United States v. Anzalone, No. 17-1454 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the judgment of the district court denying Defendant's motions to suppress evidence and to dismiss his indictment for outrageous government conduct, holding that the district court did not err in its judgment.
Defendant was identified as a user of Playpen, an online forum that allowed users to upload, download, and distribute child pornography, and indicted for possession and receipt of child pornography. Defendant moved to suppress evidence resulting from an Network Investigative Technique warrant and also sought to dismiss the indictment on the grounds that the government engaged in outrageous conduct by running Playpen for two weeks after seizing its control. The district court denied the two motions. Defendant subsequently pled guilty to both charges. The First Circuit affirmed, holding (1) the district court correctly denied Defendant's motion to suppress for lack of probable cause; and (2) under the totality of the circumstances, there were no grounds to reverse the district court's denial of Defendant's motion to dismiss the indictment.