United States v. Long
2014 U.S. App. LEXIS 24169
| 10th Cir. | 2014Background
- Long was convicted of felon in possession of firearms, manufacturing cocaine base, possessing cocaine with intent to manufacture cocaine base, and possessing firearms in furtherance of drug trafficking.
- The appeal centers on the warrant affidavit used to seize evidence at 2146 South 109th East Avenue, Tulsa, Oklahoma.
- The affidavit alleged a reliable confidential informant recently observed cocaine packaged for distribution at the target residence.
- Officers found about 140 grams of cocaine, packaging materials, a digital scale, baking soda, and a CD titled 'Cokeland' with Long’s picture in the apartment.
- The CD image and proximity to cocaine raised questions about ownership and relevance; Long had tattoos and items linking to the alias 'Francis Whyte' found on the scene.
- A second warrant led to a search of Long’s house, yielding cash, ammunition, and marijuana; Franks and discovery motions were denied, and the CD was admitted at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause sufficiency for the apartment warrant | Long argues lack of identifying detail and insufficient corroboration. | State contends a reliable informant with knowledge suffices; no need to ID the suspect. | Probable cause satisfied; no need to identify individual. |
| Franks hearing entitlement | Long seeks a Franks hearing to challenge affiant's veracity. | No substantial showing of false statements; no Franks hearing needed. | Franks claim rejected; no discovery warranted. |
| Informant disclosure under Roviaro | Long seeks informant identity to aid defense. | Informant disclosure unnecessary when informant is a tipster providing probable cause. | Roviaro disclosure not required; no abuse of discretion. |
| Admission of CD evidence | CD prejudicial and of limited probative value. | CD has probative value and was properly admitted; prejudice not substantial. | CD admission affirmed; not an abuse of discretion. |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances approach to probable cause)
- Aguilar v. Texas, 378 U.S. 108 (1964) (informant credibility and underlying circumstances required)
- Spinelli v. United States, 393 U.S. 410 (1969) (requirement of corroboration of informant tips under Aguilar/Spinelli framework)
- Jones v. United States, 362 U.S. 257 (1960) (informant reliability as a factor in probable cause)
- Zurcher v. Stanford Daily, 436 U.S. 547 (1978) (search warrants; warrants need not name the person)
- United States v. Moralez, 908 F.2d 565 (10th Cir. 1990) (Roviaro disclosure and informant status considerations)
- Gaines v. Hess, 662 F.2d 1364 (10th Cir. 1981) (in camera informant testing as a tool for credibility)