United States v. Raul Reyes, 798 F.2d 380 (10th Cir. 1986). · Go Syfert
United States v. Raul Reyes, 798 F.2d 380 (10th Cir. 1986). Cases Citing This Book View Copy Cite
206 citation events (83 in the last 25 years) across 32 distinct courts.
Strongest positive: State of Texas v. Powell, Robert Leahy (texcrimapp, 2010-03-03)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Texas v. Powell, Robert Leahy (2×) also: Cited as authority (rule)
Tex. Crim. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
seizure of a specific item characteristic of a generic class of items defined in the warrant did not constitute an impermissible general search
discussed Cited as authority (rule) State v. Groce
unknown court · 2025 · confidence medium
United States v. Peters, 92 F.3d 768 (8th Cir. 1996) (“the general term ‘records’ adequately covered the search of records in audio cassette form”); United States v. Lucas, 932 F.2d 1210, 1215-16 (8th Cir. 1991) (government could seize an answering machine and cassette tape because the warrant’s authorization to seize records was sufficiently particular to include cassette tapes); United States v. Reyes, 798 F.2d 380, 382-83 (10th Cir. 1986) (warrant permitting the seizure of “drug trafficking records . . . identifying cocaine customers, sources, [etc.]” authorized agents to take…
discussed Cited as authority (rule) State v. Walker
unknown court · 2025 · confidence medium
United States v. Peters, 92 F.3d 768 (8th Cir. 1996) (“the general term ‘records’ adequately covered the search of records in audio cassette form”); United States v. Lucas, 932 F.2d 1210, 1215-16 (8th Cir. 1991) (government could seize an answering machine and cassette tape because the warrant’s authorization to seize records was sufficiently particular to include cassette tapes); United States v. Reyes, 798 F.2d 380, 382-83 (10th Cir. 1986) (warrant permitting the seizure of “drug trafficking records . . . identifying cocaine customers, sources, [etc.]” authorized agents to take…
discussed Cited as authority (rule) United States v. Mora (2×) also: Cited "see, e.g."
10th Cir. · 2021 · confidence medium
Sanchez, 555 F.3d at 914 (corroborating suspicion about the location of drugs with an officer’s observations of telephone conservations and a resident’s presence at drug buys); Reyes, 798 F.2d at 382 (upholding 9 a probable cause determination based on the results of a five-month investigation).
discussed Cited as authority (rule) United States v. Clark
10th Cir. · 2013 · confidence medium
In order for a statement to be "in furtherance of the conspiracy” it must be "intended to promote the conspiratorial objectives.” United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986) (quoting United States v. Hamilton, 689 F.2d 1262, 1270 (6th Cir.1982)) (internal quotation marks omitted). 17 .
discussed Cited as authority (rule) Bradley v. State
Del. · 2012 · confidence medium
See United States v. Giberson, 527 F.3d 882, 886-87 (9th Cir.2008) (holding that search warrant describing particular documents authorized seizure of computer which agents reasonably believed would contain those documents); United States v. Reyes, 798 F.2d 380, 383 (10th Cir.1986) (recognizing that, “in the age of modern technology, ... the warrant could not be expected to describe with exactitude the precise form the records would take”).
discussed Cited as authority (rule) United States v. Blechman
D. Kan. · 2011 · confidence medium
“Statements by a conspirator are in furtherance of the conspiracy when they are ‘intended to promote the conspiratorial objectives.’ ” United States v. Townley, 472 F.3d 1267, 1273 (10th Cir.) (quoting United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986)), cert. denied, 551 U.S. 1172 , 127 S.Ct. 3069 , 168 L.Ed.2d 777 (2007).
cited Cited as authority (rule) United States v. Rivera-Carrera
10th Cir. · 2010 · confidence medium
“In furtherance” means that the statements “are intended to promote the conspiratorial objectives.” United States v. Reyes, 798 F.2d 380, 384 (10th *818 Cir.1986) (internal citations omitted).
discussed Cited as authority (rule) State of Texas v. Powell, Robert Leahy (2×)
Tex. Crim. App. · 2010 · confidence medium
But, with the State having lost in the trial court, we believe that supplying such an inference would not be viewing the evidence in the light most favorable to the trial court’s ruling in favor of appellee. 13 The State also appears to argue that the safes could have been seized as described-in-the- warrant items because they are the “functional equivalent” of the described-in-the-warrant “checks and materials to make forged checks.” We disagree that these items are functionally equivalent since we do not believe that even a broad construction of “checks and materials to make forg…
