952 F.3d 20
1st Cir.2020Background:
- In June 2015 HSI sought a search warrant for 11 Manchaug St., Douglas, MA, based on an affidavit by Special Agent Edward Bradstreet.
- RCMP reviewed an imgsrc.ru account "ilovemackenzie" that included three albums: two with non-pornographic images of young children and one titled "my toy" containing sexualized photos of a life‑like infant torso (a doll/sex toy) including images showing penetration by an adult penis.
- RCMP sent undercover emails linking to files labeled with "pthc" (identified in the affidavit as shorthand for "preteen hard core"); an IP address (24.151.90.79) tried to access those links 11 times and DHS traced that IP to the Manchaug Street residence.
- Records showed Bryan Larson lived at the residence and was a Level 2 sex offender with a prior statutory‑rape conviction; agents executed the warrant and found child‑pornography files on computers.
- Larson moved to suppress and alternatively sought a Franks hearing claiming the affidavit mischaracterized the "my toy" images; the district court denied relief, Larson pled guilty reserving appeal rights, and was sentenced to 138 months.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether affidavit contained knowingly false or reckless statements requiring a Franks hearing | Gov: Affiant accurately described the "my toy" images as a "life‑like infant torso" (a toy/doll), so no falsehood requiring a hearing | Larson: The description was misleading/false and material; he made a substantial showing for a Franks hearing | Denied — photographs support the agent's description; no egregious misrepresentation and no need for Franks hearing |
| Whether affidavit established probable cause to search residence and computers for attempted receipt/possession of child pornography | Gov: Totality of circumstances (albums with real children, "my toy" album, 11 attempts to access pthc links, IP trace, Larson's sex‑offender history) supplied probable cause | Larson: The "my toy" images were not child pornography and other items viewed in isolation did not establish probable cause | Affirmed — under Gates totality review, affidavit gave a fair probability evidence would be found at the premises |
| Overbreadth of warrant; applicability of Leon good‑faith exception | Gov: Evidence of completed possession is admissible as evidence of attempt; warrant scope proper | Larson: Warrant was overbroad because probable cause related to attempt not completed crime; also argued Leon inapplicable | Rejected on the merits — evidence of completion can support proof of attempt; Leon not reached because probable cause was adequate |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (standard for requiring hearing when affidavit contains alleged false statements)
- Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002) (virtual child pornography not criminally punishable)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality‑of‑circumstances standard for probable cause in warrant affidavits)
- United States v. Santana, 342 F.3d 60 (1st Cir. 2003) (Franks‑hearing threshold and egregious misrepresentation rule)
- United States v. Reiner, 500 F.3d 10 (1st Cir. 2007) (probable cause standard for search warrants)
- United States v. Flores, 888 F.3d 537 (1st Cir. 2018) (evaluate affidavit items as part of totality of circumstances)
- United States v. Leon, 468 U.S. 897 (1984) (good‑faith exception to exclusionary rule)