United States v. William Henry Myers, 106 F.3d 936 (10th Cir. 1997). · Go Syfert
United States v. William Henry Myers, 106 F.3d 936 (10th Cir. 1997). Cases Citing This Book View Copy Cite
“the use of a 'flashbang' device in a house where innocent and unsuspecting children sleep gives us great pause.”
167 citation events (111 in the last 25 years) across 29 distinct courts.
Strongest positive: Terebesi v. Torreso (ca2, 2014-08-21)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Terebesi v. Torreso (2×) also: Cited as authority (rule)
2d Cir. · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
certainly, we could not countenance the use of as a routine matter.
discussed Cited as authority (verbatim quote) Jewell v. United States
10th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is a basic canon of statutory construction that use of the word 'shall' indicates a mandatory intent.
discussed Cited as authority (verbatim quote) Jewell v. United States (2×) also: Cited "see"
10th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is a basic canon of statutory construction that use of the word 'shall' indicates a mandatory intent.
discussed Cited as authority (verbatim quote) United States v. Folks, Gabriel B.
7th Cir. · 2001 · quote attribution · 1 verbatim quote · confidence high
the use of a 'flashbang' device in a house where innocent and unsuspecting children sleep gives us great pause.
discussed Cited as authority (rule) Young v. Grubbs
D. Colo. · 2023 · confidence medium
See Docket No. 29 at 5; United States v. Myers, 106 F.3d 936, 939 (10th Cir. 1997) (holding that a five- month gap between when police received the tip and when a search warrant was obtained did not render the information stale).
cited Cited as authority (rule) McDowell v. Rio Rancho Police Department
D.N.M. · 2022 · confidence medium
Kan. 2006) (quoting United States v. Myers, 106 F.3d 936, 940 (10th Cir. 1997)).
discussed Cited as authority (rule) Rustgi v. Board of County Commissioners of County of Weld, Colorado
D. Colo. · 2021 · confidence medium
Rustgi has also cited authority demonstrating that “Tenth Circuit precedent clearly establishes that the use of such flash-bang explosives during a military-style assault on civilians may violate the Constitution when objectively unreasonable.” (ECF No. 70 at 17 (citing United States v. Myers, 106 F.3d 936, 940 (10th Cir. 1997) (citing Jenkins v. Wood, 81 F.3d 988 , 996–98 (10th Cir. 1996) (Henry, J., concurring) (noting “right to be free from unreasonable flash bang” explosions))).) While the Court notes that Myers ultimately found the officers’ use of force reasonable, Myers stat…
discussed Cited as authority (rule) Quintana v. City and County of Denver
D. Colo. · 2021 · confidence medium
Colo. 2013) (recognizing that officers’ use of “commando-style tactics” may “run the risk of violating the Fourth Amendment” but holding that “the Court cannot find that Sergeant Krammer violated clearly established law by deciding to use a SWAT team in this case to make a dynamic entry into Plaintiff's residence”); United States v. Myers, 106 F.3d 936, 940 (10th Cir. 1997) (recognizing that the “use of a ‘flashbang’ device in a house where innocent and unsuspecting children sleep gives us great pause,” but ultimately determining that “we cannot say that their actions w…
discussed Cited as authority (rule) United States v. Gonzalez-Avalos
10th Cir. · 2018 · confidence medium
Thus, § 5C1.2(a)’s fifth criterion for relief “is very broad, requiring disclosure of everything the defendant knows about his own actions and those who participated in the crime with him.” Id. at 1266 (quoting United States v. Myers, 106 F.3d 936, 941 (10th Cir. 1997)).
discussed Cited as authority (rule) United States v. Villanueva
10th Cir. · 2016 · confidence medium
In Mathis, 357 F.3d at 1203, 1206 , we held two-month-old information was not stale, and in United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997), we held that five-month-old information was not stale.
discussed Cited as authority (rule) Moore v. City of Memphis
W.D. Tenn. · 2016 · confidence medium
Id. (citing Molina v. Cooper, 325 F.3d 963 , 973 & n. 6 (7th Cir.2003); Folks, 236 F.3d at 387-88 ; Watkins , 1999 WL 381119 , at *4; United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997); Jenkins v. Wood, 81 F.3d 988, 996-98 (10th Cir.1996) (Henry, L, concurring)). .
discussed Cited as authority (rule) United States v. Maurek
W.D. Okla. · 2015 · confidence medium
United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997). “[T]he Court must show deference to the magistrate’s finding of probable cause and must interpret the affidavit in a ‘common sense and realistic fashion.’ ” United States v. Taylor, No. 13-CR-0003-001-CVE, 2013 WL 2149644 . at *8 (N.D.Okla.
