United States v. Gray, No. 10-11150 (5th Cir. 2012)Annotate this Case
Defendant appealed his conviction for possession of five grams or more of crack cocaine with intent to distribute. Defendant argued that the district erred in admitting the crack cocaine and in admitting four photographs of defendant posing with a gun. Defendant was forced to undergo a proctoscopic examination under sedation pursuant to a warrant obtained on the police's belief that he was concealing crack cocaine in his rectum. The court found that the search was unreasonable but that the evidence should not be suppressed because the police acted in good-faith reliance on a valid search warrant. The court held that the district court abused its discretion in admitting the non-probative photographs but there was no reversible error because there was substantial evidence supporting defendant's conviction. Accordingly, the judgment was affirmed.