United States v. Krupa
658 F.3d 1174
| 9th Cir. | 2011Background
- Krupa, a civilian, was caring for Sgt. Velasco's on-base children when police responded to a report of child neglect on April 12, 2002.
- The home contained 13 computer towers and two laptops; Krupa initially consented to a computer search.
- Agent Reynolds located an image that appeared to be a nude 15–17-year-old on one computer described with a website label nude-teens.com.
- Consent to search was later revoked by Krupa, and the search continued under a military warrant obtained April 29, 2002, by Colonel LaFave after Reynolds was hospitalized.
- The subsequent investigation yielded 52 images and 48 movies of child pornography on the computers.
- Krupa pled guilty to receipt of materials depicting sexual exploitation of minors, preserving his right to appeal the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to issue the search warrant for Krupa's computers? | Krupa | Krupa | Probable cause existed; warrant valid or, alternatively, good-faith exception applies |
| Does the good-faith exception apply if probable cause is borderline or lacking? | Krupa | Krupa | Yes, good-faith exception applies if colorable argument for probable cause existed |
| Did Krupa's revocation of consent or implied consent on a military base affect the warrant's validity? | Krupa | Krupa | Court treated consent revocation as not defeating warrant validity given probable cause or Leon exception |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (1983) (probable cause requires a fair probability under totality of the circumstances)
- United States v. Battershell, 457 F.3d 1048 (9th Cir. 2006) (single nude image insufficient; totality may establish probable cause)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith reliance on a warrant under the exclusionary rule)
- United States v. Hill, 459 F.3d 966 (9th Cir. 2006) (great deference to magistrate’s probable-cause findings but review for clear error)
- Gourde v. United States, 440 F.3d 1065 (9th Cir. 2006) (probable cause must be a reasonable probability of finding evidence; not a mere suspicion)
- Crowe v. County of San Diego, 608 F.3d 406 (9th Cir. 2010) (limits review to four corners of the affidavit)
- United States v. Crews, 502 F.3d 1130 (9th Cir. 2007) (good-faith reliance framework for warrant applications)
- United States v. Shi, 525 F.3d 709 (9th Cir. 2008) (colorable argument for probable cause required for Leon exception)
- Millender v. Los Angeles County, 620 F.3d 1016 (9th Cir. 2010) (totality-of-the-circumstances approach to probable cause)
- Weber v. United States, 923 F.2d 1338 (9th Cir. 1990) (affidavits must provide evidence supporting probable cause beyond boilerplate)
- United States v. Hay, 231 F.3d 630 (9th Cir. 2000) (probable cause standard under Gates and totality test)