discussed Cited as authority (rule) Le, Cuong Phu
Tex. Crim. App. · 2015 · confidence medium
I note that, in assessing whether information that might otherwise be stale can support a probable-cause determination in light of the existence of an ongoing and continuous drug enterprise, courts have considered factors such as confirmation of ongoing drug activity from confidential informants; the defendant’s prior drug-trafficking activities; and direct observations by law-enforcement agents indicating drug-trafficking activity.1 By 1 See, e.g., United States v. Rojas-Alvarez, 451 F.3d 320, 332 (5th Cir. 2006) (information in probable-cause affidavit was not stale due to existence of ong…
discussed Cited as authority (rule) State v. Cuong Phu Le
Tex. Crim. App. · 2015 · confidence medium
See, e.g., United States v. Rojas-Alvarez, 451 F.3d 320, 332 (5th Cir. 2006) (information in probable-cause affidavit was not stale due to existence of ongoing drug enterprise; affida vit clearly showed that defendant's family had been involved in drug dealing for several years and that confidential informant had recently purchased drugs from defendant’s family members in controlled buys; additional information included rental-car histories and pattern of border crossings); United States v. Myers, 106 F.3d 936, 939 (10th Cir. 1997) (information was adequate to establish probable cause for on…
discussed Cited as authority (rule) Navajo Health Foundation-Sage Memorial Hospital, Inc. v. Burwell
D.N.M. · 2015 · confidence medium
As the Tenth Circuit has explained, “[i]t is a basic canon of statutory construction that use of the word ‘shall’ indicates a mandatory intent.” United States v. Myers, 106 F.3d 936, 941 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Lam Ly
D. Mass. · 2015 · confidence medium
See Schaefer, 87 F.3d at 568 (citing U.S. v. McKeever, 5 F.3d 863, 866 (5th Cir.1993) (21 month old information not stale); U.S. v. Hammond, 351 F.3d 765, 771-72 (6th Cir.2003) (5 months); U.S. v. Myers, 106 F.3d 936, 938 (10th Cir.1997) (5 months); U.S. v. Greany, 929 F.2d 523, 525 (9th Cir.1991) (two year old information not stale)). .
discussed Cited as authority (rule) Sandra Krause v. Brian Jones (2×)
6th Cir. · 2014 · confidence medium
See Boyd v. Benton Cnty., 374 F.3d 773 , 779 (9th Cir.2004); United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997).
discussed Cited as authority (rule) Terebesi v. Torresso (2×)
2d Cir. · 2014 · confidence medium
See Estate of Escobedo v. Bender, 600 F.3d 770 , 784–86 (7th Cir.) (finding law on stun grenades clearly established before 2005 incident), cert. denied, 131 S. Ct. 463 (2010); Bing v. City of Whitehall, 456 F.3d 555 , 569–71 (6th Cir. 2006) (analyzing use of stun grenades under Graham, but finding that the officers had qualified immunity in light of the unusual circumstances surrounding the incident); Boyd, 374 F.3d at 778–84 (applying Fourth Amendment reasonableness test to find use of stun grenades unreasonable, but finding qualified immunity in light of, inter alia, the dangerousness…
discussed Cited as authority (rule) State v. Rockford (2×)
N.J. · 2013 · confidence medium
Molina v. Cooper, 325 F.3d 963, 973 (7th Cir.2003); United States v. Folks, 236 F.3d 384 , 388 n. 2 (7th Cir.), cert. denied, 534 U.S. 830 , 122 S.Ct. 74 , 151 L.Ed.2d 39 (2001); United States v. Myers, 106 F.3d 936, 940 (10th Cir.), cert. denied, 520 U.S. 1270 , 117 S.Ct. 2446 , 138 L.Ed.2d 205 (1997).
discussed Cited as authority (rule) Ramage v. Louisville/Jefferson County Metro Government
6th Cir. · 2013 · confidence medium
See, e.g., United States v. Dawkins, 83 Fed.Appx. 48, 51 (6th Cir.2003) (“The court is mindful that the use of flash-bang devices will be inappropriate in many cases.”); Molina v. Cooper, 325 F.3d 963 , 973 n. 7 (7th Cir.2003) (noting the lack of cases finding use of a flash-bang to be excessive force); United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997) (“The use of a ‘flash-bang’ device in a house where innocent and unsuspecting children sleep gives us great pause.”).
discussed Cited as authority (rule) Santistevan v. City of Colorado Springs (2×) also: Cited "see, e.g."
D. Colo. · 2013 · confidence medium
United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Galvon-Manzo
10th Cir. · 2011 · confidence medium
Furthermore, the fifth criterion “is very broad, requiring disclosure of everything the defendant knows about his own actions and those who participated in the crime with him.” United States v. Myers, 106 F.3d 936, 941 (10th Cir.1997).
discussed Cited as authority (rule) Commonwealth v. Destephan
