United States v. Mambu Fulgham, 143 F.3d 399 (8th Cir. 1998). · Go Syfert
United States v. Mambu Fulgham, 143 F.3d 399 (8th Cir. 1998). Cases Citing This Book View Copy Cite
53 citation events (37 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Person (mnd, 2006-04-06)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Person (2×) also: Cited "see, e.g."
D. Minnesota · 2006 · quote attribution · 1 verbatim quote · confidence high
the informant's reliability, veracity, and basis of knowledge are relevant considerations - but not independent, essential elements - in finding probable cause.
discussed Cited as authority (rule) David W. Gerth v. State of Indiana (2×)
Ind. Ct. App. · 2016 · confidence medium
For this proposition the State relies upon a line of cases from the Eighth Circuit, which generally hold “that information provided by one informant may be ‘corroborated with specific, consistent details provided by [a] second informant,’ and that, in fact, the tips of two informants may be ‘reciprocally corroborative, rendering their information enough to support a finding of probable cause.’ ” United States v. Leppert, 408 F.3d 1039, 1041 (8th Cir.2005) (citing United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998)); see also United States v. Jackson, 67 F.3d 1359, 1365 (8th …
discussed Cited as authority (rule) United States v. Jackson
5th Cir. · 2009 · confidence medium
See Martinez, 486 F.3d at 861 (setting forth these four factors); see also United States v. Rojas Alvarez, 451 F.3d 320, 332 (5th Cir.2006) ("There is no set requirement that all tips be corroborated by subsequent police investigation in order to be considered credible.”); United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (suggesting that two "reciprocally corroborative” tips were “enough to support a finding of probable cause,” although, in that case, there was additional corroboration provided by a police report). 16 .
discussed Cited as authority (rule) People v. Bryant
Ill. App. Ct. · 2009 · confidence medium
Corroboration of the Information In United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. 1998), quoting United States v. Williams, 10 F.3d 590, 593 (8th Cir. 1993), the court wrote that “ ‘[^Information may be sufficiently reliable to support a probable[-]cause finding if the person providing the information has a track record of supplying reliable information, or if it is corroborated by independent evidence.’ ” On the facts of that case, the Fulgham court concluded that “the information given by the first informant was corroborated with specific, consistent details provided by the…
discussed Cited as authority (rule) United States v. Mims (2×)
D. Minnesota · 2008 · confidence medium
Solomon, 432 F.3d at 827 (finding sufficient probable cause where informant had personally discovered evidence of a crime and provided police with a detailed description); United States v. Gabrio, 295 F.3d 880, 883 (8th Cir.2002) (concluding that an informant’s information was reliable in part because “[t]he tip here was timely and ‘based on the informant’s first-hand observations, not merely from rumor or innuendo’ ”) (citations omitted); United States v. Tyler, 238 F.3d 1036 (8th Cir.2001) (“The corroboration of minor, innocent details can suffice to establish probable cause.�…
discussed Cited as authority (rule) People v. Bryant
Ill. App. Ct. · 2008 · confidence medium
Corroboration of the Information In United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. 1998), quoting United States v. Williams, 10 F.3d 590, 593 (8th Cir. 1993), the court wrote that "'[i]nformation may be sufficiently reliable to support a probable[-]cause finding if the person providing the information has a track record of supplying reliable information, or if it is corroborated by independent evidence.'" On the facts of that case, the Fulgham court concluded that "the information given by the first infor- mant was corroborated with specific, consistent details provided by the second in…
discussed Cited as authority (rule) People v. Bryant
Ill. App. Ct. · 2008 · confidence medium
Corroboration of the Information In United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. 1998), quoting United States v. Williams, 10 F.3d 590, 593 (8th Cir. 1993), the court wrote that “ ‘[information may be sufficiently reliable to support a probable[-]cause finding if the person providing the information has a track record of supplying reliable information, or if it is corroborated by independent evidence.’ ” On the facts of that case, the Fulgham court concluded that “the information given by the first informant was corroborated with specific, consistent details provided by the …
discussed Cited as authority (rule) United States v. George E. Brown
8th Cir. · 2007 · confidence medium
United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. -5- 1998) (holding that probable cause supported issuance of the search warrant where "the information given by the first informant was corroborated with specific, consistent details provided by the second informant").
discussed Cited as authority (rule) United States v. Brown
8th Cir. · 2007 · confidence medium
United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (holding that probable cause supported issuance of the search warrant where “the information given by the first informant was corroborated with specific, consistent details provided by the second informant”).
discussed Cited as authority (rule) United States v. May (2×) also: Cited "see, e.g."
D. Minnesota · 2006 · confidence medium
When probable cause for Search Warrant is based on information provided by an informant, “ ‘a key issue is whether that information is reliable.’ ” United States v. Koons, 300 F.3d 985, 993 (8th Cir.2002), quoting United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998); see also, United States v. Reivich, 793 F.2d 957, 959 (8th Cir.1986)(“[T]he informant’s reliability, veracity, and basis of knowledge are relevant considerations— but not independent, essential elements— in finding probable cause.”).
