United States v. Bernard Hugh Chase

Chase appeals his convictions for narcotics offenses in violation of 21 U.S.C. § 841 (a) and illegal use of a firearm in violation of 18 U.S.C. § 924 (c)(2). He contends that: (1) the warrantless securing of his residence was unlawful because no exigency existed; (2) the fruits of a search of his residence should have been suppressed because the search warrant affidavit contained intentionally false information or information supplied with reckless disregard for the truth; and (3) the evidence is insufficient to support a conviction for illegal use of a firearm. We affirm.

Eisenberg was arrested for drug related offenses and, thereafter, cooperated with Narcotics Task Force (NTF) agents in soliciting a sale of cocaine from Chase. By prearrangement, NTF agents observed Eisenberg enter and leave Chase’s residence and verified that he had purchased four ounces of cocaine. One of the NTF agents immediately left to secure a search warrant while other agents continued the surveillance of Chase’s residence.

Approximately one-half hour later, the agents observed a woman leave Chase’s residence and drive away in a station wagon. The NTF agents immediately radioed a uniformed patrolman to…