United States v. Gerald Rowell, A/K/A \Jerry or Jerome, 903 F.2d 899 (1990). · Go Syfert
United States v. Gerald Rowell, A/K/A \Jerry or Jerome, 903 F.2d 899 (1990). Cases Citing This Book View Copy Cite
“on appellate review, a determination of probable cause deserves 'great deference' and will be upheld so long as there was a 'substantial basis for ... concluding that a search warrant would uncover evidence of wrongdoing.”
124 citation events (73 in the last 25 years) across 16 distinct courts.
Strongest positive: Scott v. United States (nysd, 2019-11-14) · Strongest negative: Johnson v. City of Aiken (ca4, 2000-04-14)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Johnson v. City of Aiken (2×) also: Cited as authority (rule)
4th Cir. · 2000 · signal: but see · confidence high
But see United States v. Rowell, 903 F.2d 899, 900, 903 (2d Cir. 1990) (hold- ing that named informants, one of whom claimed to have seen defen- dant complete several large drug transactions and the other of whom claimed to have been in the basement office of defendant's business when defendant was in possession of a large amount of cocaine, were "witnesses" whose reliability could be presumed).
examined Cited as authority (verbatim quote) Scott v. United States
S.D.N.Y. · 2019 · quote attribution · 1 verbatim quote · confidence high
given the continuous nature of narcotics conspiracies . . . the approximately 18-month delay between procuring the informants' statements and seeking the wiretap warrant did not render the information stale.
examined Cited as authority (verbatim quote) United States v. Williams
W.D.N.Y. · 2018 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
district court must apply the gates standard for probable cause to a motion to suppress evidence obtained under a state-issued wiretap warrant, despite the existence of a stricter state standard for admissibility.
examined Cited as authority (verbatim quote) United States v. Henry (2×) also: Cited as authority (rule)
S.D.N.Y. · 1994 · signal: see also · quote attribution · 1 verbatim quote · confidence high
on appellate review, a determination of probable cause deserves 'great deference' and will be upheld so long as there was a 'substantial basis for ... concluding that a search warrant would uncover evidence of wrongdoing.
discussed Cited as authority (rule) United States v. Magruder
D.D.C. · 2021 · confidence medium
Drug conspiracies, for example, represent “the very paradigm of continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness.” United States v. Rowell, 903 F.2d 899, 903 (2d Cir. 1990).
discussed Cited as authority (rule) United States v. Stewart
2d Cir. · 2021 · confidence medium
See United States v. Gagnon, 373 F.3d 230, 235 (2d Cir. 2004) (in determining reliability, courts can consider whether informant provided information that is independently corroborated); United States v. Rowell, 903 F.2d 899, 903 (2d Cir. 1990) (informant's reliability is buttressed by a statement against penal interest); see also United States v. Salazar, 945 F.2d 47, 50-51 (2d Cir. 1991) ("[T]hough the informant in the present case had not previously been relied on by the officers, a face-to-face informant must, as a general matter, be thought more reliable than an anonymous telephone tipste…
discussed Cited as authority (rule) United States v. Ellis
W.D. Mich. · 2012 · confidence medium
See, e.g., United States v. Wright, 16 F.3d 1429, 1434, 1437 (6th Cir.1994) ("The fact that [state] law may now require greater protection against search and seizures than the fourteenth amendment is of no avail to a defendant in federal court, under prosecution for a federal crime.... [The violation of state search and seizure law] is irrelevant as long as the standards developed under the Federal Constitution [are] not offended.”); see also U.S. v. Padilla-Pena, 129 F.3d 457 , 464 (8th Cir.1997) ("We have consistently held that evidence obtained in violation of a state law is admissible in…
discussed Cited as authority (rule) United States v. Degaule (2×) also: Cited "see"
N.D. Ga. · 2011 · confidence medium
