United States v. Anzalone
923 F.3d 1
1st Cir.2019Background
- In Feb 2015 the FBI seized and ran Playpen, a child‑pornography site on Tor, for two weeks and deployed a Network Investigative Technique (NIT) to identify users.
- A magistrate in the Eastern District of Virginia issued the NIT warrant based on a 31‑page affidavit describing Playpen’s hidden nature, registration/anonymity features, and images on its homepage.
- The NIT identified Vincent Anzalone as a Playpen user; FBI searched his home, he waived Miranda and admitted possession/receipt of child pornography.
- Anzalone was indicted for possession and receipt under 18 U.S.C. § 2252A, moved to suppress evidence obtained via the NIT and to dismiss the indictment for outrageous government conduct.
- The district court denied both motions; Anzalone pleaded guilty reserving appeal and was sentenced to 84 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for NIT warrant | Affidavit description (homepage image, Tor facts) insufficient to show fair probability of criminality | Totality of affidavit (hidden site, anonymity, registration, image) established nexus and commission elements | Warrant supported by probable cause; suppression denied |
| Affidavit misstatements/recklessness | Affiant failed to note that homepage image changed the day before warrant, so affidavit was reckless | Affiant reasonably relied on recent factual depiction; change did not undermine probable cause | No reckless disregard; statements did not vitiate probable cause |
| Rule 41 jurisdiction and Leon good‑faith exception | Warrant issued outside magistrate’s territorial jurisdiction under Rule 41, so evidence must be suppressed | Even if Rule 41 problem existed, Leon good‑faith exception applies; government sought judicial guidance on novel issue | Levin controls; Leon good‑faith exception applies; suppression not warranted |
| Outrageous government conduct (due process) | Running Playpen with real illegal images and distributing contraband for two weeks was fundamentally unfair and coercive | FBI considered alternatives, kept site operable to avoid alerting users, identify distributors, and rescue victims; no coercion of defendant | Conduct did not meet the high bar for dismissal; motion to dismiss denied |
Key Cases Cited
- United States v. Levin, 874 F.3d 316 (1st Cir. 2017) (addressed same NIT warrant and applied Leon good‑faith exception)
- United States v. Leon, 468 U.S. 897 (Sup. Ct. 1984) (good‑faith exception to exclusionary rule)
- Illinois v. Gates, 462 U.S. 213 (Sup. Ct. 1983) (probable cause determined by totality of circumstances)
- District of Columbia v. Wesby, 138 S. Ct. 577 (Sup. Ct. 2018) (probable cause informed by totality, not isolated facts)
- United States v. Santana, 6 F.3d 1 (1st Cir. 1993) (outrageous‑conduct standard; law enforcement overinvolvement inquiry)