappeared (never to be found) kind of like the handgun he mentioned the cops never finding -- which they haven't I guess.

You're right, Cookie, about the second phone. He got rid of it, but we don't know how. Very good point you brought out about the handgun and the phone both disappearing "mysteriously," but yet WH revealed that he had previously been in possession of both. That would definitely irk LE, in my opinion.

As far as WH's "second phone", I figure that it was one those phones called a "burner phone" (disposable). The kind that you can buy "off the rack" at many places like Wal-Mart, convenience stores, drug and grocery stores. You can buy extra minutes, or just toss it and buy another. I don't really know what the deal is with them -- but I'd like to find out. I'm sure there are many on the board who are up on exactly how they work.

And, yes, or -- no, you are not crazy [Just a little :cuckoo: maybe ...] -- WH did ramble on about his "second (secret) phone", and how LE didn't find out about it (I don't think) until WH had very neatly gotten rid of it. And that made them mad, I'm sure. Why didn't he get rid of both phones? I guess because he figured they'd never know he had the second one, so nothing suspicious there -- but if he got rid of his primary cell phone, that would be highly suspect. I bet THAT second phone had some data that would implicate him without a doubt. Seems he probably used it for calls where he wanted to be "anonymous", sort of like not leaving a paper trail. But if LE had been able to get hold of it, I think WH would be surprised what could be recovered from it and used against him.

I would love to know how these phones that you can buy "off the rack" work. For instance, if someone pays cash for it, how does the company keep track of who bought them? Do you have to register by calling some 800 number from your "primary" cell phone or home phone before you can activate it?

See, the thing is, there are just way too many stealth actions that WH took, in my opinion, for him to be the "choir boy" in this case. He has been way too involved from the very beginning in manipulating everything having to do with AJ's "disappearance" to be blameless. And I don't buy the B&E story about wanting to rescue AJ from the neighbor kid's klutches. He has fabricated too much, in my opinion, and for what purpose? The only one I can think of is to impede the investigation by muddling the facts and evidence to avoid prosecution.

 

[Ontario Mom]

As far as WH's "second phone", I figure that it was one those phones called a "burner phone" (disposable). The kind that you can buy "off the rack" at many places like Wal-Mart, convenience stores, drug and grocery stores. You can buy extra minutes, or just toss it and buy another. I don't really know what the deal is with them -- but I'd like to find out. I'm sure there are many on the board who are up on exactly how they work.

I would love to know how these phones that you can buy "off the rack" work. For instance, if someone pays cash for it, how does the company keep track of who bought them? Do you have to register by calling some 800 number from your "primary" cell phone or home phone before you can activate it?

About these kinds of phones. In most cases they're older generation phones, from what's currently popular. You can get them at any grocery store, convenience store, etc. for as cheap as $25. I know, because I just bought two of them (temporary replacement phones for two of my teens). If you don't already have a plan with a carrier, you buy the pay-as-you-go minutes from the same carrier as the phone. If you DO already have a plan, you can just toss the new sim card that comes with the phone and put yours in (from your old or broken phone - or go get a new one from your carrier if your phone was lost or stolen), and off you go.

I suppose most people buying these phones are not using their main carrier. Most are just paying cash for the phone, buying the pay-as-you-go minutes and using it for illegal purposes. Unless you login to your google account or any SM accounts (which will identify you as the user & pull in all your google & social related stuffs) it's pretty much anonymous as to who actually owns the phone. You can even name your phone anything you want, such as "This Is Not Wes' Drug Phone". However, all your contacts, images & location data will be recorded on the sim card, so if LE does ever get ahold of the phone, they'd know that phone was routinely in contact with certain people, and where good ole Wes' phone was (physical location), on a regular basis.

So let's say, just for kicks, WH did actually have a second phone but he never used it for logging into social media, google or anything that could actually identify the phone (or the primary user at best) as being his. It would however still contain:

All incoming and outgoing numbers of texts and calls (which would include all family/friends/associates that had that number or that he ever called/texted)
All images received, taken or downloaded
Physical locations every time that phone bounced off a tower (such as, Millard St. E. Little Creek, out in Franklin and anywhere else he was on a regular basis, such as wherever he went to buy his cocaine he's admitted to using)

That's more than enough to be damning to him, if LE got ahold of it and had their forensics IT person run the sim card.

 

[sallye818]

I would love to have one of Wes' "friends" speak up and tell LE where his "hidey holes" are...we have quite a few things missing from him, a gun, at least one phone, possibly some of AJ's possessions, and, oh, of course, the TRUTH!