See United States v. Johnson, 290 Fed.Appx. 214, 223 (11th Cir. 2008) (per curiam) (unpublished) (collecting Eleventh Circuit cases that rejected staleness challenges involving information that was anywhere from six months to two years old); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (finding an 18-month delay between informants’ statements and the wiretap application did not render information stale); United States v. Word, 806 F.2d 658, 662 (6th Cir.1986) (four to five month old information in affidavit not stale where, inter alia, “the events alleged in the affidavit were …
discussed Cited as authority (rule) United States v. Rose
4th Cir. · 2009 · confidence medium
See United States v. DeQuasie, 378 F.3d 509, 523 (4th Cir.2004) (noting that “an informant who meets face-to-face with an officer provides the officer with an opportunity to assess his credibility and demeanor and also exposes himself to accountability for making a false statement”); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (finding an informant’s statement reliable as it was made against penal interest).
examined Cited as authority (rule) United States v. Funderburk (5×) also: Cited "see"
W.D.N.Y. · 2007 · confidence medium
United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990) (citing Gates, supra, at 236 , 103 S.Ct. 2317 ).
examined Cited as authority (rule) United States v. Pierce (4×)
W.D.N.Y. · 2006 · confidence medium
United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990).
examined Cited as authority (rule) United States v. Mullen (5×) also: Cited "see"
W.D.N.Y. · 2006 · confidence medium
United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990) (citing Gates, supra, at 236 , 103 S.Ct. 2317 ).
discussed Cited as authority (rule) United States v. Jackson (2×) also: Cited "see"
W.D.N.Y. · 2006 · confidence medium
United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990).
cited Cited as authority (rule) United States v. Ramirez
2d Cir. · 2005 · confidence medium
See United States v. Wagner, 989 F.2d 69, 75 (2d Cir.1993); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990).
discussed Cited as authority (rule) State v. Thompson
S.C. Ct. App. · 2005 · confidence medium
Although isolated sales of narcotics unquestionably occur, it is generally recognized that “narcotics conspiracies are the very paradigm of the continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness.” United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (quotation marks and citation omitted); see also Donaldson v. State, 46 Md.App. 521 , 420 A.2d 281, 286 (1980) (noting that the selling of drugs, by its nature, is an ongoing activity).
cited Cited as authority (rule) United States v. Cook
S.D.N.Y. · 2004 · confidence medium
The Second Circuit has held that prior convictions are “a relevant consideration in determining probable cause.” United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990).
cited Cited as authority (rule) United States v. Harding
S.D.N.Y. · 2003 · confidence medium
E.g., United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990); United States v. Vassiliou, 820 F.2d 28, 30 (2d Cir.1987). 35 .
discussed Cited as authority (rule) United States v. Williams
S.D.N.Y. · 2001 · confidence medium
United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (a witness to a crime “need not be shown to have been previously reliable before the authorities may rely on his statements”) (citation and quotation marks omitted) (emphasis in original).
cited Cited as authority (rule) United States v. Benjamin
W.D.N.Y. · 1999 · confidence medium
United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990), citing Gates, supra, at 236 , 103 S.Ct. 2317 .
cited Cited as authority (rule) United States v. Kaczowski
W.D.N.Y. · 1999 · confidence medium
United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990) (citing Gates, supra, at 236 , 103 S.Ct. 2317 ).
discussed Cited as authority (rule) United States v. Diaz
2d Cir. · 1999 · confidence medium
Rivera v. United States, 928 F.2d 592, 602 (2d Cir.1991) (dealing with search warrants) (citing United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (holding that gap of 18 months did not render information stale); Martino, 664 F.2d at 867 (3 weeks); United States v. Fama, 758 F.2d 834, 838 (2d Cir.1985) (5 weeks)).
discussed Cited as authority (rule) United States v. Diaz
2d Cir. · 1999 · confidence medium
