Commonwealth of Kentucky v. Kevin R. Master
CourtCourt of Appeals of Kentucky
Date FiledAugust 21, 2026
Docket2025-CA-0899
JudgeEckerle
StatusPublished
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Full Opinion
RENDERED: AUGUST 21, 2026; 10:00 A.M.
TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2025-CA-0899-MR
COMMONWEALTH OF KENTUCKY APPELLANT
APPEAL FROM KENTON CIRCUIT COURT
v. HONORABLE KATHLEEN LAPE, JUDGE
ACTION NO. 19-CR-01762
KEVIN R. MASTER APPELLEE
OPINION
REVERSING
** ** ** ** **
BEFORE: CALDWELL, ECKERLE, AND TAYLOR, JUDGES.
ECKERLE, JUDGE: Appellant, the Commonwealth of Kentucky (“the
Commonwealth”), seeks review of the Kenton Circuit Court’s Order suppressing
evidence seized pursuant to a search warrant issued for the residence of Appellee,
Kevin R. Master (“Master”). We review this issue for a second time, the Kentucky
Supreme Court having affirmed our prior decision vacating the Circuit Court’s
initial ruling to admit the evidence and remanding the matter for an evidentiary
hearing on the good-faith exception to the exclusionary rule. Finding no barrier to
application of the good-faith exception after consideration of the record and
hearing oral arguments by the parties, we reverse the Circuit Court’s Order.
Factual and Procedural Background
This case began when United States Customs and Border Patrol
(“Customs”) intercepted a package addressed to Master that originated from China,
containing a sex doll with the physical proportions and anatomical features of a
child. After identifying the suspicious package, federal authorities referred the
case for investigation by the Kentucky State Police. Given the previous appeal of
this case, we note that the procedural history is discussed in significant detail in the
Kentucky Supreme Court’s opinion, which we will restate in part as follows:
On October 8, 2019, Det. Gatson swore out his
application and affidavit to the district court in Kenton
County. It states,
Affiant [i.e., Gatson] has been employed
with the Kentucky State Police for 25 years.
Affiant is assigned to the ICAC [Internet
Crimes Against Children] Task Force and is
specially trained in offenses involving the
abuse and exploitation of children, including
but not limited to child pornography and
child sexual abuse. Based upon Affiant’s
training and experience, Affiant believes any
person who orders a child sex doll from
China has gone to great lengths to achieve
sexual gratification for a sexual attraction to
children. Affiant believes anyone who
orders a child sex doll is also likely to be
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downloading, viewing, sharing, and/or
manufacturing child pornography. Affiant
knows child pornography to be readily
available via the internet from the same
types of illicit websites that sell child sex
dolls. Affiant also knows computers, smart
phones, and other electronic devises [sic]
often contain the illicit images even after
being “deleted” by the user. Affiant also
knows people who look at child
pornography often store collections of the
matter for future use.
Based upon all of the above, Affiant
requests that the search warrant be issued to
search [Kevin Master’s residence] in order
to further Affiant’s continuing investigation.
The search warrant was approved, and a search of
Master’s seized electronic devices revealed child
pornography predicating the charges described above.
On July 27, 2020, after an indictment had been obtained
and the case brought within the Circuit Court, Master
filed a motion to suppress.
In an Order dated October 22, 2020, the trial court
detailed that Master argued insufficient probable cause
for the warrant based on the lack of a nexus to criminal
activity. In other words, the affidavit listed electronic
devices to search for criminal activity related to child
pornography, based solely on the alleged purchase by
Master of a child-like sex doll—the possession of which
was not criminalized by any Kentucky or federal statute
at the time. The trial court denied the motion, employing
the test that the Fourth Amendment and Section 10 of
Kentucky’s constitution are satisfied when, under the
totality of circumstances, the four-corners of the affidavit
demonstrate a substantial basis to believe that probable
cause exists the criminal activity alleged is being
committed.
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The trial court concluded,
the affiant states that he is an experienced
police officer who has trained in and worked
on internet crimes involving child
pornography. Based on his experience,
Chinese web sites that sell the type of child
sex doll purchased and received by
Defendant also contain child pornography.
He also attests that, in his experience, a
person who goes through the lengths that
Defendant went through to obtain such a
prepubescent sex doll from China does so
for sexual gratification for a sexual
attraction to children and has likely
downloaded, viewed, shared, and/or
manufactured child pornography.