Mass. Super. Ct. · 2011 · confidence medium
See, e.g., United States v. Leasure, 319 F.3d 1092, 1099 (9th Cir. 2003) (over six months); United States v. Smith, 266 F.3d 902, 904-05 (8th Cir. 2001) (four months); United States v. Iiland, 254 F.3d 1264, 1269 (10th Cir. 2001) (four months); United States v. Feliz, 182 F.3d 82, 87 (1st Cir. 1999) (three months); United States v. Myers, 106 F.3d 936, 939 (10th Cir. 1997) (five months); United States v. Greany, 929 F.2d 523, 525 (9th Cir. 1991) (twoyears); see State v. Grimshaw, 128 N.H. 431 , 515 A.2d 1201 (1986) (seven months).
discussed Cited as authority (rule) Poolaw v. Marcantel (2×)
10th Cir. · 2009 · signal: cf. · confidence medium
Cf. United States v. Myers, 106 F.3d 936, 939-40 (10th Cir.1997) (concluding it need not decide whether certain information contained in the warrant and affidavit was fabricated where the affidavit established probable cause even without the information); Taylor v. Meacham, 82 F.3d 1556, 1562 (10th Cir.1996) ("If an arrest warrant affidavit contains false statements, the existence of probable cause is determined by setting aside the false information and reviewing the remaining contents of the affidavit.") (quotations omitted).
discussed Cited as authority (rule) United States v. Mims
D. Minnesota · 2008 · confidence medium
United States v. Hammond, 351 F.3d 765, 771-72 (6th Cir.2003) (informant’s tip regarding an indoor marijuana grow operation received five months prior to the issuance of a search warrant was not stale because the crime of drug trafficking was ongoing, the defendant’s location was established, the drugs were likely to be there for an indefinite period of time, and the place to be searched constituted a secure operational base); United States v. Feliz, 182 F.3d 82, 87 (1st Cir.1999) (where agents could reasonably have believed that defendant’s drug trafficking was of a continuous and ongoi…
discussed Cited as authority (rule) Whitewater v. Goss
10th Cir. · 2006 · confidence medium
See also Richards v. Wisconsin, 520 U.S. 385 , 117 S.Ct. 1416 , 137 L.Ed.2d 615 (1997) (rejecting a categorical exception to the knock-and-announee requirement for searches involving narcotics because “not every drug investigation” will “pose special risks to officer safety and the preservation of evidence”); United States v. Basham, 268 F.3d 1199, 1205-1206 (10th Cir.2001) (rejecting the argument that “because a person is involved in the drug trade, that person is likely to be dangerous or possess firearms”); United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997) (rejecting the…
discussed Cited as authority (rule) Whitewater v. Goss
10th Cir. · 2006 · confidence medium
See also Richards v. W isconsin, 520 U.S. 385 (1997) (rejecting a categorical exception to the knock- and-announce requirement for searches involving narcotics because “not every drug investigation” will “pose special risks to officer safety and the preservation of evidence”); United States v. Basham, 268 F.3d 1199, 1205-1206 (10th Cir. 2001) (rejecting the argument that “because a person is involved in the drug trade, that person is likely to be dangerous or possess firearms”); United States v. M yers, 106 F.3d 936, 940 (10th Cir. 1997) (rejecting the routine use of flash-bang dev…
discussed Cited as authority (rule) Hernandez v. Conde (2×) also: Cited "see, e.g."
D. Kan. · 2006 · confidence medium
United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997) (finding that agents complied with the knock and announce rule when they knocked loudly on Mr. Myers’s front door, *1156 and waited ten seconds before battering it down).
discussed Cited as authority (rule) United States v. Boulanger (2×) also: Cited "see"
1st Cir. · 2006 · confidence medium
In reviewing Boulanger’s claim, we must therefore “determine whether the agents’ actions were ‘objectively reasonable’ in light of the facts and circumstances confronting them.” United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Damion J. Morris
8th Cir. · 2006 · confidence medium
See United States v. Jones, 208 F.3d 603, 610 (7th Cir.2000); United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997); United States v. Gatewood, 60 F.3d 248, 250 (6th Cir.1995); United States v. Knapp, 1 F.3d 1026, 1031 (10th Cir.1993); United States v. Garcia, 983 F.2d 1160, 1168 (1st Cir.1993); cf. Banks, 540 U.S. at 38 , 124 S.Ct. 521 (wait of 15 to 20 seconds after knock and announcement was reasonable); United States v. Lucht, 18 F.3d 541, 549 (8th Cir.1994) (officers were constructively refused admittance after waiting 20 seconds); United States v. Streeter, 907 F.2d 781, 788-89 (8th …
discussed Cited as authority (rule) United States v. Damion Morris
