United States v. Faulkner, No. 15-2252 (8th Cir. 2016)
Annotate this CaseDefendant was convicted of two counts of being a felon in possession of firearms and ammunition under the Armed Career Criminal Act (ACCA), in violation of 18 U.S.C. 922(g)(1) and 924(e)(1). The court agreed with the magistrate judge's determination that probable cause existed to support the GPS tracking warrant where, in considering the totality of the circumstances, the corroborated information established that the confidential reliable informant (CRI) was providing accurate information about verifiable details. The fact that those corroborated details were not about criminal activity does not subtract from the probable cause analysis. Furthermore, defendant's arguments about the geographical location of the vehicle or any possible state law violations are without merit. The court also concluded that the affidavits supporting the search warrant for the Hamline and Irving residences and the Avalanche vehicle established that there was a reasonable probability that a search of the premises and vehicle would lead to the discovery of evidence. Because the court found that there was probable cause based upon the affidavits to support issuance of the warrants, defendant's arguments about their anticipatory nature are without merit. The court further concluded that the CRI was correctly considered a "mere tipster" and disclosure of his identity was not required. Finally, the district court correctly found that the prior two drug convictions at issue were separate ACCA predicates. The court affirmed the judgment.
Court Description: Beam, Author, with Murphy and Gruender, Circuit Judges] Criminal case - Criminal law and sentencing. Police affidavit established probable cause to place a GPS tracking device on defendant's vehicle; fact that officers placed the GPS on the car when it was outside the county where the warrant was issued was not a Fourth Amendment violation; search warrant applications for defendant's residences and vehicle were supported by probable cause to believe evidence of drug dealing would be found in these locations; the confidential informant in the case was a "mere tipster" and disclosure of his identity was not required; while defendant's two federal convictions for conspiracy to distribute cocaine and possession of cocaine with intent to distribute were charged in the same indictment, they were separate criminal incidents and counted as two convictions for Armed Career Criminal Act sentencing purposes.
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