examined Cited as authority (rule) State v. Powell (4×)
Tex. Crim. App. · 2010 · confidence medium
But, with the State having lost in the trial court, we believe that supplying such an inference would not be viewing the evidence in the light most favorable to the trial court's ruling in favor of appellee. [13] The State also appears to argue that the safes could have been seized as described-in-the-warrant items because they are the "functional equivalent" of the described-in-the-warrant "checks and materials to make forged checks." We disagree that these items are functionally equivalent since we do not believe that even a broad construction of "checks and materials to make forged checks" …
discussed Cited as authority (rule) United States v. Richard
10th Cir. · 2009 · confidence medium
On one hand, Defendant cites our decision in United States v. Rowland, 145 F.3d 1194, 1204 (10th Cir.1998) for the proposition that probable cause ‘to search a person’s residence does not arise based solely upon probable cause that the person is guilty of a crime.' We noted, in that case, that ‘additional evidence’ must link a defendant's home to 'the suspected criminal activity.' On the other hand, the Government relies on a line of cases associated with United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986), which suggest that evidence indicating a defendant is a drug trafficker i…
examined Cited as authority (rule) United States v. Biglow (3×) also: Cited "see, e.g."
10th Cir. · 2009 · confidence medium
On the other hand, the Government relies on a line of cases associated with United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986), which suggest that evidence indicating a defendant is a drug trafficker is alone sufficient to establish probable cause to search that defendant’s residence for drugs and related evidence.
discussed Cited as authority (rule) State v. King (2×)
Wis. Ct. App. · 2008 · confidence medium
See United States v. Pruneda, 518 F.3d 597, 604 (8th Cir.2008) (In light of a "suggested ... ongoing drug conspiracy," information in support of search warrant that was collected over several months was not stale.); United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986) (In light of alleged on-going conspiracy, five-month lapse did not make information in support of warrant "impermissibly stale.").
cited Cited as authority (rule) United States v. Miller
D. Kan. · 2008 · confidence medium
Id.(quoting United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986)). .
discussed Cited as authority (rule) United States v. Goberson
9th Cir. · 2008 · confidence medium
Later, in United States v. Reyes, we reaffirmed this principle, holding that a search warrant authorizing the seizure of drug trafficking records, ledgers, or writings related to drug trafficking also permitted agents to seize a cassette tape. 798 F.2d 380, 383 (10th Cir.1986).
discussed Cited as authority (rule) United States v. Giberson
9th Cir. · 2008 · confidence medium
Later, in United States v. Reyes, we reaffirmed this principle, holding that a search warrant authorizing the seizure of drug trafficking records, ledgers, or writings related to drug trafficking also permitted agents to seize a cassette tape. 798 F.2d 380, 383 (10th Cir.1986).
cited Cited as authority (rule) United States v. Beckett
S.D. Fla. · 2008 · confidence medium
United States v. Reyes, 798 F.2d 380, 382-83 (10th Cir.1986).
discussed Cited as authority (rule) United States v. Weaver (2×) also: Cited "see"
3rd Cir. · 2007 · confidence medium
The court of appeals rejected that argument, expressly noting that it “rejeet[ed] the defendant’s proposition that the statements must actually further the conspiracy to be admissible.” 798 F.2d at 384 (emphasis in original).
discussed Cited as authority (rule) United States v. Weaver (2×) also: Cited "see"
3rd Cir. · 2007 · confidence medium
The court of appeals rejected that argument, expressly noting that it “reject[ed] the defendant’s proposition that the statements must actually further the conspiracy to be admissible.” 798 F.2d at 384 (emphasis in original).
discussed Cited as authority (rule) United States v. Cortez (2×) also: Cited "see"
10th Cir. · 2007 · confidence medium
“Statements by a conspirator are in furtherance of the conspiracy when they are ‘intended to promote the conspiratorial objectives.’ ” Townley, 472 F.3d at 1273 (quoting United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986)).
