State v. Jacques Sherron

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
OCTOBER 1997 SESSION
FILED
January 20, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, )
) C.C.A. No. 02C01-9512-CC-00364
Appellee, )
) Crockett County
V. )
) Honorable Dick Jerman, Jr., Judge
)
JACQUES SHERRON, ) (Certified Question- Suppression)
)
Appellant. )
FOR THE APPELLANT: FOR THE APPELLEE:
Charles S. Kelly John Knox Walkup
802 Troy Avenue Attorney General & Reporter
P.O. Box 802
Dyersburg, TN 38025-0507 Elizabeth T. Ryan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Clayburn L. Peeples
District Attorney General
Larry Hardister
Assistant District Attorney General
110 S. College Street
Trenton, TN 38382
OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
The appellant, Jacques Sherron, was indicted for possession of over .5
grams of cocaine with intent to sell or deliver, possession of marijuana, and
evading arrest. He filed a motion to suppress the evidence seized from his
house alleging that the warrant authorizing the search was insufficient upon its
face. The trial court overruled the motion. The appellant pled guilty to
possession with the intent to sell over .5 grams of cocaine, reserving the right to
appeal a certified question of law regarding the validity of the search warrant.
Upon review, we affirm the judgment of the trial court.
The appellant contends that the warrant authorizing the search failed to
show the veracity of the confidential informant or the basis of his knowledge.
The state argues that the search warrant considered together with personally
observed information supplied by a police officer was sufficient evidence of
corroboration to validate the warrant.
A trial court’s determination at a suppression hearing is presumptively
correct on appeal. State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996) The
appellant has the burden of overcoming the presumption by showing that the
evidence preponderates against the trial court’s findings. Id. The Tennessee
Supreme Court has held that courts must utilize the two-pronged Aguilar/Spinelli
test in determining whether probable cause exists to issue a search warrant.
State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989). Before a trial court may issue
a search warrant on the basis of information gained from an informant, the police
officer requesting the warrant must make a showing of the informant’s veracity
and of the informant’s basis of knowledge. Id. at 436. However, the Supreme
Court has stated that this two-prong test should not be applied hypertechnically
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and that independent police corroboration could make up deficiencies in either
prong of the test. Id.The affidavit at issue states in pertinent part:
[A]ffiant has received information from a reliable and
confidential informant and this information has proved to be
reliable through first hand information of the affiant. This
information being that the confidential informant has
observed cocaine base (crack) in the possession of and
being sold by Jacques Sherron in the above described
dwelling within the past 72 hours. The affiant monitored a
controlled buy from Jacques Sherron by the confidential
informant. The evidence purchased was tested and found to
be positive for cocaine base.
The affiant - police officer monitored a controlled buy from the appellant.
The police officer testified that the informant had proven reliable in the past and
that he actually confirmed the informant’s veracity and basis of knowledge by
monitoring a buy from the appellant to the informant. This independent police
corroboration compensated for any alleged deficiency concerning the history of
the informant.
This Court concludes that the search warrant was properly issued. The
appellant has failed to carry his burden. The items seized from his home were
not subject to suppression. The judgment of the trial court is affirmed.
__________________________
PAUL G. SUMMERS, Judge
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CONCUR:
___________________________
JOHN H. PEAY, Judge
___________________________
DAVID G. HAYES, Judge
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