Glispie v. the State
335 Ga. App. 177
Ga. Ct. App.2015Background
- Early morning traffic stop: Deputy Watts observed a vehicle with a nonworking headlight, followed and activated lights/siren; the vehicle fled and ran a stop sign during the pursuit, after which pursuit was discontinued for safety.
- Officers located the vehicle at the registered owner's Rockdale County address minutes later; two men were outside, one (Glispie) matched the driver’s clothing and attempted to flee into bushes before being handcuffed.
- A pat-down of Glispie uncovered 14 rocks of suspected crack cocaine, five capsules later identified as methylone, cash, two cell phones, lighters, and a razor; officer testimony linked packaging and quantity to intent to distribute.
- Text messages were extracted from one phone; an officer testified the messages referenced drug sales and included messages identifying the sender as "Jaylend." A warrant had been obtained to search the phone.
- Glispie was convicted of two counts of possession with intent to distribute (cocaine and methylone), obstruction, fleeing/eluding, failure to stop at a stop sign, and operating an unsafe vehicle. He appealed, challenging admission of texts, denial of mistrial, suppression rulings, and sufficiency of evidence.
Issues
| Issue | Glispie’s Argument | State’s Argument | Held |
|---|---|---|---|
| Validity of search warrant for cell phone / probable cause | Warrant lacked probable cause to search phone; police had no specific info linking phone to drug activity | Phone found on person with drugs, cash, razor and another phone; magistrate reasonably could infer phone contained evidence of distribution | Warrant valid; magistrate had substantial basis for probable cause; affidavit adequate |
| Authentication / admissibility of text messages | Texts not properly authenticated and were hearsay | Officer who recovered/downloaded texts testified; texts included self-identification and were party admissions | Admission proper: authentication threshold met; texts admissible as party admissions |
| Denial of mistrial after nonresponsive hearsay answer | Officer’s answer (that another man said he loaned the car) was inadmissible hearsay and prejudicial; mistrial required | Defense opened door by questioning link to vehicle; curative instruction sufficient | Denial of mistrial not an abuse of discretion; curative instruction cured prejudice |
| Suppression of drugs and sufficiency / venue for stop-sign charge | Challenges suppression and overall sufficiency; argues identity/venue issues | State relied on officer ID, physical evidence, texts, and circumstantial proof for venue for most counts | Suppression objections waived at trial; convictions for drug distribution, obstruction, fleeing/eluding, and unsafe vehicle affirmed; failure-to-stop conviction reversed for lack of proven venue |
Key Cases Cited
- State v. Hunter, 282 Ga. 278 (2007) (magistrate’s probable-cause review—substantial deference to issuing judge)
- Smith v. State, 296 Ga. 731 (2015) (probable-cause standard for electronic-device searches; practical, common-sense inquiry)
- Burgess v. State, 292 Ga. 821 (2013) (authentication and admission of electronic/social-media evidence)
- Grissom v. State, 296 Ga. 406 (2015) (curative instructions effect on mistrial analysis)
- Jones v. State, 272 Ga. 900 (2000) (venue is an essential element and must be proved beyond a reasonable doubt)
- United States v. Lebowitz, 676 F.3d 1000 (11th Cir. 2012) (Rule 901 prima facie authentication through witness testimony)