cited Cited as authority (rule) United States v. Baines
D.N.M. · 2007 · confidence medium
A statement is “in furtherance of the conspiracy” if it is “intended to promote the conspiratorial objectives.” United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986).
discussed Cited as authority (rule) United States v. Townley (2×) also: Cited "see"
10th Cir. · 2007 · confidence medium
Rule 801(d)(2)(E) provides that “[a] statement is not hearsay if ... [t]he statement is offered against a party and is ... a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.” 2 Statements by a conspirator are in furtherance of the conspiracy when they are “intended to promote the conspiratorial objectives.” United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986) (quotation omitted).
discussed Cited as authority (rule) United States v. Perry
10th Cir. · 2001 · confidence medium
We believe the district court was correct to find that these passages authorized seizure of the numbers from the Caller ID box. “[I]n the age of modern technology and commercial availability of various forms of items, the warrant could not be expected to describe with exactitude the precise form the records would take.” United States v. Reyes, 798 F.2d 380, 383 (10th Cir.1986) (finding that a warrant authorizing seizure of “drug trafficking records, ledgers, or writings identifying cocaine customers [and] sources” allowed seizure of cassette tapes containing discussions of drug activit…
discussed Cited as authority (rule) United States v. Iiland (2×)
10th Cir. · 2001 · confidence medium
See Le, 173 F.3d at 1266-67 ("passage of time is not of critical importance" where offense ongoing); United States v. Reyes, 798 F.2d 380, 382 (10th Cir. 1986) (not stale where "repeated drug offenses at several month intervals"); United States v. Sherman, 576 F.2d 292, 295-96 (10th Cir. 1978) (affidavit valid where activities "continuous in nature").
examined Cited as authority (rule) People v. Gall (4×)
Colo. · 2001 · confidence medium
See Hill, 19 F.3d at 987-89 (check stubs as functional equivalent of cash disbursement journals), cert. denied, 513 U.S. 929 , 115 S.Ct. 320 , 130 L.Ed.2d 281 (1994); United States v. Word, 806 F.2d 658, 661 (6th Cir.1986) (patient sign-in sheets, receptionist day sheets, encounter sheets and forms, and admission records deemed to be the functional equivalent of medical records, payment records, and appointment records), cert. denied, 480 U.S. 922 , 107 S.Ct. 1383 , 94 L.Ed.2d 697 (1987); United States v. Reyes, 798 F.2d 380, 383 (10th Cir.1986) (cassette tapes as functional equivalent of writ…
examined Cited as authority (rule) United States v. Patrick Carey (4×) also: Cited "see"
10th Cir. · 1999 · confidence medium
Although this case did not arise in the context of a computer search, we find the concept of "intermingled documents" helpful here 7 The government contends Mr. Carey would have been "equally guilty had he possessed this material in the form of a book, a magazine, or a film." And in United States v. Reyes, 798 F.2d 380, 383 (10th Cir.1986), we explained "in the age of modern technology and the commercial availability of various forms of items, the warrant could not be expected to describe with exactitude the precise form the records would take" because drug records might be found in cassettes,…
discussed Cited as authority (rule) United States v. Carey (2×) also: Cited "see"
10th Cir. · 1999 · confidence medium
Although this case did not arise in the context of a computer search, we find the concept of “intermingled documents” helpful here. 7 The government contends Mr. Carey would have been “equally guilty had he possessed this material in the form of a book, a magazine, or a film.” And in United States v. Reyes, 798 F.2d 380, 383 (10th Cir. 1986), we explained “in the age of modern technology and the commercial availability of various forms of items, the warrant could not be expected to describe with exactitude the precise form the records would take” because drug records might be found…
discussed Cited as authority (rule) 1998-2 Trade Cases P 72,307, 12 Fla. L. Weekly Fed. C 217 City of Tuscaloosa Municipal Utilities Board of Albertville, Auburn Water Works Board Jasper Water Works and Sewer Board, Inc., Plaintiffs-Intervenors-Appellants v. Harcros Chemicals, Inc. Jones Chemicals, Inc.
11th Cir. · 1999 · confidence medium
Statements made to solicit membership or participation in the conspiracy, for example, see United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir.1984), or statements explaining the conspiracy to a new member, see United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986), are made in furtherance of the conspiracy.