Rivera v. United States, 928 F.2d 592, 602 (2d Cir.1991) (dealing with search warrants) (citing United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (holding that gap of 18 months did not render information stale); Martino, 664 F.2d at 867 (3 weeks); United States v. Fama, 758 F.2d 834, 838 (2d Cir.1985) (5 weeks)). 181 Here, the district judge properly concluded that the Affidavit did not contain stale information.
discussed Cited as authority (rule) United States v. Gotti
S.D.N.Y. · 1999 · confidence medium
United States v. Miller, 116 F.3d 641, 661 (2d Cir.1997); United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990) (applying federal standard for probable cause to motion to suppress evidence obtained under state-issued wiretap warrant despite existence of stricter state standard for admissibility).
discussed Cited as authority (rule) United States v. Ortiz
unknown court · 1998 · confidence medium
Indeed, "narcotics conspiracies are the very paradigm of the continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness." United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (quotation marks and citation omitted). 26 In view of the continuous nature of the narcotics conspiracy that is charged in the indictment and described in the supporting affidavit, we reject the claim that the showing of probable cause in support of the Nieves search is impaired by staleness. 27 Nor is there merit to Nieves's claim that the evidence was insufficient to sustain …
discussed Cited as authority (rule) United States v. Ortiz
unknown court · 1998 · confidence medium
Indeed, “narcotics conspiracies are the very paradigm of the continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness.” United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Miller
unknown court · 1997 · signal: cf. · confidence medium
Cf. United States v. Rowell, 903 F.2d 899, 902-03 (2d Cir.1990) (criticizing the reasoning of So-tomayor, applying federal standards for probable cause to a state-issued wiretap warrant, and affirming denial of suppression motion); United States v. Workman, 80 F.3d 688 , 695 n. 4 (2d Cir.) (noting that Sotomayor is “somewhat at odds with our holdings in more recent cases”), cert. denied, - U.S. -, 117 S.Ct. 319 , 136 L.Ed.2d 233 (1996).
discussed Cited as authority (rule) United States v. Miller
unknown court · 1997 · signal: cf. · confidence medium
Cf. United States v. Rowell, 903 F.2d 899, 902-03 (2d Cir.1990) (criticizing the reasoning of Sotomayor, applying federal standards for probable cause to a state-issued wiretap warrant, and affirming denial of suppression motion); United States v. Workman, 80 F.3d 688 , 695 n. 4 (2d Cir.) (noting that Sotomayor is "somewhat at odds with our holdings in more recent cases"), cert. denied, --- U.S. ----, 117 S.Ct. 319 , 136 L.Ed.2d 233 (1996). 58 Further, we have refused to apply retroactively state decisions announcing a more restrictive interpretation of state wiretap law to evidence obtained b…
discussed Cited as authority (rule) United States v. Hector Becerra Oscar Fabio Moreno, Olga Moreno
2d Cir. · 1996 · confidence medium
This claim is frivolous, given that the warrant was executed about five minutes after the delivery of the parcel, and that “[n]arcoties conspiracies are the very paradigm of the continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness.” United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Workman (2×) also: Cited "see, e.g."
unknown court · 1996 · confidence medium
Id. at 204 ; see United States v. Smith, 9 F.3d 1007, 1014 (2d Cir.1993) ("touchstone of a federal court's review of a state search warrant secured by local police officials and employed in a federal prosecution is the Fourth Amendment and its requirements, and no more"); United States v. Rowell, 903 F.2d 899, 901-02 (2d Cir.1990).
discussed Cited as authority (rule) United States v. Workman (2×) also: Cited "see, e.g."
unknown court · 1996 · confidence medium
Id. at 204 ; see United States v. Smith, 9 F.3d 1007, 1014 (2d Cir.1993) (“touchstone of a federal court’s review of a state search warrant secured by local police officials and employed in a federal prosecution is the Fourth Amendment and its requirements, and no more”); United States v. Rowell, 903 F.2d 899, 901-02 (2d Cir.1990).
