United States v. Rigmaiden

Full title: United States of America, Plaintiff, v. Daniel David Rigmaiden, Defendant.


No. CR 08-814-PHX-DGC

Date published: May 8, 2013


The government has indicted Defendant Daniel Rigmaiden on 74 counts of mail and wire fraud, aggravated identity theft, and conspiracy. Doc. 200. The charges arise from a scheme to obtain fraudulent tax refunds by filing electronic tax returns in the names of hundreds of deceased persons and third parties. The government located and arrested Defendant, in part, by tracking the location of an aircard connected to a laptop computer that allegedly was used to perpetrate the fraudulent scheme. Defendant argues that the technology and methods used to locate the aircard violated his Fourth Amendment rights. He also argues that the government violated the Fourth Amendment by obtaining various documents and data through Court orders, relying on warrants that lacked particularity and probable cause, and exceeding the scope of the warrants.

Defendant has filed a motion to suppress and many related motions and memoranda.  Although Defendant Rigmaiden represents himself and has no formal training in the law, his motions and memoranda are thoroughly researched and factually detailed. The Court and its staff have read hundreds of pages of briefing and exhibits, and oral argument was held on March 28, 2013. After thorough consideration of the parties’ arguments, Defendant’s motion to suppress will be denied.



1. Defendant’s Motion to Suppress (Doc. 824) is denied.

2. The following motions are denied: Defendant’s Motion for Order Requiring Government to Comply with Data Deletion Requirements (Doc. 847), Motion for Discovery re: Digital Evidence Search (Doc. 890), Motion to Suppress All Digital Data Evidence as a Sanction for Failure to Preserve Evidence (Doc. 931), Motion for Sanctions for Discovery Violations re: Digital Evidence Search (Doc. 932), Motion for Time to Submit Evidence of Legitimate Sources of Income (Doc. 993), and Motion to Stay Ruling on Suppression Issues (Doc. 1001).

3. The following motions are granted: Defendant’s Motion for Leave to Place Additional Evidence on the Record (Doc. 897), Defendant’s Motion for Leave to File First Supplement to Motion for Order Requiring Government to Comply with Data Deletion Requirements (Doc. 926), Defendant’s Motion to Amend/Correct (Doc. 934), and the ACLU’s Motion for Leave to Submit Government Document (Doc. 985).

4. By separate order, the Court will schedule a conference to set a firm trial date and establish a schedule of events that must be completed before trial.

5. Defendant shall not file further motions to suppress or for sanctions based on the government’s searches in this case or the government’s pretrial production of discovery to Defendant.

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