This court finds that the affidavit established
a substantial basis for a reasonable belief by
the warrant-issuing judge that because
Defendant, Kevin Master, ordered and
received a prepubescent sex doll designed
for sexual gratification from China, likely
through a web site containing child
pornography, there is a fair probability that
he downloaded, viewed, shared and/or
manufactured child pornography and
evidence of same would likely be found in
his home and/or on his electronic devices.
Commonwealth v. Master, 706 S.W.3d 140, 144-45 (Ky. 2024).
After the Circuit Court denied Master’s motion to suppress, it allowed
him to enter a conditional guilty plea on 20 counts of possession of matter
portraying a sexual performance by a minor, with the benefit of being allowed to
appeal the suppression issue. Master received a sentence of ten years in prison as a
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result of his guilty plea. On appeal, another panel of this Court vacated the Circuit
Court’s denial of suppression, finding that Gatson’s investigation failed to establish
a sufficient nexus between the ordering of a child sex doll, which was not
criminally prohibited at the time, and the probability that “child pornography”
would be found at Master’s residence. Id. at 146-47. However, this Court also
found that the Circuit Court had not previously allowed arguments on the “good-
faith exception,” described in United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405,
82 L. Ed. 2d 677 (1984), and remanded for further proceedings to address whether
applicability of the exception would bar suppression of evidence. See Master v.
Commonwealth, No. 2021-CA-0925-MR, WL 446897, *6-8 (Ky. App. Jan. 27,
2023).
The Commonwealth then sought discretionary review from the
Kentucky Supreme Court. In a split decision, that Court affirmed our holding and
remanded the case, as did we, for the Circuit Court to conduct a hearing on
whether the good-faith exception should apply to bar suppression of the evidence.
Although the three dissenting Justices disagreed with the majority’s determination
that the warrant lacked probable cause, all concurred with that Court’s affirmation
of this Court’s holding remanding the case for a ruling on whether the good-faith
exception would apply to bar suppression. Master, 706 S.W.3d at 144-45.
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On remand, the Supreme Court instructed that the Trial Court must
consider Gatson’s actions in the context of another case involving a child sex doll
that Gatson had worked at the time that he had sought the search warrant for
Master’s residence. Id. at 153-54. This related case was before the Kenton Circuit
Court in Case No. 18-CR-01315 and the Kenton District Court in Case No. 18-F-
01698, Commonwealth of Kentucky v. Scott Lee Phillips. As the Supreme Court’s
opinion noted, any determination regarding the application of the good-faith
exception in this case must include a fact-based inquiry into the state of the
Phillips prosecution at the time that Gatson conducted the investigation into the
package seized in the case sub judice. Accordingly, much of the evidence
provided to the Circuit Court on remand consists of material related to the
proceedings in the Phillips matter between 2018 and 2020.
The Phillips case began in 2018 in the same manner as the case at bar,
with Customs intercepting a suspicious package from China, addressed to Scott
Phillips in Kenton County. Customs suspected, and confirmed, Phillips’s package
to contain a child-sized sex doll. Record (“R.”) at 427. Because the package was
ultimately addressed for delivery in Kentucky, federal authorities alerted Gatson at
ICAC. At the evidentiary hearing conducted after the Supreme Court’s remand in
Master, Gatson testified that he and the local Commonwealth Attorney’s Office
believed the Phillips doll to be illegal under the Kentucky law criminalizing the
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possession of matter portraying a minor in a sexual performance. Proceeding
under that theory, Gatson sought a warrant to conduct a controlled delivery of the
package to Phillips’s residence. R. at 391-92. Gatson postulated that a successful
delivery would allow a search of the residence once Phillips took possession of the
doll. Accordingly, he requested the following:
Upon occupant of said residence taking receipt of the
package containing the child sex doll, and after a
reasonable period of time, the Affiant and other members
of law enforcement anticipate executing a search warrant
at the above listed residence to recover the said package
containing the child sex doll and to search for any
electronic devices capable of searching for and
purchasing child sex dolls online, and any paper or other
documentation regarding the search for and purchase of
this and/or any other child sex doll. The Affiant requests
this search warrant be issued to the address with the
execution dependent only upon the stated circumstances.
The search warrant will not be executed unless the
controlled delivery takes place.
