Glispie v. State
300 Ga. 128
| Ga. | 2016Background
- At ~2:00 a.m. deputies pursued a vehicle with a nonworking headlight; the driver fled and the pursuit was abandoned for safety.
- Deputies later located the vehicle at the registered owner’s Rockdale County residence; Glispie, wearing the same shirt seen during the pursuit, was detained and resisted arrest.
- A search incident to arrest of Glispie’s person uncovered crack rocks (2.07 g), capsules containing methylone, ~$165 in small bills, two cell phones, lighters, and a razor with residue.
- Text messages were extracted from one phone; outgoing messages referenced the sender as “Jaylend” and drugs for sale; incoming messages included buyers’ requests and slang for quantities.
- Glispie was convicted of controlled substances and driving offenses; he appealed arguing (1) the texts were inadmissible hearsay/impermissible party admissions and (2) the warrant to search the phone lacked probable cause.
Issues
| Issue | Plaintiff's Argument (Glispie) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of texts: whether incoming and outgoing SMS were admissible as party admissions or otherwise | All text messages from the phone were hearsay and inadmissible; incoming messages not Glispie’s statements | Outgoing messages are party admissions; incoming messages were admissible or harmless if admitted in error | Outgoing texts could be treated as Glispie’s admissions; incoming texts, if hearsay, were harmless error given overwhelming admissible evidence |
| Probable cause for phone search warrant: whether the warrant affidavit supported issuing the warrant | Warrant lacked probable cause because affidavit did not show who used the phone or that drug-related communications existed on it | Affidavit detailed flight, resistance, drugs, packaging, cash, and two phones—magistrate reasonably could infer phones were used for drug communications | Magistrate had a substantial basis for probable cause; warrant to search the phones was properly issued |
Key Cases Cited
- Peoples v. State, 295 Ga. 44 (test for nonconstitutional harmless error)
- Felder v. State, 270 Ga. 641 (harmless error analysis in criminal convictions)
- Palmer v. State, 285 Ga. 75 (standard for magistrate’s probable-cause decision)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
- Smith v. State, 296 Ga. 731 (practical, nontechnical probable-cause standard)
- Riley v. California, 573 U.S. 373 (distinguishes warrantless cell‑phone searches; noted but not controlling here)