CI Had Authority to Let Cops Into Storage Unit; Drug and Gun Convictions Affirmed

U.S. v. Trotter, --- F.3d ----, 2007 WL 1128851(10th Cir. April 17, 2007)

Ds, convicted of drug and gun counts, which involved cooperating witnesses, undercover cops and paid informants, raised a number of issues on appeal:

1. Suppression of evidence: A erstwhile co-conspirator turned informant let police into a storage unit Ds had confidential informant (CI) rent in CI’s name and to which they gave CI access, which held lots of bad evidence. Cops had no warrant and later obtained a warrant based upon what they saw there. 10th holds CI had actual authority to consent to police entry and no warrant was necessary.

2. Evidence sufficient on drug conspiracy and gun counts. Jury could reasonably find that handgun found in a locker in the storage unit where drugs and paraphernalia were kept was in furtherance of a drug trafficking offense in spite of D’s claim it was for personal security (also surveillance tapes showed that Ds conducted drug business inside storage unit).

3. Sentencing: unremarkable arguments and results.