discussed Cited as authority (rule) United States v. Charles Leppert
8th Cir. · 2005 · confidence medium
But we have said that information provided by one informant may be "corroborated with specific, consistent details provided by [a] second informant," and that, in fact, the tips of two informants may be "reciprocally corroborative, rendering their information enough to support a finding of probable cause." United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (citing United States v. Jackson, 67 F.3d 1359, 1365 (8th Cir.1995), cert. denied, 517 U.S. 1192 (1996)).
discussed Cited as authority (rule) United States v. Charles John Leppert
8th Cir. · 2005 · confidence medium
But we have said that information provided by one informant may be “corroborated with specific, consistent details provided by [a] second informant,” and that, in fact, the tips of two informants may be “reciprocally corroborative, rendering their information enough to support a finding of probable cause.” United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (citing United States v. Jackson, 67 F.3d 1359, 1365 (8th Cir.1995), cert. denied, 517 U.S. 1192 , 116 S.Ct. 1684 , 134 L.Ed.2d 785 (1996)).
discussed Cited as authority (rule) United States v. Elza D. Terry
8th Cir. · 2002 · confidence medium
Id. at 922-23 . “[A]bsent allegations that the [issuing judge] was not neutral, ‘suppression is appropriate only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause.’” 8 United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. 1998) (quoting Leon, 468 U.S. at 926 ).
discussed Cited as authority (rule) United States v. Elza D. Terry
8th Cir. · 2002 · confidence medium
Id. at 922-23 , 104 S.Ct. 3405 . "[A]bsent allegations that the [issuing judge] was not neutral, `suppression is appropriate only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause.'" United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (quoting Leon, 468 U.S. at 926 , 104 S.Ct. 3405 ).
discussed Cited as authority (rule) United States v. Timothy Koons
8th Cir. · 2002 · confidence medium
“When an affidavit contains information provided by a confidential informant, a key issue is whether that information is reliable.” United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. 1998) (citation omitted).
discussed Cited as authority (rule) United States v. Timothy Donald Koons (2×)
8th Cir. · 2002 · confidence medium
"When an affidavit contains information provided by a confidential informant, a key issue is whether that information is reliable." United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (citation omitted).
discussed Cited as authority (rule) United States v. Lloyd (2×) also: Cited "see, e.g."
10th Cir. · 2002 · confidence medium
In this connection the Eighth Circuit in United States v. Goodson, 165 F.3d 610, 614 (8th Cir.1999) in discussing “probable cause” (not reasonable suspicion) for a search warrant spoke as follows: We also note that even though the other two informants may not have had a track record of reliability, their tips corroborated the first informant’s tip and to some extent each other’s tips, which also “render[s] their information enough to support a finding of probable cause.” United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998). *917 In like fashion, in United States v. Le, 173 F.…
discussed Cited as authority (rule) United States v. Terrence Eugene Goodson
8th Cir. · 1999 · confidence medium
We also note that even though the other two informants may not have had a track record of reliability, their tips corroborated the first informant’s tip and to some extent each other’s tips, which also “render[s] their information enough to support a finding of probable cause.” United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Renell Edward Etheridge
8th Cir. · 1999 · confidence medium
Under this exception, “absent allegations that the magistrate was not neutral, ‘suppression is appropriate only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause.’ ” United States v. Fulgham, 143 F.3d 399, 401-02 (8th Cir.1998), quoting Leon, 468 U.S. at 926 , 104 S.Ct. 3405 .
discussed Cited as authority (rule) United States v. Renell Etheridge
8th Cir. · 1999 · confidence medium
Under this exception, "absent allegations that the magistrate was not neutral, 'suppression is appropriate only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause." United States v. Fulgham, 143 F.3d 399, 401-02 (8th Cir. 1998), quoting Leon, 468 U.S. at 926 .
discussed Cited as authority (rule) United States v. Terrence E. Goodson
8th Cir. · 1999 · confidence medium
We also note that even though the other two informants may not have had a track record of reliability, their tips corroborated the first informant's tip and to some extent each other's tips, which also "render[s] their information enough to support a finding of probable cause." United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Deano Babe Formaro
8th Cir. · 1998 · confidence medium
Under this exception, "absent allegations that the [issuing judge] was not neutral, 'suppression is appropriate only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause.’ " United States v. Fulgham, 143 F.3d 399, 401-02 (8th Cir.1998) (quoting Leon, 468 U.S. at 926 , 104 S.Ct. 3405 ).
discussed Cited as authority (rule) United States v. Deano Babe Formaro
8th Cir. · 1998 · confidence medium
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause.' " United States v. Fulgham, No. 97-3681, 1998 WL 208101, at *3 (8th Cir. Apr. 30, 1998) (quoting Leon, 468 U.S. at 926 ). -7-
discussed Cited "see" United States v. Buchanan (2×) also: Cited "see, e.g."
8th Cir. · 2009 · signal: see · confidence high
See Fulgham, 143 F.3d at 401 .
discussed Cited "see" United States v. Steve Buchanan (2×) also: Cited "see, e.g."
8th Cir. · 2009 · signal: see · confidence high