discussed Cited as authority (rule) United States v. LiCausi
1st Cir. · 1999 · confidence medium
We have observed in the past that “there is no ‘talismanic formula for ascertaining when a conspirator’s statements are ‘in furtherance’ of the conspiracy.’” See id. at 194 (quoting United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986)).
discussed Cited as authority (rule) United States v. LiCausi
1st Cir. · 1999 · confidence medium
We have observed in the past that "there is no 'talismanic formula for ascertaining when a conspirator's statements are 'in furtherance' of the conspiracy.'" See id. at 194 (quoting United States v. Reyes, 798 F.2d 380, 384 (10th Cir. 1986)).
cited Cited as authority (rule) United States v. Martin Barajas-Chavez
10th Cir. · 1999 · signal: cf. · confidence medium
Cf. United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986) (“This Circuit has no talismanic formula for ascertaining when a conspirator’s statements are ‘in furtherance’ of the conspiracy.”).
discussed Cited as authority (rule) City of Tuscaloosa v. Harcros Chem.
11th Cir. · 1998 · confidence medium
Statements made to solicit membership or participation in the conspiracy, for example, see United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir. 1984), or statements explaining the conspiracy to a new member, see United States v. Reyes, 798 F.2d 380, 384 (10th Cir. 1986), are made in furtherance of the conspiracy.
discussed Cited as authority (rule) City of Tuscaloosa v. Harcros Chemicals, Inc.
11th Cir. · 1998 · confidence medium
Statements made to solicit membership or participation in the conspiracy, for example, see United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir.1984), or statements explaining the conspiracy to a new member, see United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986), are made in furtherance of the conspiracy.
discussed Cited as authority (rule) United States v. Muse (2×) also: Cited "see"
4th Cir. · 1998 · confidence medium
See Sgro v. United States, 287 U.S. 206, 210 (1932); United States v. Reyes, 798 F.2d 380, 382 (10th Cir. 1986).
cited Cited as authority (rule) United States v. Wilson
10th Cir. · 1998 · confidence medium
United States v. Reyes, 798 F.2d 380, 382 (10th Cir. 1986); see also Gates, 462 U.S. at 236 .
cited Cited as authority (rule) United States v. Stephen W. Wilson, (n.d.okla.)
10th Cir. · 1998 · confidence medium
United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986); see also Gates, 462 U.S. at 236 .
discussed Cited as authority (rule) United States v. Bobby Gene Richardson
10th Cir. · 1996 · confidence medium
“An affidavit in support of a search warrant must provide a substantial basis for determining the existence of probable cause; that there is a fair probability that evidence of a crime will be found in the place to be searched.” United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986)(citing Massachusetts v. Upton, 466 U.S. 727, 732-33 , 104 S.Ct. 2085, 2087-88 , 80 L.Ed.2d 721 (1984)).
discussed Cited as authority (rule) United States v. Grubb
10th Cir. · 1996 · confidence medium
Probable cause is not determined by merely counting the number of days from the facts relied upon and the issuance of a warrant, United States v. Reyes, 798 F.2d 380, 382 (10th Cir. 1986); rather, circumstances must exist from which it may be inferred that the grounds for the warrant will continue up to the time of the search.
discussed Cited as authority (rule) United States v. Schultz
N.D. Iowa · 1996 · confidence medium
United States v. McGlory, 968 F.2d 309, 331 (3d Cir.) (exhibits that were originally notes found in trash contained distinctive characteristics linking them to defendant) (citing United States v. Baker, 855 F.2d 1353, 1359 (8th Cir.1988), cert. denied, 490 U.S. 1069 , 109 S.Ct. 2072 , 104 L.Ed.2d 636 (1989)), cert. denied, 506 U.S. 956 , 113 S.Ct. 415 , 121 L.Ed.2d 339 (1992); United States v. Baker, 855 F.2d 1353, 1359 (8th Cir.1988) (where all of exhibits introduced into evidence contained distinctive characteristics linking the items to the defendant, no abuse of discretion in admitting exh…
cited Cited as authority (rule) United States v. Wilfred Ernesto Mares, A/K/A Ernie Mares
10th Cir. · 1995 · confidence medium
United States v. Harmon, 918 F.2d 115, 117 (10th Cir. 1990); United States v. Reyes, 798 F.2d 380, 383 (10th Cir. 1986).
discussed Cited as authority (rule) Guerra v. State (2×)
Wyo. · 1995 · confidence medium
