from the United States District Court for the Northern
District of Oklahoma (No. 16-CR-118-JHP-2)
Stephen J. Greubel, Senior Litigator (Julia L. O'Connell,
Federal Public Defender, Office of the Federal Public
Defender, with him on the briefs), Tulsa, Oklahoma, for
Defendant - Appellant.
Alam, Assistant United States Attorney (Loretta F. Radford,
Acting United States Attorney, and Janet S. Reincke,
Assistant United States Attorney, with her on the brief),
Office of the United States Attorney for the Northern
District of Oklahoma, Tulsa, Oklahoma, for Plaintiff -
MATHESON, BALDOCK, and EID, Circuit Judges.
MATHESON, CIRCUIT JUDGE.
Chambers was indicted on one count of being a felon in
possession of firearms and ammunition under 18 U.S.C.
§§ 922(g)(1) and 924(a)(2). Law enforcement
officers from Rogers County, Oklahoma discovered the firearms
after searching his home pursuant to a search warrant. They
had been investigating Kevin Chambers (Christopher's
brother) and Charity Drozd (collectively, "the
Pair"), who were suspected of selling methamphetamine
and were residing at Christopher Chambers's
he was indicted, Mr. Chambers moved to suppress the firearms
evidence. He argued the affidavit submitted in support of the
search warrant application failed to establish probable cause
and that the good-faith exception to the exclusionary rule
did not apply. The district court rejected these arguments
and denied the motion. Mr. Chambers pled guilty, reserving
the right to appeal the denial of his suppression motion,
which he has done here.
jurisdiction under 28 U.S.C. § 1291, we affirm. The
affidavit established a minimally sufficient nexus between
the place to be searched and the suspected criminal activity
to make the officers' reliance on the warrant reasonable.
The Investigation and Search
Officers' Investigation of the Pair
August 1, 2016, Rogers County officers monitored
communication between the Pair and a confidential police
informant (the "CI"). The Pair told the CI they
were returning to Rogers County from Tulsa with
methamphetamine. Ms. Drozd said they could not deliver drugs
to him that night because they needed to make other customer
deliveries. Officers arranged with the CI to make a
controlled buy from the Pair on the next day.
next morning, the Pair texted and called the CI, stating they
had awakened and would meet him soon. The three met and the
CI bought one gram of methamphetamine from the Pair for $100.
Law enforcement officers also monitored their communication
before and during the transaction. At the meeting, the Pair
bragged to the CI about how much methamphetamine they had.
After the transaction, officers met the CI to debrief him and
to secure the drugs, which tested positive as
gave directions to where the Pair lived. The officers in turn
confirmed that the location belonged to Kevin Chambers's
brother, Mr. Chambers, based on their previous encounters
The Search of Mr. Chambers's Home
August 6, 2016, Rogers County Deputy Sheriff Quaint Tucker
prepared an affidavit to search 11470 S. 4210 Road ("the
Address"), Mr. Chambers's residence. A Rogers County
District Judge signed the search warrant, which authorized
officers to seize methamphetamine and other items related to
drug dealing. On August 8, 2016, officers searched Mr.
Chambers's home. They encountered the Pair and Mr.
Chambers and detained them outside. In the home, they
discovered seven firearms loaded with ammunition. They also
recovered marijuana, methamphetamine, and drug paraphernalia.
Mr. Chambers was indicted for being a felon in possession of
firearms and ammunition under 18 U.S.C. §§
922(g)(1) and 924(a)(2). He had nine prior felonies.
Tucker's nine-page affidavit listed the Address on the
first page and contained aerial photos of the property on the
first two pages, including a label stating "Residence to
be searched" and an arrow pointing to the location. The
affidavit addressed four subjects: (1) a description of the
property and items to be seized, (2) Deputy Tucker's
training and experience, (3) drug traffickers' common
practices, and (4) facts to establish probable
cause. The fourth part was based mostly on
information from two sources: Deputy Tucker and the CI.
based on "his training and experience both formal and
informal, " ROA, Vol. I at 85, and information from the
investigation, Deputy Tucker said the Pair likely:
• are"career criminal [sic] involved in the
possession of narcotics." Id.
• "will keep and store items, like those sought in
this affidavit, at their residence." Id.
• "will store evidence, such as that sought in this
affidavit, throughout their property." Id.
• "will have in their residence and surrounding
property items used to ingest methamphetamine" and items
for methamphetamine distribution. Id. at 85-86.
the affidavit included facts about the CI's interactions
with the Pair on August 1 and 2, 2016. It also included:
• Kevin Chambers's statement to the CI about
encountering the police in July 2016 at a bank drive-thru
when he ...