{"id":6099,"date":"2011-11-25T15:02:43","date_gmt":"2011-10-03T09:10:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-10-03T09:10:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6099","title":{"rendered":"CA9: While close question, search at time was with PC, so good faith exception applied"},"content":{"rendered":"

United States v. Krupa<\/a>, 633 F.3d 1148 (9th Cir. 2011) (posted here<\/a>), is vacated on rehearing and a new opinion issued: While there arguably was no probable cause based on a later case, at the time of the search (2002) there appeared to be, so the good faith exception would be applied. United States v. Krupa<\/a>, 658 F.3d 1174 (9th Cir. 2011):<\/p>\n

The agent\u2019s affidavit presented to Colonel LaFave first set forth the agent\u2019s qualifications to conduct investigations of computers and recover digital evidence, as well as his experience in investigations related to computer crimes and child pornography. The affidavit then stated that base police, responding to a report of child neglect, determined that \u201cthere were several computers at the location and that there was no custodial parents at the house only an individual KRUPA who was not affiliated with the military.\u201d The affidavit stated that Krupa \u201chad care and custody of the residence,\u201d which included the 13 computer towers and two laptops. Reynolds\u2019 affidavit stated that during his initial investigation of the computers, before consent was withdrawn, he located \u201can image of suspected contraband,\u201d specifically a \u201cphotograph [that] appeared to be of a nude 15 to 17 year old female with a web site label of www.nude-teens.com.\u201d<\/p>\n

Although a close case, we conclude that Colonel LaFave reasonably concluded that there was probable cause to issue a search warrant. Reynolds\u2019 affidavit set forth his qualifications as a trained investigator of computers for computer crimes and child pornography. Accordingly, the Colonel was entitled to give some deference to the agent\u2019s statement that the photograph constituted an \u201cimage of suspected contraband,\u201d even though the affidavit\u2019s description of the photograph did not necessarily support the conclusion that the photograph constituted child pornography. Furthermore, the affidavit indicated that [*9] the police had responded to \u201ca report of child neglect,\u201d that no custodial parents were at the residence, that Krupa, who was not affiliated with the military, had care and custody of the residence, and that the residence contained 15 computers. In sum, the investigator\u2019s assertion that he had found an \u201cimage of suspected contraband\u201d \u2014 implicitly referring to child pornography \u2014 in computers seized from a home for which there had been a report of child neglect, and where there was no custodial parent present, created a \u201cfair probability\u201d that contraband or evidence would be found in the computers. See Gates, 462 U.S. at 238.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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