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United States of America v. Corey Shamon McKinney

Date: 01-05-2023

Case Number: 21-5074

Judge: Stephanie K. Seymour

Court: United States Court of Appeals for the Tenth Circuit on appeal from the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney: United States Attorney’s Office in Tulsa

Defendant's Attorney:











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Description:
Tulsa, Oklahoma criminal defense lawyer represented Defendant charged with federal firearm and drug offenses.







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Defendant Corey Shamon McKinney was charged with federal firearm and drug

offenses. He moved to suppress evidence recovered during two searches at his residence.

The related search warrants were supported by officer affidavits that included

information obtained from a reliable confidential informant ("RCI”). After the district

court denied his motion to suppress, he was convicted and sentenced to one hundred

thirty-seven months in prison.



***



[P}robable cause may properly be supported by hearsay or information

supplied by an informant. See Franks, 438 U.S. at 165. Courts take a "totality of the

circumstances” approach when making a probable cause determination based on an

informant's tip. United States v. Hendrix, 664 F.3d 1334, 1338 (10th Cir. 2011).

Relevant factors include "the informant's veracity, reliability, and basis of knowledge.”

Id. "[A] deficiency in one factor may be compensated for by a strong showing of another

or by other indicia of reliability.” United States v. Quezada-Enriquez, 567 F.3d 1228,

1233 (10th Cir. 2009). Here, even if the basis of the RCI's information was not clear or

was in some way lacking, it was bolstered by the RCI's documented history of providing

the TPD with reliable information.
Outcome:
Based on the foregoing, we are not persuaded that defendant’s Fourth Amendment

rights have been violated or that he is entitled to an evidentiary hearing under Franks.



Accordingly, we affirm
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of United States of America v. Corey Shamon McKinney?

The outcome was: Based on the foregoing, we are not persuaded that defendant’s Fourth Amendment rights have been violated or that he is entitled to an evidentiary hearing under Franks. Accordingly, we affirm

Which court heard United States of America v. Corey Shamon McKinney?

This case was heard in United States Court of Appeals for the Tenth Circuit on appeal from the Northern District of Oklahoma (Tulsa County), OK. The presiding judge was Stephanie K. Seymour.

Who were the attorneys in United States of America v. Corey Shamon McKinney?

Plaintiff's attorney: United States Attorney’s Office in Tulsa. Defendant's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best Tulsa Criminal Defense Lawyer Directory If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer for free..

When was United States of America v. Corey Shamon McKinney decided?

This case was decided on January 5, 2023.