The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

United Statesv.Michael Renard Albury, Jr.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.12-15183
DecidedApril 9, 2015
Reporter782 F.3d 1285
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges Marcus and Jill Pryor, and District Judge Robert L. Hinkle of the Northern District of Florida, sitting by designation; Judge Marcus authored the opinion
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureProbable CauseEvidenceSufficiency of the Evidence
Case Summary

After a hotel employee found cocaine residue, crack cocaine, and a loaded firearm in a room Michael Albury had occupied, police entered his replacement room without a warrant and observed a large mound of white powder. A warrant issued on an affidavit that included those observations, along with the untainted evidence from the first room. A search uncovered more than 600 grams of cocaine, BZP pills, firearms, cash, and Albury’s personal effects. A jury convicted Albury of narcotics and firearm offenses. The Eleventh Circuit affirmed. Assuming that the entry into the replacement room was unlawful, the court held that the warrant remained valid under the independent-source rule. After excising the tainted observations, the affidavit still established probable cause from the first room’s drugs and firearm, Albury’s immediate move between rooms, and his prior cocaine-trafficking conviction. The record also supported the district court’s finding that the supervisor, rather than the detective who saw the powder, made the decision to seek a warrant and would have done so without the illegal observation. The court upheld the convictions because Albury controlled both rooms and constructively possessed the contraband, and the apparently inconsistent firearm verdicts did not undermine verdicts supported by sufficient evidence. It also upheld the intentional-flight instruction based on evidence that Albury disappeared after police arrived and left the room unsecured. The convictions were affirmed.

Opinion

Loading published copy…

The Far Side
United States v. Michael Renard Albury, Jr. — The Atlanta Gleaner