US v. Briscoe: In May 2015, Briscoe was involved in a drug trafficking operation when one of his sources was arrested. He learned that his other source was told to sell Briscoe 80 grams of narcotics to raise money for bail. Rather than purchase the drugs, Briscoe stole them, shooting and killing his other source and her 7-year-old son. On May 26, 2020, Briscoe was charged via information with a last alleged date of conduct (possession with intent to distribute) of May 27, 2015. An indictment was filed on July 1 (two superseding indictments were filed later). After his motion to dismiss for violation of the statute of limitations was denied, Briscoe was convicted at trial of six counts, including two counts of using a firearm to cause murder and one count of killing a witness. He was sentenced to life in prison.
On appeal, the Fourth Circuit affirmed Briscoe’s convictions, rejecting several arguments. Of particular interest, the court concluded that there was no violation of the statute of limitations. All agreed that the indictment ultimately returned related back to the originally filed information, but Briscoe argued that because he did not consent to being charged by information that it did not “institute” proceedings as required. The court disagreed, joining several other circuits, in holding that an information does institute proceedings. The court also rejected Briscoe’s argument that police use of a cell site simulator violated the Fourth Amendment because the Maryland state law procedure used by the officer required the finding of probable cause by a detached judicial officer.
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