discussed Cited as authority (rule) United States v. Reyes
S.D.N.Y. · 1996 · confidence medium
In United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990), the court held that even an 18-month delay between information provided by informants and the application for a wiretap did not make the information too stale to be relied upon.
discussed Cited as authority (rule) United States v. Rios
D. Conn. · 1995 · confidence medium
See also Rivera v. United States, 928 F.2d 592, 602 (2d Cir.1991) (“In investigations of ongoing narcotics operations, we have held that intervals of weeks or months between the last described act and the application for a warrant did not necessarily make the information stale.”); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (“Narcotics conspiracies are the very paradigm of the continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness.”).
discussed Cited as authority (rule) United States v. Micky Joe Vaandering, United States of America v. Jeffrey Wayne McMillan
9th Cir. · 1995 · confidence medium
See United States v. Foster, 711 F.2d 871, 878 (9th Cir.) (evidence of drug transactions occurring fifteen months prior to the issuance of a search warrant not stale where evidence also linked defendant to a drug sale occurring three months prior to the issuance of the search warrant), cert. denied, 465 U.S. 1103 , 104 S.Ct. 1602 , 80 L.Ed.2d 132 (1983); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (eighteen month old information not stale because evidence was of a drug distribution business); United States v. Glass Menagerie, Inc., 721 F.Supp. 54, 58-59 (S.D.N.Y.1989) (two and one…
discussed Cited as authority (rule) United States v. Ruggiero (2×) also: Cited "see, e.g."
S.D.N.Y. · 1993 · confidence medium
United States v. Rowell, 903 F.2d at 901 (emphasis in original).
examined Cited as authority (rule) United States v. Gerard Wagner, Michael Canale Tammie Canale Thomas Brewer Donald Howard Shawna O'Leary Leo Talback Arthur Villa and David Keays (3×) also: Cited "see"
2d Cir. · 1993 · confidence medium
United States v. Rowell, 903 F.2d 899, 901-02 (2d Cir.1990); United States v. Fury, 554 F.2d 522, 530 (2d Cir.), cert. denied, 433 U.S. 910 , 97 S.Ct. 2978 , 53 L.Ed.2d 1095 (1977).
discussed Cited as authority (rule) In Re the Tax Indebtedness of Coppola
E.D.N.Y · 1992 · confidence medium
Probable cause is not analyzed according to a precise set of rules, but rather it is a “fluid concept — turning on the assessment of probabilities in particular factual contexts.” United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990) (quoting Gates, 462 U.S. at 232 , 103 S.Ct. at 2329 ).
discussed Cited as authority (rule) State v. Rodriguez
Conn. App. Ct. · 1992 · confidence medium
United States v. Ventresca, supra. A probable cause determination by a magistrate will be upheld as long as there was “ ‘a “substantial basis for . . . concluding]” that a search warrant would uncover evidence of wrongdoing.’ ” United States v. Rowell, 903 F.2d 899, 902 (2d Cir. 1990).
discussed Cited as authority (rule) United States v. Thomas
E.D. Tex. · 1992 · confidence medium
E.g., United States v. Maejia, 928 F.2d 810, 815 (8th Cir.1991); United States v. Soule, 908 F.2d 1032 , 1039 n. 13 (1st Cir.1990); United States v. Rowell, 903 F.2d 899, 901-02 (2nd Cir.1990); United States v. Mastrangelo, 733 F.2d 793, 799 (11th Cir.1984); United States v. Combs, 672 F.2d 574, 578 (6th Cir.), cert. denied, 458 U.S. 1111 , 102 S.Ct. 3495 , 73 L.Ed.2d 1374 (1982). 7 .
discussed Cited as authority (rule) United States v. Gotti
E.D.N.Y · 1991 · confidence medium
The defendants recognize that whatever significance the quoted language from Aiello might have had, United States v. Rowell, 903 F.2d 899, 901 (2d Cir.1990) left no doubt that federal law should apply to federal prosecutions in determining the admissibility of evidence obtained under a state-issued wiretap order.
cited Cited as authority (rule) Rivera v. United States
2d Cir. · 1991 · confidence medium
See, e.g., id. (22 days); United States v. Fama, 758 F.2d 834, 838 (2d Cir.1985) (5 weeks); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (18 months).
discussed Cited as authority (rule) Rivera v. United States