8th Cir. · 2006 · confidence medium
See United States v. Jones, 208 F.3d 603, 610 (7th Cir. 2000); United States v. Myers, 106 F.3d 936, 940 (10th Cir. 1997); United States v. Gatewood, 60 F.3d 248, 250 (6th Cir. 1995); United States v. Knapp, 1 F.3d 1026, 1031 (10th Cir. 1993); United States v. Garcia, 983 F.2d 1160, 1168 (1st Cir. 1993); cf. Banks, 540 U.S. at 38 (wait of 15 to 20 seconds after knock and announcement was reasonable); United States v. Lucht, 18 F.3d 541, 549 (8th Cir. 1994) (officers were constructively refused admittance after waiting 20 seconds); United States v. Streeter, 907 F.2d 781, 788-89 (8th Cir. 1990)…
discussed Cited as authority (rule) United States v. Pace
10th Cir. · 2005 · confidence medium
In United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997), we upheld entry into the residence of an individual suspected of drug trafficking ten seconds after a “knock and announce.” In United States v. Knapp, 1 F.3d 1026, 1031 (10th Cir.1993), another drug trafficking case, we upheld entry into defendant’s residence after a ten to twelve second interval.
discussed Cited as authority (rule) United States v. Nielson
10th Cir. · 2005 · confidence medium
See United States v. Ramirez, 523 U.S. 65, 68-69 , 118 S.Ct. 992 , 140 L.Ed.2d 191 (1998) (upholding a no-knock search when the defendant had escaped from police custody, having violently attempted to do so on previous occasions, and was believed to be hiding at a home suspected of having a “stash of guns”); United States v. Gay, 240 F.3d 1222 (10th Cir.2001) (relying on information • that defendant had jumped bail, had been involved in a prior police shootout, and was armed at all times); United States v. King, 222 F.3d 1280 (10th Cir.2000) (relying on information that defendant sold dr…
discussed Cited as authority (rule) United States v. Brinlee (2×) also: Cited "see"
10th Cir. · 2005 · confidence medium
United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997) (explaining that a police investigation can corroborate an informant’s tip).
discussed Cited as authority (rule) United States v. Schirber
10th Cir. · 2005 · confidence medium
We acknowledge that “the determination of whether information is stale depends on the nature of the crime and the length of criminal activity, not simply the number of days that have elapsed between the facts relied upon and the issuance of the warrant.” United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997) (concluding that a gap of five months between tip and search warrant did not render information stale when drug activities were demonstrated to be continuous and ongoing).
cited Cited as authority (rule) United States v. Artez
10th Cir. · 2004 · confidence medium
See United States v. West, 219 F.3d 1171, 1179 (10th Cir.2000); United *1115 States v. Myers, 106 F.3d 936, 939 (10th Cir.1997); United States v. McCranie, 703 F.2d 1213, 1218 (10th Cir.1983).
discussed Cited as authority (rule) United States v. Valdez
10th Cir. · 2004 · confidence medium
See United States v. Salazar-Samaniega, 361 F.3d 1271, 1276-77 (10th Cir.2004) (defendant convicted of possession of cocaine with an intent to distribute was not entitled to a safety valve reduction because the infor *340 mation he provided the government about the cocaine distribution scheme was incomplete or contradictory); United States v. Roman-Zarate, 115 F.3d 778, 784 (10th Cir.1997) (where agents testified at sentencing that the defendant had failed to fully disclose particular details of drug operations and that they believed he had lied or been purposely evasive, the defendant, convic…
discussed Cited as authority (rule) Diener v. Diener
Utah Ct. App. · 2004 · confidence medium
See, e.g., Office of the Guardian Ad Litem v. Anderson, 1999 UT App 251, ¶ 10 , 987 P.2d 611 ; Keith v. Rizzuto, 212 F.3d 1190 , 1193 n. 3 (10th Cir.2000) (" 'It is a basic canon of statutory construction that the use of the word "shall" indicates a mandatory intent.' " (quoting United States v. Myers, 106 F.3d 936, 941 (10th Cir.1997))).
cited Cited as authority (rule) Boyd v. Benton County
9th Cir. · 2004 · confidence medium
Id. at 940 (internal citations omitted).
discussed Cited as authority (rule) ca9 2004
9th Cir. · 2004 · confidence medium
However, we also recognize that we must review the agents' actions from the perspective of reasonable agents on the scene who are legitimately concerned with not only doing their job but with their own safety. 39 Id. at 940 (internal citations omitted).
discussed Cited as authority (rule) United States v. Andy Jardine
10th Cir. · 2004 · confidence medium
