United States v. Wagner, 951 F.3d 1232

Background

In 2015 the FBI seized and hosted Playpen, then obtained an NIT warrant to deploy a Network Investigative Technique (NIT) on the site to identify users’ activating computers; the NIT identified an IP/host name tied to "soldiermike."
Subpoenaed ISP records linked the NIT-identified IP to Wesley Wagner’s White City, Kansas residence.
FBI obtained and executed a residential search warrant (Sept. 15, 2015); agents interviewed Wagner (recorded), found a laptop named “SFC-Gunner,” and discovered thousands of child-pornography images and other indicia linking the laptop/phone to Playpen.
Wagner was indicted for receipt and possession of child pornography (18 U.S.C. §§ 2252(a)(2), (a)(4)(B)); he moved to suppress NIT evidence, the residence search, and his statements, and moved to dismiss the indictment for outrageous government conduct.
The district court denied the suppression and dismissal motions; a jury convicted Wagner on both counts; the Tenth Circuit affirmed on appeal.

Issues

Issue	Wagner's Argument	Government's Argument	Held
Validity/admissibility of NIT warrant evidence (good-faith)	NIT warrant was defective (misleading affidavit, lack of particularity, exceeded magistrate’s authority) so evidence must be suppressed	Agents reasonably relied on the Virginia magistrate’s warrant; Workman precedent applies and good-faith exception saves the evidence	Affirmed: good-faith exception applies under Workman; evidence admissible
Residence warrant—probable cause / staleness / particularity	IP-to-residence link was stale and warrant overbroad re: "any computers" and lacked computer-search protocol	Six-month-old Playpen access plus ISP nexus and hoarding nature of child porn supported probable cause; warrant read as a whole limited to child-pornography-related items	Affirmed: warrant supported by probable cause and sufficiently particular
Interview statements—Miranda / voluntariness	Interrogation was custodial (no Miranda) and statements involuntary/coerced (promises/threats; exploited PTSD)	Agents repeatedly told Wagner he was free to leave; interview noncoercive and conversational; statements voluntary	Affirmed: non-custodial, Miranda not required; statements voluntary and admissible
Outrageous government conduct (operation of Playpen)	FBI’s 13-day operation of Playpen was extraordinary and manufactured crime, violating due process	FBI merely hosted an existing site under warrant to identify users; did not coerce or engineer crimes; defendant was already an active consumer	Affirmed: operation not outrageous; indictment stands
Hearsay ruling on cross-exam (new trial)	Court’s exclusion of agent’s repeating defendant’s out-of-court statements prevented defense from highlighting exculpatory remarks—warranting new trial	Recording of interview was played for jury; counsel could emphasize statements in argument; any error was harmless	Affirmed: no prejudicial error; new trial denied
Sufficiency of evidence	Government failed to prove Wagner knowingly received/possessed images (alternative hypotheses: visitor download)	NIT/IP linkage, laptop/phone contents, browsing history, admissions about laptop use and past addiction support knowledge and possession	Affirmed: sufficient circumstantial and direct evidence to sustain convictions

Key Cases Cited

United States v. Workman, 863 F.3d 1313 (10th Cir. 2017) (applied Leon good-faith exception to NIT warrant)
United States v. Leon, 468 U.S. 897 (1984) (established objective good-faith exception to exclusionary rule)
Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda warnings required for custodial interrogation)
Howes v. Fields, 565 U.S. 499 (2012) (custody test: whether a reasonable person would feel free to terminate the interrogation)
United States v. Dobbs, 629 F.3d 1199 (10th Cir. 2011) (definitions of "knowingly" and "receive" under § 2252)
United States v. Perrine, 518 F.3d 1196 (10th Cir. 2008) (staleness analysis in child-pornography context; users likely to hoard material)