United States v. Earl Franklin Fluker

John B. Foster, Earl Fluker and Willard Young appeal from convictions stemming from violations of 21 U.S.C. §§ 841 (a)(1), 844(a), and 846. Appellants Young and Fluker were found guilty by a jury of possession and of conspiracy to possess with intent to distribute various controlled substances, including heroin. Fluker was also convicted of possession of marijuana, a misdemeanor. Appellant Foster was acquitted of the substantive possession and conspiracy counts, but was convicted of simple possession under § 844(a). A substantial portion of the government’s case consisted of evidence acquired during a search of the apartments of appellants Young and Fluker. Prior to trial, the district court denied appellants’ motions to suppress the evidence obtained during the searches. On this appeal, appellants raise a number of issues involving, inter alia, the correctness of the district court’s ruling on the motions to suppress. Specifically, they contend that the affidavit supporting the search warrant for Young’s apartment used by the searching and arresting officers was insufficient to establish probable cause, and that the method in which the search warrant was executed violated 18…