2d Cir. · 1991 · confidence medium
See, e.g., id. (22 days); United States v. Fama, 758 F.2d 834, 838 (2d Cir.1985) (5 weeks); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (18 months). 46 Plaintiffs complain that because the Boylan affidavit did not state when the informant himself learned of the planned delivery, stating only that Boylan had received the information from the informant "[i]n the past week," the information might have been quite stale.
cited Cited as authority (rule) United States v. Boone
E.D. Va. · 1990 · confidence medium
United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990); United States v. Fury, 554 F.2d 522, 530 (2d Cir.1977), cert. denied, 436 U.S. 931 , 98 S.Ct. 2831 , 56 L.Ed.2d 776 (1978).
discussed Cited as authority (rule) United States v. Larracuente
E.D.N.Y · 1990 · confidence medium
Id. at 230-232 [ 103 S.Ct. at 2328-2329 ]. ‘[P]robable cause is a fluid concept — turning on the assessment of probabilities in particular factual contexts — not readily, or even usefully, reduced to a neat set of legal rules.’ ” United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990).
discussed Cited "see" United States v. Gotti
2d Cir. · 2006 · signal: see · confidence high
See United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990) (holding that the relevant standard for federal courts on motions to suppress evidence obtained under a state-issued wiretap warrant is whether "the totality of the circumstances indicate a probability of criminal activity").
discussed Cited "see" United States v. Gotti
2d Cir. · 2006 · signal: see · confidence high
See United States v. Rowell, 903 F.2d 899, 902 (2d Cir.1990) (holding that the relevant standard for federal courts on motions to suppress evidence obtained under a state-issued wiretap warrant is whether “the totality of the circumstances indicate a probability of criminal activity”).
discussed Cited "see" United States v. Miller
N.D.N.Y. · 2005 · signal: see · confidence high
As the Supreme Court has stated, “[t]he question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.” Preston v. United States, 376 U.S. 364, 366 , 84 S.Ct. 881 , 11 L.Ed.2d 777 (1964) (citation omitted); see Rowell, 903 F.2d at 901-02 ; United States v. Pforzheimer, 826 F.2d 200, 203 (2d Cir.1987).
discussed Cited "see" United States v. Howard
N.D.N.Y. · 2005 · signal: see · confidence high
United States v. Diaz, 176 F.3d 52, 110 (2d Cir.1999); see United States v. Rowell, 903 F.2d 899, 901 (2d Cir.1990) (citing Illinois v. Gates, 462 U.S. 213, 230-32 , 103 S.Ct. 2317, 2328 , 76 L.Ed.2d 527 (1983)).
discussed Cited "see" United States v. Moran
N.D.N.Y. · 2005 · signal: see · confidence high
United States v. Diaz, 176 F.3d 52, 110 (2d Cir.1999); see United States v. Rowell, 903 F.2d 899, 901 (2d Cir.1990) (citing Illinois v. Gates, 462 U.S. 213, 230-32 , 103 S.Ct. 2317, 2328 , 76 L.Ed.2d 527 (1983)).
discussed Cited "see" United States v. Edelin
D.D.C. · 2001 · signal: see · confidence high
See United States v. Rowell, 903 F.2d 899, 903 (2nd Cir.1990) (finding eighteen month old information reliable because evidence related to a drug distribution business); United States v. LaMorte, 744 F.Supp. 573, 575 (S.D.N.Y.1990) (holding three and one-half years not too distant where evidence sought was of a massive criminal enterprise and was of a type that would be maintained long after criminal activity ceased); United States v. Glass Menagerie, Inc., 721 F.Supp. 54, 58-59 (S.D.N.Y.1989) (determining that two and one-half year old information was reliable when evidence sought was of a na…
cited Cited "see" United States v. Fisher
9th Cir. · 1998 · signal: accord · confidence high
See id.; United States v. Landis, 726 F.2d 540, 542-43 (9th Cir.1984); accord United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990).
Retrieving the full opinion text from the archive…
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Kaufman, Meskill, Altimari.
60  |  Lawrence J. Andolina (Harris, Beach & Wilcox, Rochester, N.Y., of counsel), for defendant-appellant., Bradley E. Tyler, Asst. U.S. Atty., Rochester, N.Y. (Dennis C. Vacco, U.S. Atty. W.D.N.Y., of counsel), for appellee.
Pinpoint authority: bottom 54%
ALTIMARI, Circuit Judge:

