United States v. Banks, 884 F.3d 998

Background

2014 investigation into Rollin 90s Crips (led by Daryl Ingram) produced a 24-count indictment charging Banks and co-defendants with drug conspiracy, money laundering, and related drug, gun, and witness-tampering offenses; Banks convicted on 16 counts and sentenced to life plus 60 months.
Evidence included testimony from former gang members, travel/photographs linking defendants, recorded jail calls, witnesses who saw Banks with cocaine base, and two arrests in 2014 where large quantities of cocaine base (and firearms) were found in residences tied to Banks.
July 2014 arrest: consensual search at Lillie Nelson’s home located ~130 g cocaine base and $1,500 in a closet; Evans claimed responsibility but recorded call suggested Banks claimed the drugs were his.
November 2014 arrest: officers located Banks after T-Mobile ‘ping’ (real-time location) following an informant’s report that Banks threatened to shoot an informant; after a standoff Banks surrendered; officers conducted a protective sweep and found drugs, guns, and items consistent with cocaine-base manufacturing, plus large cash sums.
Trial evidence also showed Banks directed girlfriends and his mother to buy money orders and make deposits to California accounts and addresses associated with Ingram; jury convicted on drug, money-laundering, firearm, and witness-tampering counts.

Issues

Issue	Plaintiff's Argument (Banks)	Defendant's Argument (Government)	Held
Probable cause for state arrest warrant	Affidavit relied on unreliable informants, omitted exculpatory facts about July arrest; no controlled buys	Informants corroborated each other; police independently corroborated details; omissions wouldn't defeat probable cause	Affidavit provided substantial basis for probable cause; suppression denied
Ping/real-time phone location	Ping/order lacked probable cause and violated SCA/Oklahoma law; evidence should be suppressed	Probable cause existed; alternatively, exigent circumstances justified real-time ping; statutory violation (if any) doesn't warrant suppression	Court assumed (without deciding) ping is a search but held exigent circumstances justified real-time ping; suppression denied
Protective sweep of Spencer house	Sweep unreasonable: arrest occurred outside house, insufficient articulable facts Cade was inside or dangerous; sweep exceeded Buie limits	Officers reasonably suspected a dangerous third (Tyree Cade) was inside based on threatened call, prior associations, sounds/gutter movement during standoff	Sweep was reasonable under Buie (and related circuit precedent); plain-view seizures upheld (wallet opening harmless; Oster bag lawful and inventory search valid)
Sufficiency of evidence for convictions (possession, manufacturing, conspiracy, money laundering, witness tampering)	Evidence circumstantial and inadequate to link Banks to drugs, guns, manufacturing, conspiratorial coordination, laundering intent, or tampering	Testimony (girlfriends, mother, informants), recorded statements, physical evidence, money trail to Ingram, and other corroboration established each element beyond reasonable doubt	Viewing evidence in government’s favor, a rational jury could convict on all counts; convictions affirmed

Key Cases Cited

Illinois v. Gates, 462 U.S. 213 (probable cause analysis uses totality of the circumstances)
Maryland v. Buie, 494 U.S. 325 (protective-sweep doctrine; limited cursory search for persons who may pose danger)
Horton v. California, 496 U.S. 128 (plain-view seizure doctrine when initial intrusion lawful)
United States v. Mathis, 357 F.3d 1200 (10th Cir.) (no particular method of corroboration required for informant tips)
United States v. Hauk, 412 F.3d 1179 (10th Cir.) (standard of review for suppression findings)
United States v. Perrine, 518 F.3d 1196 (10th Cir.) (SCA violations provide statutory remedies; exclusionary rule not automatic)
United States v. Sparks, 791 F.3d 1188 (10th Cir.) (standard for sufficiency review; witness-tampering precedent)