Jamarlon Jermaine Glenn v. State
09-16-00093-CR
| Tex. App. | Sep 27, 2017Background
- In 2010 Jamarlon Jermaine Glenn pleaded guilty to possession of a controlled substance; the court suspended a five‑year sentence and placed him on community supervision through Dec. 2015 with a condition forbidding firearm possession and additional crimes.
- In Aug. 2014 police conducted a controlled buy near Glenn’s residence; an undercover officer purchased methamphetamine (115 grams) from a distributor who was observed meeting at Glenn’s residence and returning with a white cup used in the transaction.
- A DEA task‑force officer swore an affidavit describing the controlled buy, the confidential source’s tip, the identities and prior arrests/warrants for associates, and stated the officer expected to find drugs, records, and weapons at 1541 F.M. 2830 (Glenn’s property); a magistrate issued a warrant and police searched Glenn’s residence.
- The State filed a motion to revoke Glenn’s community supervision alleging drug offenses and possession of a firearm; Glenn moved to suppress evidence obtained by the warrant, arguing the affidavit failed to show probable cause and lacked sufficient specificity.
- The trial court denied suppression and later revoked supervision after finding by a preponderance of the evidence that Glenn had violated conditions (including firearm possession in his kitchen); Glenn appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Glenn) | Held |
|---|---|---|---|
| Validity of search‑warrant affidavit / probable cause | Affidavit and corroborated controlled buy gave magistrate a fair probability that evidence would be found at property | Affidavit failed to establish probable cause and lacked specificity as to buildings; later argued informant unreliable (raised on appeal, not at trial) | Warrant valid; magistrate reasonably inferred probable cause from four‑corners of affidavit; suppression denied (issue waived in part) |
| Reliability of confidential informant | Corroboration by controlled buy and surveillance bolstered informant’s tip | Informant not shown reliable or trustworthy (argument not raised below) | Waived because not raised at suppression hearing; meritless in any event because controlled buy corroborated tip |
| Omitted details about the controlled buy | Facts included (undercover purchase, distributor’s movements, meeting at Glenn’s back door, return with meth) adequately corroborated tip | Omission of some details undermines particularity and probable cause | Court focuses on combined logical force of included facts; magistrate had substantial basis to issue warrant |
| Sufficiency of evidence for revocation | Evidence from search (including firearm found in kitchen) and other testimony preponderates to show violations | Asked to reopen to admit a post‑hearing videotape; assumed suppression would succeed | Trial court did not abuse discretion; possession of firearm proved by a preponderance and is a sufficient ground to revoke supervision |
Key Cases Cited
- Rodriguez v. State, 232 S.W.3d 55 (Tex. Crim. App. 2007) (totality‑of‑circumstances/"fair probability" standard for probable cause review)
- Illinois v. Gates, 462 U.S. 213 (1983) (magistrate’s probable‑cause determination reviewed for substantial basis under the totality of the circumstances)
- State v. McLain, 337 S.W.3d 268 (Tex. Crim. App. 2011) (four‑corners rule for affidavit review)
- Franks v. Delaware, 438 U.S. 154 (1978) (procedure when defendant alleges false statements or reckless disregard in warrant affidavit)
- U.S. v. Knights, 534 U.S. 112 (2001) (probationers may have diminished expectation of privacy; lower standards for searches can apply)
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (standard of review for revocation of community supervision)
- Smith v. State, 286 S.W.3d 333 (Tex. Crim. App. 2009) (one valid ground is sufficient to support revocation)