United States v. Long

Long, a member of the Lower Brule Sioux Tribe, operated the “OC Store,” a novelty store, on the reservation. The store had few exterior windows. BIA Officer Spargur encountered juveniles, carrying fireworks. One juvenile stated that he just bought them at the OC Store. Spargur went to the Store, was unsure whether it was closed, but concluded the store was open because of lights, music, unlocked doors, and the juveniles’ report that they had “just” purchased fireworks. Spargur entered through two unlocked doors, stopped at a third door, and “knock[ed] and announce[d] police.” Receiving no response, Spargur opened the main door, and, seeing Long’s son, entered the store. Another of Long’s sons acknowledged the juveniles had been in the store. Spargur noticed a small package on one of the concession tables that, based on his experience and training, he “recognized . . . as a package normally holding synthetic marijuana.” Once Long emerged, Spargur reminded him not to sell fireworks after Independence Day, left the store, and prepared an affidavit for a search warrant. A judge, 60 miles away, approved the warrant by telephone. Spargur and others searched the store, seizing 80 grams of synthetic marijuana. Long conditionally pled guilty to possession with intent to distribute a controlled substance, 21 U.S.C. 841(a)(1). The Eighth Circuit affirmed denial of a motion to dismiss, finding that the officers’ actions did not violate the Fourth Amendment. View "United States v. Long" on Justia Law