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Jackson v. State

The defendant waived his objection to the state's tender of cocaine and drug-sale paraphernalia officers found in his bedroom by failing to object when the evidence was admitted at trial.

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Following a jury trial, Clarence Jesse Jackson appeals his conviction for possessing cocaine with the intent to distribute, arguing that the trial court erred in admitting the cocaine and drug-sale paraphernalia police found in his bedroom when executing a search warrant. Jackson maintains that the affidavit on which the search warrant was based was invalid. Because Jackson made no such objection when the cocaine and paraphernalia were tendered and admitted at trial, we hold that this objection was waived and therefore affirm. Construed in favor of the verdict, Short v. State ,1 the evidence shows that police arrested William Cobb for possessing cocaine, who in turn offered to help police conduct a controlled buy of cocaine from his supplier. The lead officer prepared an unexecuted affidavit to be used after the controlled buy to obtain a search warrant for the supplier’s premises. Anticipating that the controlled buy would take place in the supplier’s home, he prepared the affidavit to this effect.

When Cobb drove to the supplier’s home, the supplier came out of his residence and stepped into Cobb’s vehicle, transacting the sale of cocaine to Cobb as Cobb drove a short distance down the street. The supplier then exited the vehicle and returned to his home. Cobb immediately met with the lead officer and gave him the purchased cocaine. Jackson was identified as the supplier.

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