United States v. Michael Renard Albury, Jr.
2015 U.S. App. LEXIS 5767
| 11th Cir. | 2015Background
- Defendant Michael Albury rented hotel room 342, moved to room 332 after a leak, and paid with his own card and cash; hotel staff found drug residue and a loaded Glock in room 342.
- Hotel maintenance supervisor Blackwell removed some baggies but later (at police request) retrieved them from the dumpster; he also told police Albury reclaimed the Glock from the front desk.
- Officers found cocaine residue and baggies in room 342 and later observed (after an entry that the magistrate found unlawful) a mound of white powder in room 332; Detective Johnson included those observations in a warrant affidavit.
- Search warrant for room 332 was issued; search uncovered >600 grams of cocaine, scale, rubber bands, thousands in cash, BZP pills in a purse with a Phoenix .25 pistol, and Albury’s ID and personal effects.
- Albury moved to suppress on Fourth Amendment grounds; magistrate found initial entry into 332 unlawful and thought independent-source inapplicable, but district court held the untainted affidavit supported probable cause and that the warrant would have been sought absent the unlawful observation.
- Jury convicted Albury on multiple drug and firearm counts (one firearm count acquitted); Albury’s motions for acquittal and a new trial were denied; Eleventh Circuit affirms.
Issues
| Issue | Albury's Argument | Government's Argument | Held |
|---|---|---|---|
| Validity of warrant given unlawful entry/plain-view observations | Warrant affidavit relied on observations from an unconstitutional entry of room 332; evidence thus "fruit of the poisonous tree" and should be suppressed | Excise tainted statements; remaining untainted facts from room 342 and Albury’s status/transfer support probable cause, and the warrant would have been sought regardless | Affirms denial of suppression: after excising tainted content affidavit still showed probable cause, and supervisor would have sought warrant absent unlawful view (independent source applies) |
| Sufficiency of evidence for constructive possession of drugs and firearms | Insufficient proof Albury knowingly possessed drugs/firearms; verdicts are inconsistent | Room records, payments, personal effects, ID, and control over rooms support constructive possession; purse contents do not preclude possession inference | Affirmed: evidence sufficient to support constructive possession and intent to distribute |
| Consistency of jury verdicts (guilty on some firearm counts, not guilty on one) | Verdicts inconsistent (guilty of being felon in possession of one gun but not the other while guilty of §924(c) counts) | Verdicts are logically consistent: §924(c) convictions tied to possession of the Phoenix pistol; inconsistent verdicts do not warrant relief where sufficient evidence supports convictions | Affirmed: no reversible inconsistency; even if inconsistent, convictions stand if each is supported by sufficient evidence |
| Motion for new trial (insufficient evidence, inconsistent verdicts, flight instruction) | New trial warranted because of weak evidence, inconsistency, and improper flight instruction | District court properly weighed evidence; flight instruction had factual basis (door unlatched, defendant absent after police arrived) | Affirmed denial of new trial: no abuse of discretion; flight instruction permissible given factual foundation |
Key Cases Cited
- United States v. Terzado-Madruga, 897 F.2d 1099 (11th Cir. 1990) ("fruit of the poisonous tree" and suppression principles)
- Murray v. United States, 487 U.S. 533 (1988) (independent source doctrine inquiry whether illegal search affected decision to seek warrant)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances probable cause standard)
- United States v. Chaves, 169 F.3d 687 (11th Cir. 1999) (two-part test when affidavit contains tainted information)
- United States v. Noriega, 676 F.3d 1252 (11th Cir. 2012) (application of independent source rule and remand procedure)
- Franks v. Delaware, 438 U.S. 154 (1978) (when falsified allegations require excision and reassessment of probable cause)
- United States v. Powell, 469 U.S. 57 (1984) (insulation of inconsistent jury verdicts when supported by sufficient evidence)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)