See Fulgham, 143 F.3d at 401 .
discussed Cited "see" United States v. Crissler
D.N.D. · 2007 · signal: see · confidence high
See United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998); United States v. Oropesa, 316 F.3d 762, 766 (8th Cir.2003) (citing Illinois v. Gates, 462 U.S. 213, 236, 238-38 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 ).
discussed Cited "see" United States v. Proell
D.N.D. · 2005 · signal: see · confidence high
See United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998); see also United States v. Oropesa, 316 F.3d 762, 766 (8th Cir.2003) (citing Illinois v. Gates, 462 U.S. 213, 236, 238-38 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 ).
discussed Cited "see" United States v. Gleich
D.N.D. · 2003 · signal: see · confidence high
See United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998); see also United States v. Oropesa, 316 F.3d 762, 766 (citing Illinois v. Gates, 462 U.S. 213, 236, 238-38 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 ).
discussed Cited "see" United States v. Fredericks
D.N.D. · 2003 · signal: see · confidence high
See United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998); see also United States v. Oropesa, 316 F.3d 762, 766 (citing Illinois v. Gates, 462 U.S. 213, 236, 238-38 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 ). 1) DELIBERATE OR RECKLESS FALSEHOOD A search warrant may be deemed invalid if the issuing judicial officer’s probable cause determination was based upon an affidavit containing a deliberate or reckless falsehood.
examined Cited "see" United States v. Tavares Johnson (3×)
8th Cir. · 2000 · signal: see · confidence high
See United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. 1998) (standard of review).
examined Cited "see" United States v. Tavares M. Johnson, Also Known as Terry Johnson (3×)
8th Cir. · 2000 · signal: see · confidence high
See United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (standard of review).
discussed Cited "see, e.g." United States v. Reno
D. Kan. · 2002 · signal: see also · confidence medium
In Le, the Tenth Circuit found: The affidavit contained information provided by two different informants whose stories were remarkably consistent. “[C]onsistency between the reports of two independent informants helps to validate both accounts.” United States v. Schaefer, 87 F.3d 562, 566 (1st Cir.1996); see also United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (holding that the magistrate’s finding of probable cause was supported by, among other *1160 things, the “reciprocally corroborative” consistency in the information provided by two separate informants); United States…
discussed Cited "see, e.g." Santiago v. City of Vineland
D.N.J. · 2000 · signal: see, e.g. · confidence medium
See, e.g., United States v. Fulgham, 143 F.3d 399, 401 (8th *563 Cir.1998)(finding that tips provided by two informants were “reciprocally corroborative”); United States v. Yarbrough, 852 F.2d 1522, 1538 (9th Cir.1988) (“‘[i]nter-locking tips from different confidential informants enhance the credibility of each.’ ”)(quoting United States v. Landis, 726 F.2d 540, 543 (9th Cir.1984)); United States v. Laws, 808 F.2d 92, 100-03 (D.C.Cir.1986)(finding that tips that were insufficiently rehable when considered separately were sufficiently rehable for a warrant to issue when considered …
discussed Cited "see, e.g." United States v. Thao Dinh Le
10th Cir. · 1999 · signal: see also · confidence medium
The affidavit contained information provided by two different informants whose stories were remarkably consistent. “[Consistency between the reports of two independent informants helps to validate both accounts.” United States v. Schaefer, 87 F.3d 562, 566 (1st Cir.1996); see also United States v. Fulgham, 143 F.3d 399, 401 (8th Cir.1998) (holding that the magistrate’s finding of probable cause was supported by, among other things, the “reciprocally corroborative” consistency in the information provided by two separate informants); United States v. Pritchard, 745 F.2d 1112, 1121 (7th…
discussed Cited "see, e.g." Walden v. Carmack
8th Cir. · 1998 · signal: see also · confidence low
Probable cause may be found in hearsay statements from reliable persons, Illinois v. Gates, 462 U.S. at 245 , 103 S.Ct. 2317 ; in hearsay statements from confidential informants corroborated by independent investigation, United States v. Williams, 10 F.3d 590, 593 (8th Cir.1993) (citing Draper v. United States, 358 U.S. 307, 313 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959)); see also, United States v. Mambu Fulgham, 143 F.3d 399 (8th Cir.1998); or in observations made by trained law enforcement officers, McDonald v. United States, 335 U.S. 451, 454 , 69 S.Ct. 191 , 93 L.Ed. 153 (1948). 30 Information…
discussed Cited "see, e.g." Bill Walden v. James Roy Carmack
8th Cir. · 1998 · signal: see also · confidence low
Probable cause may be found in hearsay statements from reliable persons, Illinois v. Gates, 462 U.S. at 245 , 103 S.Ct. 2317 ; in hearsay statements from confidential informants corroborated by independent investigation, United States v. Williams, 10 F.3d 590, 593 (8th Cir.1993) (citing Draper v. United States, 358 U.S. 307, 313 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959)); see also, United States v. Mambu Fulgham, 143 F.3d 399 (8th Cir.1998); or in observations made by trained law enforcement officers, McDonald v. United States, 335 U.S. 451, 454 , 69 S.Ct. 191 , 93 L.Ed. 153 (1948).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Mambu FULGHAM, Appellant
97-3681.
Court of Appeals for the Eighth Circuit.
Apr 30, 1998.
143 F.3d 399
Jonathan B. Hammond, Cedar Rapids, IA (Gary L. Robinson, Cedar Rapids, IA, on the brief), for Appellant., Robert L. Teig, Cedar Rapids, IA (Daniel C. Tvedt, Cedar Rapids, IA, on the brief), for Appellee.
Bowman, Gibson, Arnold.
Cited by 37 opinions  |  Published
BOWMAN, Circuit Judge.

