The following excerpt is from United States v. Perkins, 850 F.3d 1109 (9th Cir. 2017):
7 Citing United States v. Krupa, 658 F.3d 1174 (9th Cir. 2011), the government gestures to the "circumstances" under which the images were found and argues that they support probable cause. In Krupa, we held that there was probable cause to search the defendant's computers, based on the "unquestionably suspicious" circumstances of "15 computers under the control of a civilian with no apparent ties to the military in a home on a military base in which children resided and for which the military police had received a report of child neglect." Id. at 117879. By contrast, Perkins was not found in an unusual place where his mere presence was questionable. He arrived in Toronto with his wife and mother-in-law after completing a cruise to Chile. No ongoing incident or contemporaneous report led Canadian border authorities to stop Perkins. No children were involved. Perkins was stopped only because of his prior convictions, which, as explained below, do not support probable cause. Given that he had been traveling, the amount of technology he was carrying (a laptop, digital camera, three memory cards, and a cell phone) was not suspicious. Moreover, a search of all these devices revealed only the two images as possible contraband. And, as it turned out, Perkins was not in possession of any contraband, i.e., child pornography, at the locus where he possessed the suspected images, in Canada. Krupa does not support the government's position.
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