See Mathis, 357 F.3d at 1207 (information in affidavit not stale where defendant was suspected of “continuous and ongoing drug activity”); United States v. Iiland, 254 F.3d 1264, 1269 (10th Cir.2001) (information not stale where activities set out in affidavit occurred three months before warrant was obtained because facts demonstrated ongoing drug trafficking over considerable period of time); United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997) (where defendant’s drug activities were “ongoing and continuous,” five month gap between when police received tips and search warrant …
discussed Cited as authority (rule) United States v. Hernandez
10th Cir. · 2004 · confidence medium
“However, the determination of whether information is stale depends on the nature of the crime and the length of criminal activity, not simply the number of days that have elapsed between the facts relied upon and the issuance of the warrant.” United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997) (concluding gap of five months between tip and search warrant did not render information stale when drug activities were demonstrated to be continuous and ongoing). “[T]he passage of time becomes less significant when the criminal offense is continuous.” United States v. Miles, 772 F.2d 61…
cited Cited as authority (rule) United States v. Mathis
10th Cir. · 2004 · confidence medium
Id.; accord, United States v. Le, 173 F.3d 1258, 1267 (10th Cir.1999); United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997).
cited Cited as authority (rule) United States v. Colonna
10th Cir. · 2004 · confidence medium
United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997).
cited Cited as authority (rule) United States v. Dawkins
6th Cir. · 2003 · confidence medium
See United States v. Folks, 236 F.3d 384, 387-88 (7th Cir.2001); United States v. Myers, 106 F.3d 936, 940 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Fiscus
10th Cir. · 2003 · confidence medium
To determine whether information relied upon as the basis for a search is stale, this court considers “the nature of the crime and the length of criminal activity.” See United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997) (considering whether information relied upon to obtain a search warrant was stale).
discussed Cited as authority (rule) United States v. Mancinni-Cantu
10th Cir. · 2003 · confidence medium
Our cases hold that § 3553(f)(5) “is very broad, requiring disclosure of everything the defendant knows about his own actions and those who participated in the crime with him.” United States v. Myers, 106 F.3d 936, 941 (10th Cir.1997); see also United States v. Acosta-Olivas, 71 F.3d 375, 379 (10th Cir.1995) (noting that § 3553(f)(5) has been termed the “tell all that you can tell” requirement).
discussed Cited as authority (rule) State v. Williams
La. · 2001 · confidence medium
United States v. Markling, 7 F.3d 1309, 1318 (7th Cir.1993) (officers waited 7 seconds before starting to try to knock the door down); United States v. Spriggs, 996 F.2d 320, 322-23 (D.C.Cir.1993) (officers waited 15 seconds before attempting to enter); United States v. Ramos, 923 F.2d 1346, 1355-56 (9th Cir. 1991) reversed on other grounds United States v. Ruiz, 257 F.3d 1030 (9th Cir.2001) (after two requests and 45 seconds); United States v. Myers, 106 F.3d 936, 940 (10th Cir.) (agents waited 10 seconds before battering the door down), cert. denied, 520 U.S. 1270 , 117 S.Ct. 2446 , 138 L.Ed…
cited Cited as authority (rule) United States v. Basham
10th Cir. · 2001 · confidence medium
United States v. Myers, 106 F.3d 936, 939 (10th Cir.1997).
discussed Cited as authority (rule) Meredith v. Erath
C.D. Cal. · 2001 · confidence medium
United States v. Markling, 7 F.3d 1309, 1318 (7th Cir.1993) (officers waited 7 seconds before starting to try to knock the door down), cert. denied, 514 U.S. 1010 , 115 S.Ct. 1327 , 131 L.Ed.2d 206 (1995); United States v. Spriggs, 996 F.2d 320, 322-23 (D.C.Cir.1993) (officers waited 15 seconds before attempting to enter), cert. denied, 510 U.S. 938 , 114 S.Ct. 359 , 126 L.Ed.2d 323 (1993); United States v. Ramos, 923 F.2d 1346, 1355-56 (9th Cir.1991) (after two requests and 45 seconds) overruled on other grounds, United States v. Ruiz, 257 F.3d 1030 (9th Cir.2001); United States v. Myers, 106…
UNITED STATES of America, Plaintiff-Appellee,
v.
William Henry MYERS, Defendant—Appellant
96-3105.
Court of Appeals for the Tenth Circuit.
Feb 5, 1997.
106 F.3d 936
Kim Martin Fowler, Assistant U.S. Attorney, Office of the United States Attorney, Kansas City, KS, for Plaintiff—Appellee., Michael Lewis Harris, Office of the Federal Public Defender, Kansas City, KS, for Defendant—Appellant.
Ebel, White, Kelly.
Cited by 118 opinions  |  Published
PAUL KELLY, Jr., Circuit Judge.

