Heller

BACKGROUND

Between 2001 and 2004, Heller served as a caretaker for J.W., a 42-year-old developmentally disabled ward of the State of Montana. In 2004, Heller was terminated as caretaker because he was spending time with J.W. after hours. J.W. later disclosed to his guardian that he had a sexual relation- ship with Heller while Heller was his caretaker. Heller was convicted in Montana state court on charges of criminal endangerment and sexual assault. During the course of the prosecution, child pornography files were found on J.W.’s computer. Heller denied that he had any involvement with the pornography. Heller’s home and home computer were searched but authorities found no child pornography.

In 2006, a Montana police officer stopped Heller on the street and told him that he needed to go to the station to update his sex offender registration. The officer told Heller that he was not under arrest and would not be arrested when he arrived at the station. Heller agreed to go to the station later that day.

Once at the station, Heller met with the officer for a com- pliance check of his sex offender registration requirements. The meeting took place in a small interrogation room, and…