 

[Happyshoes]

What if he threw that burner phone in the water somewhere? Along with the gun? When was that picture of him on SM showing him fishing somewhere with a quip about it? There may be some truth (to a degree) in that photo. Or it could be complete bs. I can't help but go with my gut theory which was that WH was obsessed with AJ - the picture of her graduation or whatever that was still haunts me -everyone can write it off if they want; no worries. But I also think he had a lot of pix of her at the gun range. I can picture him now showing her how to hold the gun. Could LE possibly know if her phone was on the bed beside him in that motel room, at least on that date 3/20? I can't remember when they found her phone at the moment. At that property with the pond, right? Grrrrrrr!!!

 

[CookieM]

What if he threw that burner phone in the water somewhere? Along with the gun? When was that picture of him on SM showing him fishing somewhere with a quip about it? There may be some truth (to a degree) in that photo. Or it could be complete bs. I can't help but go with my gut theory which was that WH was obsessed with AJ - the picture of her graduation or whatever that was still haunts me -everyone can write it off if they want; no worries. But I also think he had a lot of pix of her at the gun range. I can picture him now showing her how to hold the gun. Could LE possibly know if her phone was on the bed beside him in that motel room, at least on that date 3/20? I can't remember when they found her phone at the moment. At that property with the pond, right? Grrrrrrr!!!

Wait! They found her phone? I thought they were just looking for her phone based on some sort of tip.
If they did find her phone, it surely would have had a lot of telling info on it!

 

[DexterMorgan]

I don't think they found her phone. I think they just had her pings and whatever information they got from the carrier. Like incoming and outgoing calls etc. But idk.

 

[arkansasmimi]

Just thinking out loud.. Wonder who all had the number to WH 2nd alleged phone? To allegedly get tips would mean SOMEONE else had the number correct?

JMO I think the LEO were doing part of their interrogation stuff telling him the phone pinged on bed next to him. Pings are only good for certain period of time and within a certain area. NOW GPS on the iPhone is different (or how I understand various reading). I haven't heard that they had AJ phone, but possible I missed that. So many conflicting accounts on text/calls from AJ phone as in time frame, and the time frame of when she was reported missing, iirc 9 pm at night, possibly a lot of valuable information lost. Did anyone ever hear exactly what kind of cellphone AJ had? Seems like at onetime that wasnt being released. I could be mistaken.

On WH phone, I was understanding the Fed Document to say they did have a search warrant for WH cellphone, but were not being provided with the Affidavit that was used to get the actual Search Warrant. That Affidavit would have to give the probable cause of why to search it. For some reason (as of filing entered 10/14/2015, NPD isnt releasing the Affidavit and has it under seal).

We see that they were looking at possible Abduction back on March 20 (makes sense) and his background also makes sense to be looked at, would be irresponsible not to. Could also be motive if someone wanted to set WH up. Someone who knows a lot about WH, past and present. Knows what it would take to provoke certain actions. JMHO, there are more who know things than have came forward at least publicly. And they may have good reason. Just from the outside looking in, I never got the gut feeling that anyone was in fear of WH, at least the ones that are assumed to be in the close circle or have spoken out about WH.

 

[arkansasmimi]

March 3/5 - 3/8 date of alleged Obstruction/Impede the investigation (arrests made March 21, 2015)
March 11 - March 20th WH was under surveillance per the Fed document.

March 11 was a Wed what happened this date to start NPD Surveillence? possibly the new detective day or so prior? Also, unknown time that surveillence started, could be in relation to the Tip rec'd in ref to Northside Park
March 12 - 12:30 am LEO rec'd tip Northside Park on Tidewater, nothing found
March 13- Family and Friends search
March 14 - St Patrick Day Parade
March 15 - WH throws party for JC, AJ boyfriend and WH does interview with Chelsea H over the phone
March 18 WH posted a pic on his fb that he went fishing. timestamp 10:52pm (with face cover, but also remb the weather @ time)

March 19 (Thurs)

5 pm

Family and friends of Hadsell tell 10 On Your Side they started searching the area around 5 p.m. March 19 after they got a tip about clothing on the side of the road. They say they found at least four items they believe belong to Hadsell and notified police.
http://wavy.com/2015/03/21/crews-search-for-missing-teen-anjelica-hadsell-in-chesapeake/

6:20 pm

The Chesapeake Police Department also confirms they were called on March 19 at 6:20 p.m. to assist Norfolk officers on the scene.

March 20 Friday
9am per WH he is asked to go to the NPD (from his interview with Joe F at WAVY)

Time unknown, but Friday morning

A person working in the area who did not want their workplace identified tells 10 On Your Side detectives with the Norfolk Police Department were back in the area Friday morning and requested surveillance video from the business.http://wavy.com/2015/03/21/crews-search-for-missing-teen-anjelica-hadsell-in-chesapeake/

Time Unknown, Witnesses are speak to LEO,

The witness said he did not tell police the whole story about the jacket until March 20. They arrested Hadsell the next day and charged him with four counts of obstructing justice, one charge of possessing ammunition after a felony and one charge of breaking and entering. He was also charged with animal cruelty after allegedly hitting a dog during the break-in.

