Terry Eugene Glenn, Sr. v. State, 06-14-00212-CR

On May 13, 2011 Officer Jason Mobley responded to a disturbance and found Terry Eugene Glenn lying/imbedded in the roadway; officers and bystanders removed him.
Glenn appeared impaired (slurred/rambling speech, unsteady gait). He held a prescription pill bottle and a driver’s license in his hand; the pill bottle bore a name other than Glenn’s.
While speaking with Glenn, Officer Mobley smelled burned marijuana on Glenn’s clothing.
Officer Mobley opened the pill bottle (and another officer also inspected it); the contents field-tested positive for cocaine and Glenn was arrested for possession of a controlled substance.
At the suppression hearing Glenn challenged the search; the trial court denied suppression. Glenn appealed, arguing Fourth Amendment and other constitutional/statutory grounds and challenging chain of custody for exhibits #4 and #4A.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Whether the search of the pill bottle violated the Fourth Amendment	Glenn argued the pill bottle was searched without a warrant and evidence should be suppressed	State argued plain-view/probable-cause (label not Glenn’s, Glenn’s impairment, odor of marijuana) justified opening; record contains no affirmative evidence the search was warrantless; other constitutional grounds not preserved at hearing	Trial court’s denial of suppression affirmed — probable cause/plain view and odor of marijuana justified search; other constitutional arguments not preserved for appeal
2. Whether chain of custody for exhibits #4 and #4A was sufficient to admit drug evidence	Glenn contended gaps/inconsistencies raised tampering/quantity issues undermining admissibility	State showed beginning (Mobley seized bottle) and end (Officer Beck took to lab and returned it; lab testimony) of chain; no affirmative evidence of tampering; clerical errors explained as bookkeeping mistakes	Admission of exhibits upheld — proof of beginning and end of chain and absence of tampering sufficient; any gaps go to weight not admissibility

Amador v. State, 221 S.W.3d 666 (Tex. Crim. App. 2007) (bifurcated standard of review for suppression rulings)
Wiede v. State, 214 S.W.3d 17 (Tex. Crim. App. 2007) (viewing evidence in the light most favorable to the trial court’s ruling)
State v. Garcia-Cantu, 253 S.W.3d 236 (Tex. Crim. App. 2008) (implication of necessary fact findings when record is silent)
State v. Stevens, 235 S.W.3d 736 (Tex. Crim. App. 2007) (uphold trial court if correct under any applicable theory)
Keehn v. State, 279 S.W.3d 330 (Tex. Crim. App. 2009) (plain-view test elements and probable-cause sufficiency)
Goonan v. State, 334 S.W.3d 357 (Tex. App.—Fort Worth 2011) (pill bottle with another name provided immediate apparent incriminating nature)
Small v. State, 977 S.W.2d 771 (Tex. App.—Fort Worth 1998) (odor of marijuana can supply probable cause for searches)
McGee v. State, 105 S.W.3d 609 (Tex. Crim. App. 2003) (burden on accused to show warrantless search to shift burden to State)
Dossett v. State, 216 S.W.3d 7 (Tex. App.—San Antonio 2006) (proof of beginning and end of chain of custody sufficient absent affirmative tampering evidence)