Based on the above stated facts, the Affiant believes that
Scott Phillips . . . is involved in the online purchase and
subsequent possession of matter portraying a sexual
performance by a minor. Evidence recovered from the
above-described residence will enable officers to further
investigate Scott Phillips and the online purchase of the
child sex doll, as information regarding the purchase
could help confirm the identities of the individuals
involved in the transaction. The Affiant therefore
believes the items listed in this Affidavit are currently at
the location for which the warrant is sought.
Id. (emphasis in original). The District Court Judge reviewed Gatson’s affidavit
and issued a search warrant for a variety of electronic devices and electronic
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storage devices containing information “related to the online search for and
purchase of items,” any documentation related to online purchases or deliveries to
the residence, and any financial documents containing information regarding the
purchase of items from online sellers. R. at 394. Gatson executed the warrant on
September 19, 2018, and conducted the search as planned. R. at 395. During the
search, officers located additional sex dolls, marijuana, and drug paraphernalia. Id.
Gatson arrested Phillips on one count of possessing a matter portraying sexual
performance by a minor. R. at 396.
On September 19, 2018, the Kenton District Court held a preliminary
hearing, at which Gatson testified as the only witness. At the completion of his
testimony, Phillips moved for a dismissal of the charges due to lack of probable
cause. On September 27, 2018, the District Court issued an order dismissing the
felony charges against Phillips. R. at 397. In that order, the District Court
provided a clear, detailed analysis of Kentucky Revised Statute (“KRS”) 531.335,
discussing whether it could be considered to apply to a doll that was not alleged “to
be based on any actual person.” R. at 398. After analyzing caselaw from the
Kentucky and United States Supreme Courts, the District Court concluded that the
statute in question had been found constitutional specifically because it required
that the criminalized material depict sexually explicit images of a real person under
the age of 18. R. at 399-400. Ultimately, the District Court concluded as follows:
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As of the date of the alleged offense in this case the court
finds no Federal or Kentucky State law that has been
enacted and signed into law preventing the importation,
sale, purchase or possession of said dolls.
As repulsive as the court finds this doll and the
defendant’s actions and shares the Commonwealth’s
concerns regarding the exploitation of children, it is the
role of the Court to apply the law as written and follow
precedent of the Kentucky and Federal Appellate Courts
and not to make law or be a judicial activist by basing a
ruling upon their [sic] personal belief and/or moral
judgement [sic].
R. at 400. Accordingly, the District Court dismissed the felony charge of
possessing or viewing matter portraying a sexual performance by a minor against
Phillips due to lack of probable cause. However, the District Court kept on its
docket the other misdemeanor drug charges, which were brought based on the
marijuana and paraphernalia seized from Phillips’s home. R. at 401.
After dismissal of Phillips’s felony charge, Gatson requested
additional search warrants for certain electronics that had been seized from
Phillips’s home during the original search. In support of the warrant applications,
Gatson described the original investigation of the doll, and he included statements
made by Phillips at the time of the original search that suggested that Phillips had
used the internet to act on a sexual attraction toward children. R. at 402-17. The
District Court signed, and Gatson executed, these warrants in early October of
2018, and they resulted in the discovery of evidence that led to new charges against
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Phillips on possession of matter portraying a minor in a sexual performance,
including seven new counts charged in a superseding indictment in June of 2019.
On January 27, 2020, Phillips filed a motion to suppress all evidence, observations,
and statements obtained as a result of the two sets of warrants due to an alleged
lack of probable cause. R. at 419. On March 3, 2020, the Kenton Circuit Court
conducted an evidentiary hearing, and nearly six months later, on August 4, 2020,
it granted the motion and suppressed the incriminating evidence. R. at 426.
In its order, the Circuit Court opined that the fatal flaw in the case lay
in the affidavit supporting the original warrant, which allowed seizure of “devices
capable of storing information related to online purchases and searches for items to
purchase” what Gatson believed to be an illegal sex doll. R. at 427. The Circuit
Court in Phillips then conducted an analysis similar to the eventual appellate
reviews of the warrant in this case. It concluded that Gatson had not provided
sufficient evidence to establish a nexus between the doll, which was then legal to
purchase and possess, and Gatson’s belief that Phillips’s devices would contain
evidence of matter portraying a sexual performance by a minor. R. at 427-29. The
Circuit Court also noted that the affidavit supporting the warrants from October of
2018 relied, at least in part, on evidence and statements determined to have been
obtained improperly pursuant to the first invalid warrant, which had offered no
basis for the search other than Phillips’s taking possession of the delivered doll. R.