United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986); Mustafoski v. State, 867 P.2d 824, 828 (Alaska App.1994).
discussed Cited as authority (rule) United States v. James Anthony Ross, Kevin T. Tate, Edward P. James, Mansour W. Saikaly, James Dillehay, and Milton English
6th Cir. · 1995 · confidence medium
United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986) 5 The district court's denial of Dillehay's suppression motion is also justified by the Leon exception which makes the exclusionary rule inapplicable to evidence obtained "in objectively reasonable reliance on a subsequently invalidated search warrant." United States v. Leon, 468 U.S. 897, 922 , 82 L.Ed.2d 677 (1984).
discussed Cited as authority (rule) United States v. Fred Shores, Jr.
4th Cir. · 1994 · confidence medium
See United States v. Nazemian, 948 F.2d 522, 529 (9th Cir.1991), cert. denied, — U.S.-, 113 S.Ct. 107 , 121 L.Ed.2d 65 (1992); United States v. Wolf, *444 839 F.2d 1387, 1393 (10th Cir.), cert. denied, 488 U.S. 923 , 109 S.Ct. 304 , 102 L.Ed.2d 323 (1988); United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986); United States v. Hamilton, 689 F.2d 1262, 1270 (6th Cir.1982), cert. denied, 469 U.S. 1117 , 103 S.Ct. 753 , 754, 74 L.Ed.2d 971 (1983).
discussed Cited as authority (rule) United States v. Chadwick Cestnik
10th Cir. · 1994 · confidence medium
In general, a statement furthers a conspiracy if it is " 'intended to promote the conspiratorial objectives.' " United States v. Smith, 833 F.2d 213, 219 (10th Cir.1987) (quoting United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986)).
discussed Cited as authority (rule) United States v. Ralph Cervera
10th Cir. · 1994 · confidence medium
United States v. $ 149,442.43 in U.S. Currency, 965 F.2d 868 , 873 (10th Cir.1992); United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986) (passage of time is of diminished significance where the activity is protracted and continuous).
cited Cited as authority (rule) United States v. McKee
D. Kan. · 1994 · confidence medium
United States v. Reyes, 798 F.2d at 382 (10th Cir.1986).
discussed Cited as authority (rule) United States v. Oscar J. Perez (2×) also: Cited "see, e.g."
10th Cir. · 1993 · confidence medium
“Conversely, statements are admissible under the coconspirator exception if they are intended ‘ “to promote the conspiratorial objectives.” ’ ” Wolf, 839 F.2d at 1393 (quoting United States v. Reyes, 798 F.2d 380, 384 (10th Cir.1986)).
discussed Cited as authority (rule) State v. Horton (2×)
Utah Ct. App. · 1993 · confidence medium
Based on the above information, the magistrate concluded that sufficient probable cause existed to believe evidence linking Horton to the burglaries would likely be present in his home, even though the affidavit did not specifically state that the confidential informant had seen the items at Horton’s residence. 3 See United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986) (“[i]t is reasonable to assume that certain types of evidence would be kept at a defendant’s residence and an affidavit need not contain personal observations that a defendant did keep such evidence at his residence�…
discussed Cited as authority (rule) State v. Godbersen
Iowa · 1992 · confidence medium
The affidavit need not contain personal observations that such evidence was kept at the residences.”); United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986) (“Reyes complains that the information in the affidavit contained no specific link to his residence_ It is reasonable to assume that certain types of evidence would be kept at a defendant’s residence and an affidavit need not contain personal observations that a defendant did keep such evidence at his residence.”); United States v. Fama, 758 F.2d 834, 838 (2d Cir.1985) (“Agent Garcia had stated in the affidavit that his ten y…
discussed Cited as authority (rule) Gregg v. State (2×)
Okla. Crim. App. · 1992 · confidence medium
Rather, “timeliness depends upon the nature of the underlying circumstances and concepts.” United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Raul REYES, Defendant-Appellant
85-1540.
Court of Appeals for the Tenth Circuit.
Jul 29, 1986.
798 F.2d 380
1986 U.S. App. LEXIS 27506
Presiliano A. Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on brief), Albuquerque, N.M., for plaintiff-appellee United States., Ted W. Cassman (Penelope M. Cooper and Cristina C. Arguedas with him on brief), of Cooper & Arguedas, Berkeley, Cal., for defendant-appellant Raul Reyes.
Barrett, McKAY, Theis.
Cited by 121 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: W.D. Oklahoma (1)
THEIS, District Judge.