Defendant William Henry Myers appeals the district court’s denial of his motion to suppress evidence. Defendant entered a conditional plea of guilty to possession with intent to distribute more than 100 but less than 1,000 marijuana plants, 21 U.S.C. § 841(a)(1). See Fed.R.Crim.P. 11(a)(2). He also appeals the court’s imposition of the minimum mandatory sentence under 21 U.S.C. § 841(b)(1)(B). Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We affirm.

Background

In October 1993, the Kansas Bureau of Investigation (KBI) received information from the Riley County Police Department that Mr. Myers was maintaining an indoor marijuana growing operation. The county police had received the information from the subjects of two separate investigations. One of them provided Mr. Myers’s home address and phone number.

KBI agents confirmed that Mr. Myers lived at the address provided by the informant. They further observed that Mr. Myers’s attic windows were covered with a black opaque material, and that the snow from a recent snowfall had melted from Mr. Myers’s roof, while the snow remained on the roofs of surrounding residences. A check of Mr. Myers’s utility accounts revealed that Mr. Myers’s electricity and water usage was unusually high between December 1993 and February 1994, both in comparison to the previous year’s amounts at the same residence, and to a nearby house of comparable size. For example, Mr. Myers used 2,340 kilowatt hours and 25,500 gallons of water in January 1994—more than double the amount of electricity and five times the amount of water used by the house next door during that month. The KBI’s investigation also revealed that Mr. Myers had used unissued social security numbers for his telephone and utility accounts. Finally, KBI agents discovered that Mr. Myers had prior convictions for burglary and theft, and cocaine trafficking. They also discovered that, as a juvenile, Mr. Myers had been involved in the fire bombing of a jail or police vehicle and had been convicted of possession of an unregistered firearm and possession of a fire bomb.

On the basis of this information, the KBI obtained a warrant to search Mr.[*939] Myers’s residence. The KBI also received permission to conduct a night-time search, reasoning that it would enhance officer safety because the house was surrounded by a substantial open area. The KBI agents also noted that safety was a concern because of Mr. Myers’s criminal history, and because manufacturers and distributors of narcotics often maintain firearms to protect themselves and their operations.

On March 9, 1994, at approximately 6:09 a.m., agents of the KBI, dressed completely in black and wielding automatic machine guns, knocked on Mr. Myers’s front door and announced that they had a search warrant. The agents waited ten seconds, then battered down the door and rolled a Deftee Model 25 Distraction Device, also known as a “flash-bang,” into the living room. The device exploded, and the agents then stormed the house, finding Mr. Myers, his wife, nineteen-year-old stepson, nine-year-old stepdaughter, and seventeen-month-old daughter.

After subduing Mr. Myers and his wife and children, the KBI conducted a search of the house, which revealed a substantial marijuana growing operation in the attic.

The district court sentenced Mr. Myers to the statutory minimum 60 months, 21 U.S.C. § 841(b)(1)(B), holding that it was within its discretion not to apply the “safety valve” provision contained in 18 U.S.C. § 3558(f), which allows a departure from the statutory minimum if the defendant meets certain criteria.

