## Facts

- Italian authorities arrested the operator of “youngvideomodels” websites used to produce and sell child pornography and obtained customer email and order records.
- Europol transmitted to the FBI seized videos and purchaser-related emails/records, including emails attributed to Richard Genin and linked to his identifiers.
- An FBI analyst reviewed multiple referenced videos and concluded they depicted minors engaged in sexually explicit conduct under federal law.
- FBI Special Agent Stephen Tortorella sought a warrant to search Genin’s New Rochelle apartment, relying on Europol materials, the analyst’s descriptions, and records linking purchases and emails to Genin’s address and WebTV account; the affidavit did not attach images for judicial viewing.
- A magistrate judge issued the warrant, and agents seized numerous videotapes, paperwork and receipts reflecting purchases, and a WebTV console.
- During the search, Genin admitted he purchased child pornography using a WebTV email account, identified websites (including the Italian site), described buying about twelve DVDs, and explained payment and delivery methods.
- After indictment for possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B), Genin moved to suppress physical evidence and statements and sought a bill of particulars and additional discovery.

## Issues

1. Whether the search warrant lacked probable cause because the issuing magistrate and affiant did not personally view the images and instead relied on descriptions and investigative records.
2. Whether, if probable cause were lacking, the exclusionary rule was avoided under the *Leon* good-faith exception due to objectively reasonable reliance on the warrant.
3. Whether Genin’s statements during the search should be suppressed as derivative of an unlawful search or on an independent constitutional/voluntariness basis.
4. Whether Genin was entitled to a bill of particulars and broader pretrial disclosures beyond standard obligations, including under *Brady* and Rule 16.

## Decision

- The court denied the motion to suppress physical evidence, finding the warrant supported by probable cause based on the totality of the circumstances.
- The court held that, even if probable cause were arguable, suppression was independently barred by *Leon* because agents reasonably relied on a magistrate-approved warrant supported by a detailed affidavit.
- The court denied suppression of Genin’s statements because the search was lawful and no separate ground for exclusion was shown.
- The court denied the motion for a bill of particulars and for expanded discovery beyond the Government’s continuing disclosure duties and provided materials.

## Legal Principles

- Probable cause is assessed under a practical, common-sense totality-of-the-circumstances test and does not categorically require the issuing judge to personally view alleged child-pornography images when detailed descriptions and corroborating records support a fair probability that evidence will be found.
- Information from foreign law-enforcement partners and cooperative investigations may support probable cause when presented with sufficient detail and indicia of reliability.
- Under *United States v. Leon*, evidence obtained pursuant to a warrant is not suppressed when officers act in objectively reasonable reliance on a magistrate-issued warrant, absent circumstances such as knowing or reckless falsehoods, abandonment of the judicial role, or a warrant so deficient that reliance is unreasonable.
- A bill of particulars is discretionary and is not a vehicle to obtain evidentiary detail or the prosecution’s trial strategy; it is warranted only when necessary to understand the charge, avoid unfair surprise, and protect against double jeopardy.
- *Brady* requires disclosure of material exculpatory information, but does not mandate expanded pretrial disclosure beyond established obligations where the indictment and discovery adequately inform the defense.

## Conclusion

The court held that the warrant rested on sufficient described evidence and transactional linkage to Genin, and that suppression was unwarranted in any event under *Leon*; it also declined to order additional particulars or discovery where the charge and existing disclosures were adequate and the Government remained subject to standard disclosure duties.


United States v. Genin, 594 F. Supp. 2d 412 (S.D.N.Y. 2009)