Raul Reyes appeals his conviction for conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846. Reyes asserts the following grounds of error on appeal: (1) the search warrant affidavit lacked probable cause; (2) the execu[*382] ting agents exceeded the scope of the search warrant; (3) certain handwritten notes and a cassette tape were erroneously admitted into evidence; and (4) the trial court improperly allowed a co-conspirator to testify at trial.

I. THE SEARCH WARRANT AFFIDAVIT

Reyes moved to suppress an audio cassette tape seized from his residence during the execution of a search warrant on November 2, 1984. The trial court held a hearing on the matter and denied the suppression motion. The affidavit in support of the search warrant was prepared by a special agent who had an extensive background in drug trafficking investigations. The affidavit provided specific information about Reyes’ participation in receipt of cocaine shipments and his role as a financial backer of certain drug transactions. In particular, the affidavit recited the contention of William Ayala, a government informant, that he had delivered fifteen kilograms of cocaine to Reyes over two occasions, in October of 1983 and January of 1984. Ayala also referred to Reyes’ involvement in a drug transaction which had not been completed due to the seizure of a kilo and a half of cocaine at Las Cruces, New Mexico, on May 29, 1984. Furthermore, the affidavit mentioned the practice of various members of the conspiracy to maintain records of their associates.

Reyes argues that the search warrant affidavit was defective in two respects. First, he contends that the information contained in the warrant was stale, since five months elapsed between the Las Cruces seizure on May 29, 1984, and the issuance of the warrant on October 30, 1984. Second, Reyes claims that the affidavit did not refer to the conducting of any unlawful activities at Reyes’ residence, the place to be searched.

An affidavit in support of a search warrant must provide a substantial basis for determining the existence of probable cause; that there is a fair probability that evidence of a crime will be found in the place to be searched. Massachusetts v. Upton, 466 U.S. 727, 104 S.Ct. 2085, 2088, 80 L.Ed.2d 721 (1984). Timeliness is nót determined by counting the number of days or months between the occurrence of the facts relied upon and the issuance of the warrant. United States v. Brinklow, 560 F.2d 1003, 1005 (10th Cir.1977). Instead, timeliness depends upon the nature of the underlying circumstances and concepts. Id.; see also United States v. Johnson, 461 F.2d 285 (10th Cir.1972). Moreover, “when the activity is of a protracted and continuous nature the passage of time diminishes in significance.” United States v. Sherman, 576 F.2d 292, 296 (10th Cir. 1978). In this case the facts alleged in the affidavit pointed to an ongoing conspiracy. Under the totality of the circumstances, given the allegations of repeated drug offenses at several month intervals, the Court finds that the information upon which probable cause was based was not impermissibly stale.

Reyes complains that the information in the affidavit contained no specific link to his residence. The affidavit did indicate that participants in the conspiracy maintained records regarding their activities. It is reasonable to assume that certain types of evidence would be kept at a defendant’s residence and an affidavit need not contain personal observations that a defendant did keep such evidence at his residence. Anthony v. United States, 667 F.2d 870 (10th Cir. 1981), cert. denied, 457 U.S. 1133, 102 S.Ct. 2959, 73 L.Ed.2d 1350 (1982).