Discussion

A. Fourth Amendment Claims

We review the district court’s factual findings for clear error; however, the reasonableness of a search and seizure under the Fourth Amendment is a question of law which we review de novo. United States v. Hernandez, 93 F.3d 1493, 1498 (10th Cir.1996). “To assess the validity of a search warrant under the Fourth Amendment, we review whether the totality of the circumstances in the affidavit provided ... a substantial basis for finding a fair probability that contraband or other evidence of a crime would be found at the searched premises.” United States v. McCarty, 82 F.3d 943, 947 (10th Cir.) (quotations omitted), cert. denied, — U.S. —, 117 S.Ct. 257, 136 L.Ed.2d 183 (1996).

Mr. Myers first claims that the search warrant was not supported by probable cause because the informants did not provide the basis for their knowledge, and the independent police investigation was insufficient to corroborate the informants’ tips. We disagree. In United States v. Corral, 970 F.2d 719 (10th Cir.1992), we held that an informant’s tip was sufficiently corroborated by a police investigation which showed that the defendant had previously been arrested for drug trafficking, and that the defendant had had an unusually high volume of visitors briefly entering and leaving her residence, consistent with drug trafficking. Id. at 727.

Similarly, here the police uncovered enough evidence to corroborate the informants’ statements. Among other things, Mr. Myers's residence was consuming unusually high amounts of electricity and water, and, as in Corral, Mr. Myers had a criminal record showing a history of drug involvement. The investigation sufficiently corroborated the informants’ statements, and thus the totality of the circumstances in the affidavit provided a substantial basis for finding a fair probability that an illegal growing operation would be found at Mr. Myers’s residence.

Mr. Myers also argues that the information provided to the police was “stale,” because there was a five-month gap between when the police received the tips and when the search warrant was obtained. However, the determination of whether information is stale depends on the nature of the crime and the length of criminal activity, not simply the number of days that have elapsed between the facts relied upon and the issuance of the warrant. United States v. Snow, 919 F.2d 1458, 1460 (10th Cir.1990). We agree with the district court that Mr. Myers’s drug activities were “ongoing and continuous,” so that the passage of time did not render the information stale.

Finally, Mr. Myers attacks the validity of the warrant, claiming that KBI agents manufactured the information in the warrant[*940] concerning one informant’s tip, and that the affidavit failed to reveal that the informants were under arrest at the time they made statements to the police. We need not decide these issues, however, because the information gathered by the KBI is sufficient to establish probable cause even without the challenged tip. Franks v. Delaware, 438 U.S. 154, 156, 98 S.Ct. 2674, 2676-77, 57 L.Ed.2d 667 (1978) (even if a court finds that some information is false, suppression is required only if the false or misleading information is necessary to a finding of probable cause); United States v. Knapp, 1 F.3d 1026, 1029 (10th Cir.1993) (a knowing or reckless omission from a warrant application violates the Fourth Amendment, only if the omitted material would vitiate probable cause).

Mr. Myers next claims that the KBI’s method of executing the search warrant violated his Fourth Amendment right against an unreasonable search. He argues that the KBI failed to comply with the knock and announce requirement in violation of the Fourth Amendment. See Wilson v. Arkansas, — U.S. —, —, 115 S.Ct. 1914, 1918, 131 L.Ed.2d 976 (1995). However, the agents who conducted the search testified that they knocked loudly on Mr. Myers’s front door, and waited ten seconds before battering it down. Thus, the district court’s conclusion that the police knocked and announced is supported by evidence and is not clearly erroneous.

Mr. Myers also challenges the agents’ use of what he calls a “military-style assault.” Pursuant to the warrant, the agents, dressed in black uniforms, conducted the search of Mr. Myers’s residence in the early morning hours. The agents battered down the door and rolled a distraction device into the house, which exploded with a brilliant flash of light and a loud bang, the purpose of which is to distract and disorient any occupants in the vicinity of the entry.