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at 429. Finally, the Circuit Court concluded that the validity of the warrants could
not be upheld by the “good-faith doctrine” for the following reason:
Detective Gatson, an officer with the Kentucky State
Police for more than 25 years who claims to have
investigated crimes involving sexual abuse and
exploitation, should have known that purchase and/or
possession of a sex doll has not been deemed illegal
before presenting his application for the warrant to the
Judges.
R. at 430.
Having been advised of these Phillips facts and procedure, the Circuit
Court, on remand of the case sub judice, conducted an evidentiary hearing on
March 31, 2025, at which Gatson appeared and testified regarding both the
proceedings in Phillips and their effects on the Master investigation and affidavit.
Following that hearing, the Circuit Court issued a written Order, which held as
follows:
The court has reviewed the entire record, including the
briefs filed by the parties with exhibits, considered the
testimony and exhibits presented at the hearing, as well
as the arguments of counsel. As always, this Court looks
to the decision of the Appellate Courts for direction.
Both the Kentucky Court of Appeals (COA) and the
Kentucky Supreme Court opinions in this case give clear
guidance to this Court in this matter.
While this Court believes that it is reasonable for the
detective to assume, because of his extensive expertise,
that ordering a child sized anatomically correct sex doll is
indicative of criminal activity and that these types of
purchases heighten the suspicion that someone
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purchasing these dolls are also availing themselves of
child pornography, this Court also hears loud and clear
the COA and Supreme Court analysis of the 4th
amendment applicable to this particular situation.
Thus, the detective’s belief that ordering or possession
(even with his extensive expertise in the field) of a child
sex doll does not under the law existing at the time of the
offense establish probable cause to search the defendant’s
home and devices. There is no factual nexus between the
legal ordering of the child sized sex doll and the
likelihood that child pornography would be found on the
defendants’ devices or home. The search warrant does
not allege facts that would constitute a crime at the time.
No substantial proof has been presented to establish the
probable cause that child pornography would be found in
defendants’ home or on his devices.
R. at 467-68. At the end of this portion of the Circuit Court’s Order, that Court
included a single footnote with citations to five cases decided by this Court, the
Kentucky Supreme Court, and the United States Court of Appeals for the Sixth
Circuit (“the Sixth Circuit”). The Circuit Court provided no analysis of the good-
faith exception or the cases that it merely cited, and it included no analysis of the
relevant procedural or factual background of the Phillips case. However, it did
quote the final lines of the District Court’s order dismissing Phillips’s first felony
charge for lack of probable cause. The Circuit Court then denied the
Commonwealth’s motion requesting additional findings of fact and a specific
ruling on good faith, issuing an Amended Order with the addition of the following
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sentence: “This order is amended to reflect that this order is final and appealable.”
R. at 490. This appeal followed.
Standard of Review
As our Supreme Court has noted,
The proper test for appellate review of a suppression
hearing ruling regarding a search pursuant to a warrant is
to determine first if the facts found by the trial judge are
supported by substantial evidence, . . . and then to
determine whether the trial judge correctly determined
that the issuing judge did or did not have a “substantial
basis . . . for conclud[ing]” that probable cause existed.
Commonwealth v. Pride, 302 S.W.3d 43, 49 (Ky. 2010). Should a reviewing Court
determine that probable cause did not exist, that Court must then set the
appropriate remedy for improperly obtaining evidence.
Although suppression of the evidence through application of the
exclusionary rule is the primary remedy for Fourth Amendment violations, the
Supreme Court of the United States (“SCOTUS”) has made clear that “[e]xclusion
is not a personal constitutional right, nor is it designed to redress the injury
occasioned by an unconstitutional search.” Davis v. United States, 564 U.S. 229,
236, 131 S. Ct. 2419, 2426, 180 L. Ed. 2d 285 (2011) (internal quotation marks
and citations omitted). Instead, “deterrence of police misconduct is the primary, if
not the only, legitimate objective of evidentiary suppression.” Crayton v.