Defendant-appellant Gerald Rowell appeals from a judgment of conviction, entered in the United States District Court for the Western District of New York[*900] (David G. Larimer, Judge). Rowell pled guilty to one count of possessing marijuana with intent to distribute and two counts of distributing marijuana, all in violation of 21 U.S.C. § 841(a)(1) (1988). He asserts that the district court improperly denied his pretrial motion to suppress certain evidence obtained through electronic eavesdropping. That evidence was collected pursuant to a state-issued warrant which, according to Rowell, lacked any basis of probable cause.

On this appeal, Rowell argues that his conviction must be reversed since the district court erred in finding sufficient probable cause to support issuance of the eavesdropping warrant. For the reasons set forth below, we affirm the judgment of the district court.

BACKGROUND

In the Fall of 1986, state and federal law enforcement agents initiated an investigation of Rowell and several others in connection with alleged narcotics activity in Monroe County, New York. On January 12, 1987, the Monroe County district attorney applied to County Court Judge Egan for an eavesdropping warrant authorizing a wiretap on telephones at Rowell’s residence and at his business, The Smuggler’s Cove Bar and Grill (“The Smuggler’s Cove”).

The basis for the warrant consisted of affidavits of several law enforcement officials. The affidavit of Rochester Police Officer Earl J. Lergner contained information that Rowell had been convicted of possessing 350 pounds of marijuana in Florida in 1984. Rowell’s Florida conviction followed a “reverse buy” in which he purchased marijuana, for $105,000 in cash, from an undercover Palm Beach County police officer. During the transaction, Ro-well revealed to the officer that he could regularly distribute over 1,000 pounds of marijuana per week and suggested a long-term supplier relationship with the officer. In addition, the Lergner affidavit described pen register records of telephone calls made to and from Rowell’s residence and business telephones. The pen register records revealed that between September 1986 and December 1986, approximately 1,000 outgoing calls were made and 1,000 incoming calls were received on the telephone at Rowell’s residence. During the same period, over 2,200 outgoing calls and 200 incoming calls were registered on the telephone at The Smuggler’s Cove. In the opinion of Officer Lergner, an experienced drug enforcement agent, the high number of calls exceeded the normal volume for a private residence or small business and was, in fact, consistent with narcotics trafficking. Officer Lergner also observed that at least three calls had been placed in June 1986 from Rowell’s residence and business to one Jeffrey Weisberg who, within several months of the calls, was arrested after delivering one pound of highly pure cocaine. Also, at least two calls had been placed from The Smuggler’s Cove to Brazil, a frequent port of origin for narcotics shipments to the United States.

The affidavit of Monroe County Deputy Sheriff John Gagne disclosed that a named informant had observed Rowell sell large quantities of narcotics on several occasions in Monroe County. The Gagne affidavit further established that another named informant was present when Rowell had in his possession a large quantity of cocaine in the basement office of The Smuggler’s Cove.

The wiretaps authorized by Judge Egan’s warrant made clear that Rowell was involved in narcotics trafficking. As the wiretap evidence pointed to an interstate narcotics conspiracy, criminal proceedings were initiated in federal court. On May 26, 1988, a United States Grand Jury, sitting in the Western District of New York, returned an indictment against Rowell and several other individuals. The indictment charged the defendants with thirty-seven counts, twenty-eight of which named Rowell. The charges against Ro-well included: participating in a conspiracy to possess with intent to distribute and to distribute cocaine and marijuana; possessing with intent to distribute marijuana; distributing various quantities of marijuana; and intentionally using a telephone to facilitate a conspiracy to possess with intent to[*901] distribute and to distribute cocaine and marijuana.

Rowell made a pre-trial motion to suppress the wiretap evidence on the ground, inter alia, that the eavesdropping warrant was not supported by sufficient probable cause. Specifically, the defendant argued that since the warrant was issued by a New York state court judge, the district court should apply the more stringent New York standard for probable cause, not the federal “totality of the circumstances” standard. The district court denied Ro-well’s motion, concluding that probable cause for the warrants existed under either federal law or New York State law.

Following the denial of his suppression motion, Rowell entered into a plea agreement with the government. Under the terms of the agreement, Rowell entered guilty pleas to one count of possessing marijuana with intent to distribute and two counts of distributing marijuana, in violation of 21 U.S.C. § 841(a)(1). The agreement stipulated that Rowell retained his right to appeal the denial of his motion to suppress the wiretap evidence pursuant to Fed.R.Crim.P. 11(a)(2). On September 26, 1989, the district court sentenced Rowell to 24-months imprisonment on each of the three counts to which he pled guilty. The district court ordered that the three sentences be served consecutively, for a total of 72-months imprisonment. In addition, the court imposed a term of supervised release to follow the period of incarceration, a $25,000 fine, and a $150 special assessment. This appeal followed.

DISCUSSION

I. The Applicable Standard

On appeal, as in the district court, Rowell contends that federal courts should apply state warrant requirements, if they are more stringent than applicable federal requirements, to state-issued warrants. Ro-well further argues that New York has rejected the federal standard for probable cause articulated in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), in favor of the more restrictive Aguilar-Spinelli test. See People v. Gri-minger, 71 N.Y.2d 635, 529 N.Y.S.2d 55, 57, 524 N.E.2d 409, 411 (1988) (“We are not persuaded, however, that the Gates approach provides a sufficient measure of protection, and we now hold that, as a matter of State constitutional law, the Aguilar-Spinelli two-prong test should be applied in determining whether there is a sufficient factual predicate upon which to issue a search warrant.”); see also Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Accordingly, Rowell asserts that the district court should have applied the Aguilar-Spinelli test in determining whether to admit the wiretap evidence against him and that, under the Aguilar-Spinelli test, the evidence should have been suppressed. We disagree.