Mambu Fulgham entered a conditional plea of guilty to conspiring to distribute and possess with the intent to distribute more than fifty grams of cocaine base. See 21 U.S.C. §§ 841(a)(1), 841(b)(l)(A)(iii), and 846. Prior to his plea, Fulgham moved to suppress evidence obtained in a search conducted pursuant to a search warrant. Themagis-trate judge to whom the motion had been referred recommended that the motion be denied. The District Court [2] adopted the magistrate judge’s recommendation. Fulg-ham appeals, claiming that the search warrant was not supported by probable cause. We affirm.

I.

On January 2, 1996, police officer Richard Knief prepared and submitted an affidavit in support of a search warrant for the residence located at 200 Courtland Street in Waterloo, Iowa. In his affidavit, Knief indicated several bases to establish probable cause. Knief first stated that Courtland Street was one of three streets in an area where numerous drug arrests had been made within the past two years. He noted that concerned citizens had been calling on a daily basis reporting drugs sales in the Courtland Street area.

Knief also stated that in mid-December of 1995, he received information from a confidential informant that Tony, a black male originally from Chicago, was staying at 200 Courtland Street and, along with several other black males, was selling crack cocaine from the residence. In the affidavit, Knief said that he had spoken with this same informant on January 2,1996, the same day Knief submitted the affidavit, and that the informant claimed to have been present at 200 Courtland Street within the past forty-eight hours and to have seen Tony selling crack cocaine from the residence. In an attachment to the affidavit, Knief indicated that he had known this confidential informant for one year, and that the informant was a mature individual, was a person of truthful reputation, had no motivation to falsify information, had not given false information in the past, had supplied information in the past more than ten times, andhad helped supply information leading to two search warrants, five arrests, and the discovery and seizure of stolen property and drugs or other contraband.

Knief further stated that the information given by the informant had been corroborated. According to the affidavit, Knief had corroborated the information in two ways. First, Knief reviewed the records of the Waterloo Police Department and indicated in the affidavit that in August of 1995, the department received a complaint of an assault at 200 Courtland Street. The suspect implicated in the assault was Jerome Antonio Kirk, a black male from Chicago, and Kirk listed his address as 200 Courtland Street. Second, Knief stated that he spoke with a second confidential informant on January 1, 1996, and that the informant claimed to have been present at 200 Courtland Street numerous times over the past month, including within the twenty-four hours immediately preceding his conversation with Knief, and claimed to have witnessed a black man named Tony selling crack cocaine from the residence.