Commonwealth, 846 S.W.2d 684, 688 (Ky. 1992). In so stating, the Kentucky
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Supreme Court adopted the good-faith exception to the exclusionary rule as set
forth by SCOTUS in Leon, noting that “a technically defective search warrant
obtained in good faith after proper application to a judicial officer is preferable to
an unsupervised and potentially fraudulent warrantless search.” Crayton, 846
S.W.2d at 688-89.
In restating its adoption of the good-faith exception, our Supreme
Court summarized this holding as follows:
United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82
L. Ed. 2d 677 (1984), determined that evidence seized by
police should not be excluded if it is obtained pursuant to
a search warrant which may later be determined to be
flawed if the officers executing the warrant had an
objectively reasonable good-faith belief in the probable
cause determination by the magistrate and the sufficiency
of the warrant. In such cases, the evidence will not be
suppressed.
Moore v. Commonwealth, 159 S.W.3d 325, 327 (Ky. 2005). To determine whether
the good-faith exception is available to prevent suppression, our Supreme Court
further directed that reviewing Courts may “properly consider[] matters outside the
affidavit.” Id. at 328. However, we continue to review legal conclusions de novo,
including the Trial Court’s decision about whether the good-faith exception to the
exclusionary rule applies. See Valesquez v. Commonwealth, 362 S.W.3d 346, 349
(Ky. App. 2011).
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Analysis
As a preliminary matter, we note that the Commonwealth and Master
disagree on whether the Trial Court’s Order sufficiently followed the Kentucky
Supreme Court’s directive to consider whether the good-faith exception applied to
this case. Noting that Kentucky law requires a Trial Court to abide strictly by an
Appellate Court’s mandate, the Commonwealth argues that the Trial Court’s
failure to analyze specifically the effects of the Phillips case on the applicability of
the good-faith exception violated the Supreme Court’s directive on remand in this
case. Appellant’s Brief at 7-8. Master disagrees, noting that the Trial Court
quoted a portion of one of the orders issued in the Phillips case in its findings,
styled an order as a ruling on the good-faith exception, and cited to caselaw
relevant to the good-faith exception before finding suppression to be appropriate.
Appellee’s Brief at 18. At oral argument, Master conceded that the Circuit Court
could have offered greater detail or analysis in its findings. However, he still
contends that the Order substantially concluded that Gatson could not have had an
objectively reasonable belief that the warrant was supported by probable cause.
Regardless of the sufficiency of the Trial Court’s Order, both parties
agree that the issue is properly preserved for our review, as the Commonwealth
properly (although unsuccessfully) moved for additional findings of fact – an effort
that Master opposed. Vinson v. Sorrell, 136 S.W.3d 465, 471 (Ky. 2004). We note
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that the language of the Trial Court’s Order focuses primarily on the existence of
probable cause, largely restating the finding of the Appellate Courts that no
probable cause existed rather than complying with the Supreme Court’s mandate
and clearly applying the law governing the good-faith exception to the facts with
any specificity. Accordingly, where the Trial Court neglects to provide the basis
for its ruling, even when it has been explicitly instructed to do so, we are left to
decipher its reasoning by inference. Here, the Circuit Court provided no analysis
of the good-faith exception and only listed a citation to a series of cases in a
footnote. These actions are not compliant with the Supreme Court’s mandate.
So as not to engage in guesswork, we have considered the five cases
cited by the Trial Court, and we note that one, Beemer v. Commonwealth, 665
S.W.2d 912, 913 (Ky. 1984), merely adopts the “totality of the circumstances test”
set forth by SCOTUS in Illinois v. Gates, 462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed.
2d 527 (1983). Because Beemer pre-dates Crayton by several years, it offers no
insight into the application of the good-faith exception where the Gates test has
been applied and where no probable cause is found to support the issue of a
warrant. Of the remaining four cases cited, only one of the reviewing Courts found
that the good-faith exception would not apply, as the officer had no reasonable
basis to believe in the sufficiency of the warrant due to his own misconduct in
preparing the warrant application. See Hensley v. Commonwealth, 248 S.W.3d 572
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(Ky. App. 2007). No misconduct is alleged here. Although Master claims in his
brief that the affidavit is misleading, counsel for Master agreed at oral argument
that the record contained no evidence of willful misconduct or bad faith on
Gatson’s part. Hensley is thus distinguishable. In the final three cases cited, the
Kentucky Supreme Court and the Sixth Circuit applied the good-faith exception to
prevent the suppression of evidence. See Beckam v. Commonwealth, 284 S.W.3d
547 (Ky. 2009); United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004); United
States v. White, 874 F.3d 490 (6th Cir. 2017).