In United States v. Pforzheimer, 826 F.2d 200, 202 (2d Cir.1987), we addressed the issue of “whether the state or federal exclusionary rule should be applied in ruling on a motion to suppress evidence in a criminal trial in federal court when the evidence in question was solely the product of a state investigation.” We concluded that “federal law should apply to ... federal criminal prosecution[s], even though the underlying investigation leading to prosecution was conducted solely by state officials.” Id. at 204 (emphasis added). Similarly, in United States v. Nersesian, 824 F.2d 1294, 1306 (2d Cir.), cert. denied, 484 U.S. 958, 108 S.Ct. 357, 98 L.Ed.2d 382 (1987), we applied federal law in determining the admissibility of evidence obtained under a state-issued warrant which authorized wiretapping by state and federal authorities. As the opinions in Pforzheimer and Nersesian make clear, the appropriate standard of probable cause for determining Rowell’s motion to suppress the wiretap evidence is the federal “totality of the circumstances” standard. See Gates, 462 U.S. at 230-32, 103 S.Ct. at 2328.

This conclusion, which flows directly from our prior decisions, is supported by prior decisions of the Supreme Court. See, e.g., Preston v. United States, 376 U.S.[*902] 364, 366, 84 S.Ct. 881, 883, 11 L.Ed.2d 777 (1964) (“The question whether evidence obtained by state officers and used against a defendant in a federal trial was obtained by unreasonable search and seizure is to be judged as if the search and seizure had been made by federal officers.”); Elkins v. United States, 364 U.S. 206, 224, 80 S.Ct. 1437, 1447, 4 L.Ed.2d 1669 (1960) (“The test [for admissibility of evidence] is one of federal law, neither enlarged by what one state court may have countenanced, nor diminished by what another may have col-orably suppressed.”). The decisions of other circuits also support our conclusion. See, e.g., United States v. Quinones, 758 F.2d 40, 43 (1st Cir.1985) (“[I]n federal prosecutions evidence admissible under federal law cannot be excluded because it would be inadmissible under state law.”); United States v. Combs, 672 F.2d 574, 578 (6th Cir.), cert. denied, 458 U.S. 1111, 102 S.Ct. 3495, 73 L.Ed.2d 1374 (1982) (“[S]tates are not free to impose on Federal courts requirements more strict than those of the Federal laws or Constitution.”). Policy considerations, particularly a concern for the “uniformity of criminal evidentiary jurisprudence in the federal courts,” Pforzheimer, 826 F.2d at 203 (citing Olmstead v. United States, 277 U.S. 438, 469, 48 S.Ct. 564, 569, 72 L.Ed. 944 (1928), overruled on other grounds, Katz v. United States, 389 U.S. 347, 352, 88 S.Ct. 507, 511, 19 L.Ed.2d 576 (1967)), further support the application of federal law in federal criminal prosecutions which rely on state investigations.

Rowell argues that policy considerations weigh in favor of applying more stringent state standards in federal criminal prosecutions. He cites dicta in United States v. Sotomayor, 592 F.2d 1219, 1224-26 (2d Cir.), cert. denied, 442 U.S. 919, 99 S.Ct. 2842, 61 L.Ed.2d 286 (1979), that applying the federal standard in the face of a stricter state standard might encourage forum shopping by state authorities. See also United States v. Spadaccino, 800 F.2d 292, 296-97 (2d Cir.1986); United States v. Manfredi, 488 F.2d 588, 598 (2d Cir.1973), cert. denied, 417 U.S. 936, 94 S.Ct. 2651, 41 L.Ed.2d 240 (1974). However, this argument was considered and rejected in Pfor-zheimer:

A state prosecutor whose case relies on evidence that may be inadmissible in a state court trial has no power or authority to effect a prosecution in federal court. The initiation of a federal prosecution depends entirely on the discretion of the federal prosecutor.... [and we] “should presume that the [federal] prosecution was pursued in good faith execution of the law.”

826 F.2d at 204 (citation omitted). Thus, a district court must apply the Gates standard for probable cause to a motion to suppress evidence obtained under a state-issued wiretap warrant, despite the existence of a stricter state standard for admissibility.

II. Application of the Standard

Under Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), probable cause for a search warrant is established if the “totality-of-the-circumstanees” indicate a probability of criminal activity. Id. at 230-32, 103 S.Ct. at 2329. “[P]robable cause is a fluid concept — turning on the assessment of probabilities in particular factual contexts — not readily, or even usefully, reduced to a neat set of legal rules.” Id. at 232, 103 S.Ct. at 2329. This same standard applies to wiretap warrants. United States v. Fury, 554 F.2d 522, 530 (2d Cir.1977), cert. denied, 436 U.S. 931, 98 S.Ct. 2831, 56 L.Ed.2d 776 (1978). On appellate review, a determination of probable cause deserves “great deference,” and will be upheld so long as there was “a ‘substantial basis for ... concluding]’ that a search warrant would uncover evidence of wrongdoing.” Gates, 462 U.S. at 236, 103 S.Ct. at 2331 (citation omitted); see Nersesian, 824 F.2d at 1306.

