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United States v. Young

United States District Court, S.D. West Virginia, Charleston

January 24, 2018

UNITED STATES OF AMERICA
v.
DAVID WAYNE YOUNG

          MEMORANDUM OPINION AND ORDER

          John T. Copenhaver, Jr. United States District Judge

         This matter is before the court on the defendant's motion to suppress the fruits of a search warrant that has been the subject of an evidentiary hearing. The court makes the following findings of fact and the conclusions of the law reached thereon.

         On March 21, 2017, the mother of a 14-year old child came to the Boyd County Sheriff's Office near Ashland, Kentucky, and reported to Deputy Phillip Piercy that her daughter had been receiving inappropriate text messages. After discovering the text messages, the mother said that she had gone on the PlentyOfFish dating site, which is a chat room that describes itself as a dating app for singles to communicate with one another. There she engaged in text messaging with an individual who turned out to be the defendant, David Young. She did so under the user name, “lookingforlove0480.”

         The defendant had posted a profile on PlentyOfFish which showed his username as “DYashlandky.” His profile stated, among other matter, the following:

“Looking for more from life”
46, Ashland
Intent Wants to date but nothing serious

         On the previous evening, March 20, 2017, the defendant and the mother exchanged various text messages in which the defendant said he was looking for, “A friend to share each other, [1]” to which the mother replied, “As in a hook up friend or friend with benefits??? One night stands??? Would you be willing to pay for friendship??” The defendant responds, “Friends with benefits.” The defendant then asks her what she is looking for and she responds, “I'm not sure . . . so how young is to young for you???” He replies, “18, ” and asks, “How old is to old for you, ” and “Are you wanting to chat, ” the latter coming in at 11:00 p.m. She does not respond until 12:16 a.m. on March 21, 2017, asking, “Oh . . . you wouldn't see anyone younger if they didn't tell anyone;” following which he, at 2:15 a.m. and 2:31 a.m., asks her age and states, “I'm very interested in meeting you.”

         She does not respond until 8:59 a.m. stating, “I am interested in meeting and itsays 36 but I'm really only 15 . . . but I'm very mature and experienced for my age . . . and I won't tell if you don't.” He then promptly responds with seven text messages over the next fifty-two minutes, to which no reply is given, ending at 9:51 a.m. as follows:

Ok where do you live
Am interested
When do you want to meet
Are you still there
Are you still ...

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