Without any analysis or discussion from the Trial Court to review, we
cannot determine from the cited cases the grounds on which the Trial Court
determined that the good-faith exception would not apply to the case sub judice. In
this void, Master argues that we should read into the Order to find that “its
conclusion was Detective Gatson’s belief in probable cause was objectively too
unreasonable to justify the exception.” Appellee’s Brief at 27. He further asserted
this position at oral arguments, concluding that the Circuit Court appeared
convinced that the warrant lacked any possible justification for Gatson to conclude
it was supported by probable cause. The Commonwealth clearly disagrees with
such a conclusion, arguing that Gatson’s reliance on the search warrant was
reasonable given the totality of the circumstances. Appellant’s Brief at 13. At oral
arguments, the Commonwealth highlighted the testimony offered by Gatson
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regarding the Phillips investigation, the explanation of his reasoning for changing
his approach to the investigation in this case, and the sources on which he relied to
connect this doll to the possession of illicit material. In light of this evidence, the
Commonwealth asks that we reverse the Circuit Court’s suppression order, which
focused almost entirely on the existence of probable cause rather than the
requested good-faith analysis, and find admissible the evidence seized from
Master’s residence.
Despite the lack of clear analysis provided in the Order on appeal, our
de novo review must still comply with the Supreme Court’s directive on Master’s
original appeal. Thus, we are required to assess both the application of the good-
faith exception and the matter of Gatson’s prior experience with evaluating the
ordering of a child sex doll in Phillips. In making this determination, we must first
consider the circumstances in which the good-faith exception is not available to bar
suppression. Our Supreme Court in Crayton identified four instances in which the
good-faith exception to the exclusionary rule would not apply. This Court has
summarized those instances as follows:
Exclusion of evidence remains an appropriate remedy
only where the circumstances reveal one of the following
circumstances: (1) the affidavit contains “false or
misleading information”; (2) the judge who issued the
search warrant has abandoned his “detached and neutral
role”; (3) the affidavit is so lacking in indicia of probable
cause such that the officer’s reliance cannot be
reasonable; or, (4) the warrant is “facially deficient by
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failing to describe the place to be searched or the thing to
be seized.”
Commonwealth v. Opell, 3 S.W.3d 747, 752 (Ky. App. 1999) (citing Crayton, 846
S.W.2d at 687-88).
On appeal, the Commonwealth contends that none of the listed
circumstances apply in this case, and therefore, the Trial Court should have applied
the good-faith exception to suppressing the evidence seized from Master’s home.
Neither party alleges any evidence that the signing magistrate, a Kenton District
Court Judge, abandoned her role or that the affidavit failed to identify the place to
be searched or the thing(s) to be seized. Instead, Master claims that the Trial Court
clearly and appropriately agreed with his position that either Gatson had provided
misleading information in his affidavit, thereby making his reliance on its probable
cause determination unreasonable, or that the affidavit was so “bare bones” that it
was entirely unreasonable for Gatson to rely on it. Appellee’s Brief at 18.
Accordingly, our review will focus on the parties’ dispute over whether Gatson
intentionally misled the Judge who issued the warrant or that the warrant was so
lacking in any indicia of probable cause as to make his reliance on it unreasonable.
First, Master’s brief argues that Gatson’s affidavit misled the
reviewing Court as to his training and experience regarding child sex dolls, his
investigation into the location that the doll had been purchased, and his possession
of any evidence that Master had ordered the doll in question. Intertwined with this
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argument is Master’s assertion that Gatson should have known from his experience
in the Phillips case that the act of ordering or possessing a child sex doll could not
provide probable cause to issue a search warrant. As a result, Master contends
that, even if Gatson did not intentionally mislead or offer false information in the
warrant affidavit, it was still objectively unreasonable for him to believe that there
was probable cause for a search warrant.