II. THE SCOPE OF THE SEARCH WARRANT

Reyes contends that the agents executing the search warrant exceeded the scope of the warrant in seizing a cassette tape containing discussions concerning the sale and purchase of drugs. The search warrant authorized the seizure of “drug trafficking records, ledgers, or writings identifying cocaine customers, sources, [etc.].” (Tr. Vol. II, p. 45). The court below ruled that in modern times because[*383] “business records are increasingly being kept on audio or video tape ... the law enforcement officers knew that the records that they were seeking might well be contained on [the] tape.” (Tr. Vol. II, pp. 68-69).

The trial court correctly recognized that in the age of modern technology and commercial availability of various forms of items, the warrant could not be expected to describe with exactitude the precise form the records would take. See, e.g., United States v. Thompson, 495 F.2d 165 (D.C.Cir. 1974) (“records” of a narcotics business embraced items of a commercial character such as leases and account cards); United States v. Auterbridge, 375 F.Supp. 418 (S.D.N.Y.1974) (“records” included can-celled checks). Specifically with respect to cassette tapes, the Ninth Circuit has recognized that “[a] microcassette is by its very nature a device for recording information____” United States v. Gomez-Soto, 723 F.2d 649, 655 (9th Cir.), cert. denied, 466 U.S. 977,104 S.Ct. 2360, 80 L.Ed.2d 831 (1984). In this instance, the seizure of a specific item characteristic of a generic class of items defined in the warrant did not constitute an impermissible general search.

III. ADMISSION OF EVIDENCE

Reyes argues that the trial court improperly admitted into evidence taped conversations between Reyes and his coconspirators and certain handwritten notes. Absent an abuse of discretion, a court of appeals is bound to uphold a trial court’s rulings on evidentiary matters. United States v. Cooper, 733 F.2d 1360 (10th Cir.1984).

Reyes maintains that the notes were not written by him and were inadmissible as hearsay. The thrust of Reyes’ argument is that the documents were not properly authenticated pursuant to the requirements of Rule 901 of the Federal Rules of Evidence. The handwritten notes admitted into evidence were neither signed nor dated. Further, Reyes suggests that a comparison of the handwriting in the notes to his handwriting established that the notes were not authored by him.

Rule 901(b)(4) of the Federal Rules of Evidence permits authentication by means of “[a]ppearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.” The contents of the notes included the name of the defendant and initials of his co-conspirators, notations of numbers of ounces, subtractions and additions of six-digit figures, and phone numbers. (Tr. Vol. V, pp. 423-438). The notes were seized from Reyes’ residence. The source of the notes and the correspondence of information contained in the notes to members of the conspiracy provided ample foundation for their admissibility. Moreover, the contents of the notes indicated that they were written by someone involved in the conspiracy. See United States v. Drougas, 748 F.2d 8, 26 (1st Cir.1984); United States v. DeGudino, 722 F.2d 1351, 1356 (7th Cir.1983.) This Court finds no abuse of discretion in' the admission of the names into evidence.

Reyes also complains of error in the admission into evidence of taped conversations between himself and other coconspirators. Reyes argues that the trial court should not have admitted the tape because no date was established for the conversations. Testimony concerning Reyes’ girlfriend’s birthdate and pregnancy indicated that the tape was prepared on June 30, 1983. (Tr. Vol. VI, pp. 750-53). Moreover, by the time the tape was played for the jury, the government had introduced significant evidence of the conspiracy. The conversations concerned the distributions of narcotics. The Court finds the tape was properly authenticated and admitted in evidence of the conspiracy. See United States v. Brewer, 630 F.2d 795, 800-01 (10th Cir.1980).

IV. CO-CONSPIRATOR’S TESTIMONY

At trial the government informant William Ayala was permitted to testify to certain matters that co-conspirator Roberto Ramirez told him about Reyes’ involvement[*384] in the conspiracy. Reyes argues that the co-conspirator’s testimony was improperly admitted under Rule 801(d)(2)(E) of the Federal Rules of Evidence and that the trial court failed to follow the order of proof required for admission of co-conspirator’s testimony by United States v. Peterson, 611 F.2d 1313 (10th Cir.1979), cert. denied, 447 U.S. 905, 100 S.Ct. 2985, 64 L.Ed.2d 854 (1980).

