Friday, September 30, 2011

U.S. v. Krupa, No. 09-10396 (9-30-11) (Callahan with Wolle, Sr. D.J.; dissent by Berzon).

This is a computer search case redux. The 9th withdrew the original opinion, and reissued this. The 9th holds there was probable cause to support the issuance of a search warrant, albeit a close case. The defendant was watching the children of a serviceman, who was abroad. The military police were asked by an ex to check out the situation, and they were concerned with the conditions when they arrived at the home. In looking, an investigator saw what he believed was a suspicious photo. The 9th upheld the search because of the totality of circumstances, and the deference to the facts and qualifications known at the time. In dissent, Berzon argues that the seeing of a photo of a teen female was not sufficient probable cause.

U.S. v. The Business of the Custer Battlefield Museum and Store, No. 10-30222 (9-30-11) (Fisher with Gould and Paez).

The 9th holds that there is a qualified common law right of access to access materials filed in support of search warrants after the investigation has ended. There may be restrictions, but the government has to show a compelling reason.


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