In reviewing Mr. Myers’s Fourth' Amendment claim, we must determine whether the agents’ actions were “objectively reasonable” in light of the facts and circumstances confronting them. Graham v. Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 1872, 104 L.Ed.2d 443 (1989). The use of a “flash-bang” deviee in a house where innocent and unsuspecting children sleep gives us great pause. Certainly, we could not countenance the use of such a device as a routine matter. See Jenkins v. Wood, 81 F.3d 988, 996-98 (10th Cir.1996) (Henry, J., concurring) (questioning the policies of the KBI in using “flash-bangs” and no-knock entries in the execution of a warrant). However, we also recognize that we must review the agents’ actions from the perspective of reasonable agents on the scene, Graham, 490 U.S. at 396, 109 S.Ct. at 1871-72, who are legitimately concerned with not only doing their job but with their own safety. Although it might seem that the KBI’s actions in this case come dangerously close to a Fourth Amendment violation, we cannot say that their actions were objectively unreasonable given the district court’s factual findings. The district court found that the agents knew that Mr. Myers had a history of illegal drug trafficking, and had spent time in federal prison for a fire bombing incident, although they were unsuccessful in learning of the details of the incident. The district court obviously credited police testimony that Mr. Myers’s lengthy pattern of criminal activity—beginning with the fire bombing in 1971 and continuing until the cocaine conviction in 1988 [1] —made them apprehensive. The district court also found that the agents knew that there was a fair probability that Mr. Myers’s residence contained an illegal marijuana growing operation.

B. Sentencing

Mr. Myers claims that the district court erred by imposing the statutory minimum of 60 months, see 21 U.S.C. § 841(b)(1)(B), rather than imposing a lesser sentence pursuant to the “safety valve” provision contained in 18 U.S.C. § 3553(f). [2][*941] Section 3558(f) provides that the district court shall impose a sentence pursuant to the sentencing guidelines, see U.S.S.G. § 2D1.1, without regard to the statutory minimum, if the defendant meets five criteria. We review de novo the district court’s interpretation of a statute or the sentencing guidelines. United States v. Acosta-Olivas, 71 F.3d 375, 377 (10th Cir.1995).

The district court held that whether the safety valve provision should apply is a matter within its discretion, and declined to even address whether the defendant met the five criteria listed in § 3553(f). That holding is at odds with the plain language of the statute, which directs the court to disregard the statutory minimum if the defendant meets the five criteria: “[T]he court shall impose a sentence ... without regard to any statutory minimum sentence....” It is a basic canon of statutory construction that use of the word “shall” indicates a mandatory intent. Norman J. Singer, 1A Sutherland Statutory Construction § 25.04 (5th ed. 1992); see also Association of Civilian Technicians v. Federal Labor Relations Auth., 22 F.3d 1150, 1153 (D.C.Cir.1994) (noting that the word “shall” in a statute “generally indicates a command that admits of no discretion on the part of the person instructed to carry out the directive”).

Regardless, we may affirm the judgment for reasons other than those relied upon by the district court, provided they are supported by the record. Medina v. City and County of Denver, 960 F.2d 1493, 1495 n. 1 (10th Cir.1992). The record is clear that Mr. Myers nas not met section 5 of the safety valve provision, which required him to disclose “all information and evidence ... concerning the offense ... that [was] part of the same course of conduct or of a common scheme or plan.” Section 5 is very broad, requiring disclosure of everything the defendant knows about his own actions and those who participated in the crime with him. See Acosta-Olivas, 71 F.3d at 378-79 (noting that section 5 has been termed the “tell all that you can tell” requirement). In this case, Mr. Myers related to the KBI all that he knew about his own actions, but refused to provide other information, such as who his buyers were or the names of others connected to his operation. Mr. Myers did not provide additional information apparently because he did not think it would be helpful to the government. However, section 5 requires disclosure “whether or not it is relevant or useful to the government’s investigation.” United States v. Shrestha, 86 F.3d 935, 939 (9th Cir.1996); see also Acosta-Olivas, 71 F.3d at 379. The burden was on Mr. Myers to prove that he met the five criteria contained in § 3553(f). United States v. Verners, 103 F.3d 108, 109-10 (10th Cir.1996). He failed to carry that burden.

AFFIRMED.

1

. The police also had information that in 1988, Mr. Myers had told law enforcement agents that he had been involved with drugs for fifteen years.

2

. Notwithstanding any other provision of law, in the case of an offense under [21 U.S.C. § 841], the court shall impose a sentence pursuant to [the United States Sentencing Guidelines, 28[*941] U.S.C. § 994] without regard to any statutory minimum sentence, if the court finds at sentencing ... that—

(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;
(2) the defendant did not use violence or credible threats of violence or possess a fire-aim or other dangerous weapon (or induce another participant to do so) in connection with the offense;
(3) the offense did not result in death or serious bodily injury to any person;
(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. [§ ] 848; and
(5)not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

18 U.S.C. § 3553(f).