To apply successfully for the good-faith exception, “[an] officer must
have an objectively reasonable belief in the sufficiency of the warrant and the
probable cause determination. If the affidavit contains false or misleading
information, the officer’s reliance cannot be reasonable.” Crayton, 846 S.W.2d at
687-88. As the Commonwealth notes, Master has offered no proof that Gatson
“omitted facts deliberately or recklessly” from his affidavit. Moore, 159 S.W.3d at
328. Instead, Master asserts that Gatson’s statements regarding his training and
experience suggested a greater expertise in his knowledge of child sex dolls than
his experience would support. Through counsel at oral argument, Master
suggested that the existence of a single, comparable case involving a similar doll
should be an insufficient basis to claim any meaningful experience in a warrant
affidavit. He also argues that Gatson’s framing of this experience and his
reference in the affidavit to “any person ordering a child sex doll” misled the
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reviewing Judge to believe that Gatson had evidence that Master was the person
who ordered the doll.
At the hearing, both the Commonwealth and Master questioned
Gatson regarding his investigation and preparation of the warrant affidavit, which
frequently became intertwined with questions regarding his previous experience in
other investigations. Gatson testified that he had viewed the package label, the doll
it contained, and either a packing label or invoice contained within the box. As the
Circuit Court noted in its Order, Gatson confirmed that the box label and internal
documentation were directed to Master at the same address. Gatson testified that
he had conducted surveillance of the address listed on the shipping labels and
identified a vehicle parked outside that was registered to Master. However, as the
Commonwealth reiterated, Gatson did not focus on the origin of the doll itself, as
he understood from the Phillips dismissal that the doll itself was not illegal
contraband. Regardless, counsel for Master asked a series of questions about the
sufficiency of the investigation and any steps taken to identify Master as the person
who ordered the doll or to identify the person or business from which the doll was
purchased.
Like many of the points raised by Master in arguments before this
Court, these questions addressed issues fundamental to the Supreme Court’s past
determination that Gatson had identified an insufficient nexus tying Master’s
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address to evidence of criminal activity – and not related directly to the current
dispute about the good-faith exception. In that vein, Master argues that Gatson’s
testimony confirms that he had no evidence linking Master to the commission of a
crime when he prepared the warrant affidavit. This assertion is generally
consistent with the Circuit Court’s findings in its Order. However, the
Commonwealth notes that Gatson also testified that, at that stage of his
investigation, he had not intended to identify Master conclusively as the person
who ordered the doll. Instead, Gatson described taking a different approach in that
investigation due to the still-unfolding events in the Phillips prosecution at the time
that he became aware of the package addressed to Master. Thus, the Supreme
Court’s order to consider the procedural posture of Phillips first comes strongly
into play.
At the time that Gatson began the investigation into the doll from the
package addressed to Master, the District Court had dismissed some of the Phillips
charges specifically because the possession of the doll was not in violation of KRS
531.335. Critically, the District Court’s order did not directly address the validity
of the search at all. In fact, and contrary to Master’s theory, the misdemeanor drug
charges based on the proceeds of that search were allowed to proceed. Moreover,
at the time that he began the Master investigation, Gatson had already requested
and executed new search warrants for Phillips’s devices, which were found to
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contain additional material that resulted in seven new counts of matter portraying a
minor in a sexual performance by superseding indictment in June of 2019. Despite
the references by Master to the eventual suppression order by the Phillips Circuit
Court, Phillips’s counsel had not yet filed a motion to suppress when Gatson began
his investigation into the package addressed to Master. Accordingly, while Gatson
then knew that possession of a child sex doll itself was not illegal, he had observed
a correlation. To wit, the only other doll that he had ever personally intercepted
had been ordered online by a person who admitted a sexual attraction to children
and also possessed other matter portraying a minor in a sexual performance.
Additionally, Gatson testified that the publicity of the Phillips case
had led to other conversations with law enforcement and policy specialists
regarding the issue of similar dolls and their roles in the types of crimes against
children that Gatson investigated. While counsel for Master suggested in his oral
arguments that the description of these conversations was too vague to be
meaningful, he failed to persuade us. Although Gatson did not recall the names of
any person he conversed with on the topic, the Commonwealth rightly observed
that Gatson provided details on several, specific, individual conversations.
Moreover, we take note that Gatson testified that he had ended his employment
with ICAC prior to the hearing in order to accept a position with another law
enforcement agency. As a result, he no longer had access to the official copies of
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his notes on either of the investigations in question, which had both taken place at
least five years prior to his testimony.
Under these circumstances, Gatson did not intentionally or recklessly
misrepresent his professional knowledge and experience in