549 F. App'x 630
9th Cir.2013Background
- David Winsor pleaded guilty conditionally to receiving child pornography under 18 U.S.C. §§ 2252(a)(2)(A) and 2252A(b)(1).
- Winsor challenged the district court’s denial of two suppression motions: to suppress evidence from a search warrant and to suppress his confession.
- The district court denied suppression despite finding the warrant affidavit lacked probable cause, relying on the good-faith exception.
- The affidavit alleged two purchases on two websites containing child pornography, creating at least a colorable argument for probable cause, and the affiant consulted with AUSA Greg Nyhus.
- The government contends the confession was voluntary under Miranda; the district court so held.
- The panel affirms, concluding the good-faith reliance was reasonable and the confession waiver was voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good-faith exception applies to evidence seized under a warrant lacking probable cause | Winsor argues no probable cause, so good faith fails. | Government argues colorable probable cause and reasonable reliance given consultation with AUSA. | Yes; good-faith reliance affirmed; suppression denied. |
| Whether Winsor's confession was voluntary and Miranda waiver valid | confession was involuntary or coerced; Miranda rights may not have been properly waived. | waiver voluntary; officers did not coerce; defendant understood rights and offense. | Yes; confession voluntary and properly waived. |
| Whether Winsor invoked the right to counsel and whether questioning continued was proper | Winsor invoked counsel when stating he might want an attorney. | Invocation was equivocal; did not require cessation of questioning. | Invocation was equivocal; questioning correctly continued. |
Key Cases Cited
- United States v. Luong, 470 F.3d 898 (9th Cir. 2006) (colorable cause suffices for good-faith analysis if dispute among reasonable judges)
- United States v. Brown, 951 F.2d 999 (9th Cir. 1992) (officer consultation with government attorney supports good faith)
- United States v. Shi, 525 F.3d 709 (9th Cir. 2008) (knowledge of the offense relevant to voluntariness of waiver)
- United States v. Ogbuehi, 18 F.3d 807 (9th Cir. 1994) (do I need a lawyer? framing of attorney request and voluntariness)
- United States v. Davis, 512 U.S. 452 (1994) (clear standard for Miranda invocation and equivocal requests)