In the present case, there is substantial evidence supporting the district court’s determination that probable cause existed for authorization of the wiretap. The Lergner and Gagne affidavits contain information, including the pen register records and the informants’ statements, which amply support the conclusion that[*903] Rowell was engaged in narcotics activity. Rowell’s prior narcotics conviction and his contacts with another individual involved in narcotics activity further support the probable cause determination. Considering the “totality of the circumstances,” the issuance of the wiretap warrant was certainly justified. Accordingly, the district court’s refusal to suppress the evidence obtained under that warrant will not be disturbed.

Rowell contends that, since the informants’ statements contained in the Gagne affidavit were obtained in 1985, they were too stale to support the January 12, 1987 wiretap warrant. “[T]he principal factors in assessing whether or not the supporting facts have become stale are the age of those facts and the nature of the conduct alleged to have violated the law.” United States v. Martino, 664 F.2d 860, 867 (2d Cir.1981), cert. denied, 458 U.S. 1110, 102 S.Ct. 3498, 73 L.Ed.2d 1373 (1982). Moreover, “[njarcotics conspiracies are the very paradigm of the continuing enterprises for which the courts have relaxed the temporal requirements of non-staleness.” United States v. Feola, 651 F.Supp. 1068, 1090 (S.D.N.Y.1987), aff'd mem., 875 F.2d 857 (2d Cir.), cert. denied, — U.S. -, 110 S.Ct. 110, 107 L.Ed.2d 72 (1989). Given the continuous nature of narcotics conspiracies and Rowell’s statements to the Florida undercover officer about his on-going marijuana distribution operation, the approximately 18-month delay between procuring the informants’ statements and seeking the wiretap warrant did not render the information stale. Moreover, the wiretap warrant was not based solely on the informants’ statements. In fact, even without those statements, the Lergner affidavit demonstrated probable cause to support the warrant.

Finally, we agree with the district court that probable cause for the wiretap warrant was sufficient under either the Gates standard or the Aguilar-Spinelli standard. The Aguilar-Spinelli test is a two-prong inquiry into “(i) the veracity or reliability of the source of the information, and (ii) the basis of the informant’s knowledge.” Griminger, 529 N.Y.S.2d at 56, 524 N.E.2d 409. As adopted in New York, the Aguilar-Spinelli test is not “a hyper-technical approach to evaluating hearsay information.” Id. at 57, 524 N.E.2d 409. Rather, warrant applications “must be considered in the clear light of everyday experience and accorded all reasonable inferences.” Id. at 58, 524 N.E.2d 409.

In the present case, Rowell concedes that the allegations contained in the warrant application satisfy the basis of knowledge prong of the Aguilar-Spinelli test. He contends that the government failed to adequately establish the veracity or reliability of the two informants. However, sufficient indicia of veracity and reliability existed to sustain probable cause under the Aguilar-Spinelli test. The informants described in the Gagne affidavit were witnesses to Rowell’s involvement in narcotics activity. They were not professional informants whose reliability might be suspect. “[A] witness to a crime ‘need not be shown to have been previously reliable before the authorities may rely on his statements.’ ” United States v. Gaviria, 805 F.2d 1108, 1115 (2d Cir.1986), cert. denied, 481 U.S. 1031, 107 S.Ct. 1960, 95 L.Ed.2d 531 (1987) (emphasis in original) (citation omitted). See United States v. Burke, 517 F.2d 377, 380 (2d Cir.1975) (“Aguilar and Spinelli [were] addressed to the particular problem of professional informers and should not be applied in a wooden fashion to ... information ... from an alleged victim of or witness to a crime.”). In addition, the reliability of one of the informants is indicated by his statement, made against his penal interest, that he had personally purchased cocaine from Rowell. See United States v. Napolitano, 761 F.2d 135, 139 (2d Cir.), cert. denied, 474 U.S. 842, 106 S.Ct. 129, 88 L.Ed.2d 106 (1985). Moreover, the statements of both informants are corroborated by the pen register records described in the Lergner affidavit. See Feola, 651 F.Supp. at 1090.

CONCLUSION

We have examined each of Rowell’s remaining arguments and find them to be[*904] without merit. In light of the foregoing, we affirm the judgment of the district court.