4:58 pm Affidavit for Search Warrant submitted per Fed Doc Defendants Motion to Suppress filed 10/7/2015

On March 20, 2015 at 4:58 p.m., Investigator R.A. Stocks of the Norfolk Police Department’s Vice and Narcotics unit, submitted an affidavit for a search warrant to search room 129 of America’s Best Inn located at 1850 E. Little Creek Road in Norfolk, Virginia in an effort to find evidence related to an abduction offense. Subsequent to the magistrate approving/signing the search warrant, police conducted a search of the hotel room where Mr. Hadsell had been staying. While conducting the search, the officers also seized, amongst some additional items, ammunition

7:30 - 11pm

The search continued Friday night around 7:30 p.m, according to a neighbor who wished to remain anonymous. Detectives with the Norfolk Police Department and a forensics team combed the area in the dark wearing knee-high rain boots.

Forensics teams collected evidence in brown paper bags and stopped at times to take photographs. Detectives on scene confirmed undercover officials were involved in the search.

More than a dozen law enforcement officers were on scene until 11 p.m., says one neighbor.http://wavy.com/2015/03/21/crews-search-for-missing-teen-anjelica-hadsell-in-chesapeake/

March 21 Saturday -
12:43 am Obstruction warrant issued, served 12:50 am
12:44 am Obstruction warrant issued, served 12:50 am
12:45 am Obstruction warrant issued, served 12:50 am
12:48 am Obstruction warrant issued, served 12:50 am
12:49 am Ammo warrant issued, served 12:50 am
12:51 am B&E warrant issued, served 12:55 am

1:00 am Commitment order signed by Magistrate *** page 1/3...
2:42 am Commitment order rec'd by Deputy White page 1/3...

CHARGE ADDENDUM (Commitment Order checked) Ammo and B&E page 3/3 https://drive.google.com/file/d/0B6QHkjbC3op6UWJyTDVrdnJfSzg/view?pli=1


Charge Addendum ** this is what continues to make me feel the B&E is important for the ammo charges to stick. It all revolves around that and the Obstruction charges. Per Media and Doc, that is where they got the info on the ammo being in the hotel room. Which also most likely has to do with the sealed Affidavit for the Cellphone Search Warrant. WH iPhone had the video of shooting range. I wonder if it was video of WH shooting, AJ shooting or WH showing AJ how to shoot, meaning someone else holding phone videoing. That video is used to call gun range and get the documentation of WH and AJ being there that date. But how did LEO know to look on phone for that? (to get the search warrant I mean) WH didnt say anything about that until after he was arrested on March 21st, correct? Did he say anything about that prior to the Joe F interview from jail? (Honestly cant remember)

JMHO

 

[arkansasmimi]

Again, if you read the ARGUMENT, and keep in mind the Obstruction charges and when the Witnesses spoke to LEO, and who told what would allegedly be in the hotel room and where... ALSO, in CH interview which was March 15, she stated that she got the impression that WH and JH were not separated. So was it only after WH was arrested that the general public found out WH was living at the hotel?

 

[arkansasmimi]

ARGUMENT
The evidence obtained from the search should be excluded because the warrant was not issued upon probable cause, and thus the evidence was illegally obtained.
Mr. Hadsell was renting room 129 at America’s Best Inn located at 1850 E. Little Creek Road in Norfolk, Virginia and was living there when it was searched and items were seized. Thus, Mr. Hadsell has standing because he had a reasonable expectation of privacy in the area searched and items seized by law enforcement, and society recognizes one’s hotel room as having a reasonable expectation of privacy. See Katz v United States, 389 U.S 347 (1967).
Even given the totality of the circumstance, the affidavit upon which the search warrant relied lacks probable cause that the items to be seized will be found in the place to be searched. First, the affidavit lacks probable cause because it relies on Mr. Hadsell’s alleged criminal history as a reason to believe that evidence of a current, separate crime would be found in his hotel room. In United States v. Powell, the Court of Appeals for the Fourth Circuit found that officers’ knowledge of a prior record alone was not sufficient for reasonable suspicion. United States v. Powell, 666 F.3d 180, 188 (4th Cir. 2011); see also, e.g., United States v. Davis, 94 F.3d 1465, 1469 (10th Cir.1996) (finding that defendant’s prior criminal record “is not, standing alone, sufficient to create reasonable suspicion.&#8221. Thus, Mr. Hadsell’s alleged prior record does not even amount to reasonable suspicion, let alone probable cause, that items to be seized would be found in his hotel.
Secondly, the affidavit lacks probable cause because it relies on Mr. Hadsell’s “erratic” driving and “attempting to determine if surveillance was being conducted” as reasons to believe that evidence of an abduction would be found in his hotel room. In United States v. Massenburg,