United States v. Jack Bruce Folk, 2014 U.S. App. LEXIS 10929

In 2009 Palm Beach County deputies executed a warrant at 15544 86th Road (Folk/Brandow residence) seeking evidence of illicit oxycodone distribution; the warrant did not mention firearms.
During a lawful protective sweep and search for drugs, deputies observed a .30-.30 rifle and a 12-gauge semi-automatic shotgun in the master bedroom closet and Vitola (affiant) seized them, knowing Folk was a convicted felon.
Folk was later indicted under 18 U.S.C. § 922(g)(1) and § 924(e); he moved to suppress the firearms, arguing they were outside the warrant’s scope and not subject to plain view seizure.
At trial the government presented evidence showing Folk obtained the rifle and shotgun (gifts/transfers), maintained control (instructions from jail, phone calls, and transfer via an uncle), and expert testimony that both firearms had an interstate-manufacture nexus.
Folk also objected under Batson to the prosecutor’s peremptory strike of an African-American veniremember (Juror 21); the prosecutor gave race-neutral reasons (audibility concerns and juror’s acquaintance on probation).

Issue	Folk's Argument	Government's Argument	Held
1. Whether seizure of firearms violated Fourth Amendment because they were outside the warrant scope	Firearms not listed or implicated by affidavit; no indication they were drug-related	Firearms were either implicitly authorized as tools of the drug trade or seizable under plain view because officer knew Folk was a felon	Denied suppression; seizure valid under plain view doctrine
2. Whether the prosecutor’s peremptory strike of Juror 21 violated Batson	Strike was race-based; challenged as discriminatory	Strike was race-neutral: juror hard to hear and had acquaintance on probation	Batson challenge rejected; trial court credited prosecutor’s reasons
3. Sufficiency of evidence for § 922(g)(1) conviction (knowing possession & interstate nexus)	Evidence insufficient to prove constructive possession or interstate movement	Gift/transfer history, jail phone calls showing control, and expert testimony on manufacture locations establish possession and interstate nexus	Evidence sufficient; conviction affirmed
4. Cumulative and other evidentiary errors (raised but not extensively argued)	Trial errors deprived Folk of a fair trial	No abuse of discretion in evidentiary rulings; no cumulative reversible error	Rejected; no reversible error

Batson v. Kentucky, 476 U.S. 79 (establishes three-step Batson framework for race-based peremptory challenges)
Horton v. California, 496 U.S. 128 (plain view seizure requirements)
Miller-El v. Cockrell, 537 U.S. 322 (clarifies Batson burden-shifting and evaluation)
Purkett v. Elem, 514 U.S. 765 (race-neutral reasons need not be persuasive or plausible; court must assess sincerity)
United States v. Smith, 918 F.2d 1501 (firearms may be considered tools of the drug trade for warrant searches)
United States v. Terzado-Madruga, 897 F.2d 1099 (recognizing connection between weapons and narcotics trafficking)
United States v. Jackson, 120 F.3d 1226 (officers lawfully present may open containers/closets in executing narcotics warrants)
United States v. Clay, 355 F.3d 1281 (interstate-commerce element may be shown by manufacture location markings)