Rule 801(d)(2)(E) provides that “a statement by a coconspirator of a party during the course and in furtherance of the conspiracy” is not hearsay. Reyes’ contention is that the statements admitted were not made “in furtherance” of the conspiracy. According to Reyes, a statement can be “in furtherance” of a conspiracy only if it is both intended to promote the conspiracy and did in fact have the effect of promoting the conspiracy.

This Circuit has no talismanic formula for ascertaining when a conspirator’s statements are “in furtherance” of the conspiracy. See United States v. Davis, 766 F.2d 1452, 1458 (10th Cir.1985); United States v. Shepherd, 739 F.2d 510, 514 (10th Cir.1984). Reyes suggests that other circuits appear to require that the statements actually “assist the conspirators in achieving their objectives.” See also, United States v. Layton, 720 F.2d 548, 556 (9th Cir.1983), cert. denied, 465 U.S. 1069, 104 S.Ct. 1423, 79 L.Ed.2d 748 (1984); United States v. DeLuna, 763 F.2d 897, 909 (8th Cir.1985). The contexts in which this language is used, however, indicate the courts’ attempts to distinguish admissions, or narratives from statements intended in furtherance of the charged conspiracies. This Court rejects the defendant’s proposition that the statements must actually further the conspiracy to be admissible. “Rule 801(d)(2)(E) explicitly says statements need be 'in furtherance of the conspiracy,’ not that they ‘further the conspiracy.’ It is enough that they be intended to promote the conspiratorial objectives.” United States v. Hamilton, 689 F.2d 1262, 1270 (6th Cir.1982), cert. denied, 459 U.S. 1117, 103 S.Ct. 753, 74 L.Ed.2d 971 (1983). See also United States v. Cambindo Valencia, 609 F.2d 603, 632 (2nd Cir.1979).

Ayala testified that Ramirez had told him that Reyes was sponsoring the purchase and distribution of cocaine. Further, Ramirez had explained to Ayala that Reyes’ role in the organization was that of an investor or financial backer. Since Ramirez’ statements explained events important to the conspiracy to one of its members in order to facilitate the conspiracy, the Court finds that the statements were “in furtherance” of the conspiracy.

Finally, Reyes contends that the order of proof recommended in United States v. Peterson for the admission of hearsay statements of co-conspirators was not followed in this case. Reyes complains that his confrontation rights were violated since hearsay and nonhearsay testimony were intermingled and because the government had not established Reyes’ participation in the conspiracy until after some of the hearsay had been admitted. In United States v. Rivera, 778 F.2d 591, 595 (10th Cir.1985), this Court recently commented on the order of proof in the admission of co-conspirator’s hearsay testimony:

In United States v. Peterson, 611 F.2d at 1330, we stated that although we determined it was preferable, whenever possible, to require the Government to first introduce independent proof of the conspiracy and subsequently to establish the connection of the defendant with it before admitting hearsay declarations, there was an exception recognized where it was not reasonably practicable to require the showing to be made before admitting the evidence; in such a case the trial judge could admit the hearsay statements, subject to their being connected up later.

In this case, the trial judge was aware of the Peterson decision and the preferred method of proof. (Tr. Vol. VI, p. 628). The record indicates that the court admitted the statements conditionally, subject to their being connected up. (Tr. Vol. IV, p. 161). At the close of the government’s[*385] case, the judge found by a preponderance of the evidence that the United States had established with independent evidence the existence of the conspiracy and Reyes’ participation in it. (Tr. Vol. VI, p. 627.) Under these circumstances, this Court finds that no reversible error was committed. See United States v. Harenberg, 732 F.2d 1507 (10th Cir.1984); United States v. Calabrese, 645 F.2d 1379 (10th Cir.), cert. denied, 451 U.S. 1018, 101 S.Ct. 3008, 69 L.Ed.2d 390 (1981).

No reversible error has been demonstrated. Accordingly, the conviction of the defendant is AFFIRMED.