United States v. Krupa
2011 WL 4526022
| 9th Cir. | 2011Background
- Krupa pleaded guilty to receiving materials depicting minors in sexual exploitation and challenged the denial of his suppression motion.
- Military police searched Krupa’s custody computers after consent initially granted, later revoked, at a military base (Edwards AFB) while a sergeant was abroad.
- A preliminary search uncovered a photo appearing to show a nude 15–17-year-old with the website tag nude-teens.com and 13 computers present in the residence.
- A later, full search proceeded under a military magistrate’s warrant after the consent revocation and the investigator’s illness.
- From the computers, investigators later found additional child pornography images after resuming the forensic search and obtaining a federal warrant; Krupa’s statement to an FBI agent was used to obtain the federal warrant.
- The district court denied suppression; the Ninth Circuit majority affirmed the denial, while Judge Berzon dissented.
- Note: The case discusses the applicable standard for probable cause and the Leon good-faith exception, with Battershell and Gates guiding the analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the search warrant | Krupa argues the affidavit lacked probable cause | Krupa argues the government’s evidence was insufficient | Probable cause was reasonably found by review |
| Effect of a single photograph on probable cause | Battershell controls; one photo insufficient | Contextual factors can supply probable cause | Single photo alone insufficient; context considered but lacking here |
| Leon good-faith exception applicability | Leon should exclude evidence | Good faith applies due to urgency and consent revocation | Court need not reach Leon issue because probable cause was reasonably found; majority affirms suppression denial |
| Implied civilian consent on base | Consent or implied access supports search | Consent was revoked; no implied consent to continue search | Affirmed denial of suppression without relying on implied consent |
Key Cases Cited
- United States v. Battershell, 457 F.3d 1048 (9th Cir. 2006) (two photographs plus totality of circumstances required probable cause)
- Gates v. Illinois, 462 U.S. 213 (1983) (totality of the circumstances; fair probability standard)
- Hill v. United States, 459 F.3d 966 (9th Cir. 2006) (probable cause and the particularity requirement for images on computers)
- Millender v. Los Angeles County, 620 F.3d 1016 (9th Cir. 2010) (great deference to magistrate’s probable cause; substantial basis required)
- United States v. Gourde, 440 F.3d 1065 (9th Cir. 2006) (en banc; context of website evidence and probable cause)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith reliance on a warrant; exception to exclusionary rule)
- Morgan v. United States, 323 F.3d 776 (9th Cir. 2003) (implied consent on base; not extending to all possessions)