II.

We must determine whether, under the “totality-of-the-circumstances analysis” set forth in Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983), the issuing magistrate had a “substantial basis” for concluding that there was probable cause. When we review the suffi[*401] ciency of an affidavit supporting a search warrant, great deference is accorded the issuing judicial officer. See United States v. Day, 949 F.2d 973, 977 (8th Cir.1991).

When an affidavit contains information provided by a confidential informant, a key issue is whether that information is reliable. See United States v. Brown, 49 F.3d 1346, 1349 (8th Cir.1995). “Information may be sufficiently reliable to support a probable cause finding if the person providing the information has a track record of supplying reliable information, or if it is corroborated by independent evidence.” United States v. Williams, 10 F.3d 590, 593 (8th Cir.1993) (citing Draper v. United States, 358 U.S. 307, 313, 79 S.Ct. 329, 333, 3 L.Ed.2d'327 (1959)). In the present case, the information was shown by Knief to be reliable in both ways. Knief represented in his affidavit that past information given by the first informant had proved to be reliable, resulting in several arrests and the recovery of stolen property and illegal substances. In so doing,. Knief established that the first informant had a reliable track record.

Fulgham [3] argues that the information given by the first informant was not corroborated and therefore could not provide the basis upon which probable cause could be. established. We conclude, however, that the information given by the first informant was corroborated with specific, consistent details provided by the second informant. In fact, the two informants’ tips were reciprocally corroborative, rendering their information enough to support a finding of. probable cause. See United States v. Jackson, 67 F.3d 1359, 1365 (8th Cir.1995) (holding that information from an informant without a track record could be corroborated with information by an informant with a reliable track record, thereby establishing probable cause), cert. denied, 517 U.S. 1192, 116 S.Ct. 1684, 134 L.Ed.2d 785 (1996). Further, the five-month-old police report described in the affidavit appeared to corroborate the informants’ claims that a man named Tony (presumably short for Antonio), ‘ originally from' Chicago, resided at 200 Courtland Street. [4] We agree with the'District Court that the facts provided in Kniefs affidavit sufficiently established that the information given by the confidential informants was reliable, and that the affidavit provided a substantial basis upon'which the issuing magistrate could conclude that probable cause existed.

Even if probable cause were lácking, we find that the good faith exception to the warrant requirement would apply. See United States v. Leon, 468 U.S. 897, 923, 104, S.Ct. 3405, 3420-21, 82 L.Ed.2d 677 (1984)(estab-lishing the good faith exception). Under the good faith exception, where probable cause is found lacking suppression will not be required if: “(1) the executing officers relied in good faith on a search warrant signed by a neutral and detached magistrate, and (2) the officers’ reliance on the warrant was objectively reasonable.” Jackson, 67 F.3d at 1365 (citing Leon, 468 U.S. at 922-23, 104 S.Ct. at 3420-21). Therefore, absent allegations that the magistrate was not neutral, “suppression is appropriate only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause.” Leon, 468 U.S. at 926, 104 S.Ct. at 3422.

Fulgham argues that' Kniefs statements were made in reckless disregard for the truth because Knief relied on the August 1995 police report for corroboration. In his brief, however, Fulgham claims that the police report was more than two-and-a-half years old when, in fact, at the time of the warrant application the police report was just five months old. [5] We hold that Kniefs use of the police report to corroborate the informants’ tips was not in reckless disregard for the truth.

[*402] Fulgham finally argues that the affidavit contained so few indicia of probable cause as to render Kniefs reliance on the warrant unreasonable. We find this argument to be without merit. Kniefs reliance on the warrant was not unreasonable.

III.

Under the totality-of-the-circumstances analysis, we hold that the magistrate who issued the search warrant had a substantial basis upon which to determine probable cause existed. Further, we hold that the Leon good-faith exception would apply in any event. We therefore affirm the District Court’s order denying Fulgham’s motion to suppress.

2

. The Honorable Michael J. Melloy, Chief Judge, United States District Court for the Northern District of Iowa.

3

. Fulgham is also known as Tony and, like Jerome Antonio Kirk, is a black man originally from Chicago.

4

. Even though Jerome Antonio Kirk wás apparently not residing at the house at the time of the search, we examine only those facts known at the time of the warrant application. See United States v. Williams, 917 F.2d 1088, 1090 (8th Cir.1990).

5

.. In oral argument, Fulgham's counsel conceded this error.