- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Criminal Procedure
- Date Filed: 09-30-2011
- Case #: 09-10396
- Judge(s)/Court Below: Circuit Judge Callahan for the Court, District Judge Wolle, Dissent by Circuit Judge Berzon
- Full Text Opinion
Peter Krupa appeals his conditional guilty plea under 18 U.S.C § 2252(a)(2) for receiving material involving sexual exploitation of minors. Krupa argues that district court erred in denying his motion to suppress evidence seized from his computers. Krupa consented to the search but later revoked consent. The district court found that although there was not probable cause to issue a warrant based on the photo located during the initial search, the motion could be denied under the good-faith exception. The Ninth Circuit affirmed the district court’s denial, noting that great deference should be paid to a magistrate’s determination of probable cause by reviewing courts. The Ninth Circuit found that there was probable cause to issue the search warrant. The court reasoned that under the totality of the circumstances the investigator’s report that he had found an “image of suspected contraband” in a computer that was seized from a home where there had been a report of child neglect and no custodial parent present was sufficient to create a “‘fair probability’ that contraband or evidence would be found.” The Ninth Circuit further noted that even if they had not found probable cause, the court would still affirm the district court on the finding that the warrant fit within the good-faith exception. AFFIRMED.