United States v. Scanzani

392 F. Supp. 3d 210
CourtDistrict Court, District of Columbia
DecidedAugust 15, 2019
DocketCriminal No. 18-10248-FDS
StatusPublished

This text of 392 F. Supp. 3d 210 (United States v. Scanzani) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Scanzani, 392 F. Supp. 3d 210 (D.D.C. 2019).

Opinion

F. Dennis Saylor IV, United States District Judge

Defendant Raymond Scanzani is charged with possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He has filed a motion to suppress evidence seized by the government from his apartment. Scanzani alleges that the search and seizure violated the Fourth Amendment of the United States *214Constitution because the warrant (1) was not supported by probable cause and (2) was overbroad and did not describe the items to be seized with particularity. In addition, Scanzani alleges that the government's search of his attic, which resulted in the seizure of a story that he had written, exceeded the scope of the warrant.

I. Background

A. Factual Background

In December 2006, Raymond Scanzani was convicted in the United States District Court for the Southern District of Florida of (1) one count of knowingly mailing and transporting and attempting to mail and transport child pornography by use of a computer in violation of 18 U.S.C. § 2252A(a)(1), (2) one count of receiving child pornography by means of a computer in violation of 18 U.S.C. § 2252A(a)(2)(B), and (3) one count of possession of child pornography by means of a computer in violation of 18 U.S.C. § 2252A(a)(5)(B). United States v. Scanzini , No. 06-cr-60185 (S.D. Fla. 2006).1 He was sentenced to a prison term of 96 months to run concurrently, followed by a lifetime term of supervised release.

In addition to the standard conditions of release, the court ordered a series of special conditions. Among other things, the court ordered that Scanzani would be prohibited from "possess[ing]" any "visual depictions of minors or adults engaged in sexually explicit conduct," and "accessing via computer any 'material' that relates to ... possession of child pornography." (Conditions of Probation and Supervised Release at 4-5). The court also ordered that he "shall submit to a search of his/her person or property in a reasonable manner and at a reasonable time by the U.S. Probation Office." (Id. ). Condition (h) further provided that he

shall submit to the U.S. Probation Officer conducting periodic unannounced examinations of [his] person, property, house, residence, vehicles, papers, computer(s), other electronic communication or data storage devices or media, include [sic ] retrieval and copying of all data from the computer(s) and any internal or external peripherals and effects at any time, with or without warrant by any law enforcement or probation officer with reasonable suspicion concerning unlawful conduct or a violation of a condition of probation or supervised release. The search may include the retrieval and copying of all data from the computer(s) and any internal or external peripherals to ensure compliance with this condition and/or removal of such equipment for the purpose of conducting a more thorough inspection; and to have installed on the defendant's computers) [sic ], at [Scanzani's] expense, any hardware or software systems to monitor [his] computer use.

(Id. ).

Scanzani's term of supervised release began on June 18, 2013.2 On October 5, 2016, Scanzani's probation officer gave him permission to own and use a computer at his home. On October 2, 2017, the probation department installed the monitoring software RemoteCOM on his computer. RemoteCOM monitors a user's computer activities and applies specific "trigger" words applicable to the user's offense. Once a "trigger" word is detected, the system conducts an initial review of the *215computer activity that may constitute a violation and refers it to the offender's probation officer for further review. A probation officer can also independently review the offender's activity.

On May 25, 2018, RemoteCOM notified the probation department that monitoring had discovered notable information in the screenshots data field recorded from Scanzani's computer. On June 6, 2018, RemoteCOM provided a report on the activity that it had detected to the probation department. Homeland Security Investigations ("HSI") Special Agent Jason Defreitas reviewed the report, which consisted of approximately 34 PDF documents of images from Scanzani's computer.

On June 27, 2018, Defreitas submitted an application to Magistrate Judge Cabell for a warrant to search Scanzani's person and home. The application included a supporting affidavit from Defreitas. The affidavit provided background information concerning Scanzani's criminal history and the current investigation. Among other things, Defreitas submitted three photographs from the RemoteCOM report that he opined "depict[ed] minors engaged in sexually explicit conduct based on the lascivious exhibition of their genitals." (Affidavit of Defreitas, ¶ 5g).

In his affidavit, Defreitas attested that the RemoteCOM report "consist[ed] of approximately 34 pdf documents containing images from S[canzani]'s computer." (Id. ¶ 5d). Those documents, Defreitas attested, contained "screenshots of a narrative story, actively being edited by S[canzani] [that] involv[ed] the sexual molestation of infants, toddlers and young boys." (Id. ¶ 5e). Defreitas included the first sentence of the story, which read, "He realized it was absolutely necessary to gain the boy's trust, and begin to form a loving bond with him before he could begin the first stages of total molestation." (Id. ). The story was apparently written in a distinctive font that Defreitas believed matched the font Scanzani had used in his monthly supervision reports to probation. (Id. ).

In addition, Defreitas attested that the report "contain[ed] numerous images of infants and prepubescent children either fully naked or partially naked with their genitals exposed." (Id. ¶ 5f). In particular, Defreitas described the three photographs he had submitted to the magistrate judge:

i. In the file titled CumulativeDetail-34.pdf is an image denoted DSC_0051 of a naked infant boy approximately 1-3 years old with legs spread wide. The photo shows the boy from the mid-torso down, and the focal point of the photo is on the boy's genitals.
ii. In the file titled CumulativeDetail-33.pdf is an image of a naked boy approximately 3-6 years old standing with one leg and his genitals propped up on a container. The boy is holding a banana.
iii. In the file titled CumulativeDetail-32.pdf is an image denoted DSC_0008 of a boy approximately 3-6 months old, naked from the waist down lying on his side with his shirt pulled up and his genitals exposed.

(Id. ¶ 5fi-iii). After describing the photographs, Defreitas attested that, in his opinion, "such images depict minors engaged in sexually explicit conduct based on the lascivious exhibition of their genitals." (Id. ¶ 5g).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Vosburgh
602 F.3d 512 (Third Circuit, 2010)
Marcus v. Search Warrant of Property
367 U.S. 717 (Supreme Court, 1961)
Franks v. Delaware
438 U.S. 154 (Supreme Court, 1978)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
United States v. Knights
534 U.S. 112 (Supreme Court, 2001)
United States v. Campos
221 F.3d 1143 (Tenth Circuit, 2000)
United States v. Ribeiro
397 F.3d 43 (First Circuit, 2005)
United States v. Frabizio
459 F.3d 80 (First Circuit, 2006)
United States v. Weikert
504 F.3d 1 (First Circuit, 2007)
United States v. Graham
553 F.3d 6 (First Circuit, 2009)
United States v. Fagan
577 F.3d 10 (First Circuit, 2009)
United States v. Jesse K. Hall
142 F.3d 988 (Seventh Circuit, 1998)
United States v. Albert M. Lee
315 F.3d 206 (Third Circuit, 2003)
United States v. Jeffrey Meek
366 F.3d 705 (Ninth Circuit, 2004)
United States v. Micah J. Gourde
440 F.3d 1065 (Ninth Circuit, 2006)
United States v. Lyman Wagers
452 F.3d 534 (Sixth Circuit, 2006)
United States v. Lamb
945 F. Supp. 441 (N.D. New York, 1996)
United States v. Banks
556 F.3d 967 (Ninth Circuit, 2009)
United States v. Dost
636 F. Supp. 828 (S.D. California, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
392 F. Supp. 3d 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-scanzani-dcd-2019.