Probable cause exists only if the facts submitted to a magistrate justify a conclusion that the object of the search is probably on the premises at the time of issuance.
An appellant challenged the sufficiency of a search warrant affidavit used to obtain evidence of cocaine possession. The affidavit contained information from a confidential informant regarding suspicious activity and observations of an individual carrying packages, as well as reports of narcotics users frequenting the premises. The court held that while reasonable inferences may be drawn from facts within the four corners of an affidavit, material information cannot be read into an affidavit that does not appear on its face. Because the affidavit's facts were too disjointed and failed to establish a connection between the contraband and the specific premises, it did not provide a substantial basis for probable cause.
At page 587 Affidavit establishing probable cause for search warrant200 citing cases“probable cause to support the issuance of a search warrant exists where the facts submitted to the magistrate are sufficient to justify a conclusion that the object of the search is probably on the premises to be searched at the time the warrant is issued.”
- Nathan Ray Foreman v. State, No. 14-15-01005-CR (Tex. App.—Houston [14th Dist.] Aug. 31, 2018).published See Cassias, 719 S.W.2d at 590 (“It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit,” but a reviewing court may not “read material information into an affidavit that doe…
- Nathan Ray Foreman v. State, No. 14-15-01006-CR (Tex. App.—Houston [14th Dist.] Aug. 31, 2018).published See Cassias, 719 S.W.2d at 590 (“It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit,” but a reviewing court may not “read material information into an affidavit that doe…
- Daniel G. Jarnagin v. State, 392 S.W.3d 223 (Tex. App.—Amarillo 2012).published (A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested)
- Rodriguez v. State, 232 S.W.3d 55 (Tex. Crim. App. 2007).published A grudging or negative attitude by reviewing courts toward warrants will tend to discourage police officers from submitting their evidence to a judicial officer before acting."); see also Cassias v. State, 719 S.W.2d at 588 ("A search warr…
- Aetezaz Ahmad v. State, 615 S.W.3d 496 (Tex. App.—Houston [1st Dist.] 2020).publishedCassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- David Malcom Strickland v. State, No. 13-16-00701-CR, 2020 WL 373072 (Tex. App.—Corpus Christi–Edinburg Jan. 23, 2020).unpublishedApp. 1996) (quoting Cassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Lynn Allen Isbell v. State, No. 07-18-00130-CR (Tex. App.—Amarillo Oct. 22, 2019).unpublishedApp. 2006); Cassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Daniel Ray Allison v. State, No. 13-17-00399-CR (Tex. App.—Corpus Christi June 21, 2018).unpublishedCassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Freddy Perez v. State, No. 02-14-00279-CR (Tex. App.—Fort Worth Dec. 10, 2015).unpublishedCassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Engle, Mark Eugene, No. PD-1562-15 (Tex. Crim. App. Dec. 2, 2015).unpublished“Probable cause to support the issuance of a search warrant exists where the facts submitted to the magistrate are sufficient to justify a conclusion that the object of the search is probably on the premises to be search…”
Show 140 more citing cases
- Mark Eugene Engle v. State, No. 06-14-00239-CR (Tex. App.—Texarkana Nov. 3, 2015).unpublished“Probable cause to support the issuance of a search warrant exists where the facts submitted to the magistrate are sufficient to justify a conclusion that the object of the search is probably on the premises to be search…”
- Zamora, Rene, No. PD-1026-15 (Tex. Oct. 23, 2015).unpublishedGates, 462 U.S. at 238-239 ; Cassias v. State, 719 S.W.2d 585, 587-588 (Tex.Cr.App.1986); State v. Le, PD-0605-14 (Tex.Cr.App., April 29, 2015)(slip op. at 8-9).
- Zamora, Rene, No. PD-1029-15 (Tex. Crim. App. Oct. 22, 2015).unpublishedGates, 462 U.S. at 238-239 ; Cassias v. State, 719 S.W.2d 585, 587-588 (Tex.Cr.App.1986); State v. Le, PD-0605-14 (Tex.Cr.App., April 29, 2015)(slip op. at 8-9).
- James Eric Loften v. State, No. 09-13-00543-CR (Tex. App.—Beaumont Oct. 14, 2015).unpublishedCassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Le, Cuong Phu, No. PD-0605-14 (Tex. Crim. App. May 15, 2015).publishedApril 29, 2015)(Alcala, J., 1 Citing, in footnote, Cassias v. State, 719 S.W.2d 585, 587 (Tex.Cr.App. 1986); Schmidt v. State, 659 S.W.2d 420 (Tex.Cr.App. 1983); and ; Gish v. State, 606 S.W.2d 883, 886 (Tex.Cr.App. 1980). 8 dissenting).
- Moreno v. State, 415 S.W.3d 284 (Tex. Crim. App. 2013).published Gates, 462 U.S. at 238-39 , 103 S.Ct. 2317 (internal quotation marks and citations omitted); Cassias v. State, 719 S.W.2d 585, 587-88 (Tex.Crim.App.1986).
- Bradley Ray McClintock v. State, 405 S.W.3d 277 (Tex. App.—Houston [1st Dist.] 2013).publishedSee, e.g., Crider v. State, 352 S.W.3d 704, 707 (Tex.Crim.App.2011); Cassias v. State, 719 S.W.2d 585, 587-88 (Tex.Crim.App.1986).
- Jose Eduardo Orozco A/K/A Jose Martinez Orozco v. State, No. 08-12-00051-CR (Tex. App.—El Paso Apr. 3, 2013).publishedCassias v. State, 719 S.W.2d 585, 587 (Tex.Crim.App. 1986); Bradley, 966 S.W.2d at 873 .
- Jose Eduardo Orozco A/K/A Jose Martinez Orozco v. State, No. 08-12-00052-CR (Tex. App.—El Paso Apr. 3, 2013).publishedCassias v. State, 719 S.W.2d 585, 587 (Tex.Crim.App. 1986); Bradley, 966 S.W.2d at 873 .
- Juan Carlos Banal v. State, No. 08-11-00032-CR (Tex. App.—El Paso Dec. 21, 2012).publishedCassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Donald Eugene Skaggs v. State of Texas, No. 11-10-00273-CR (Tex. App.—Eastland Oct. 11, 2012).unpublishedCassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Ricardo Sanchez v. State, No. 14-11-00690-CR (Tex. App.—Houston [14th Dist.] Sept. 18, 2012).unpublishedApp. 2011)). “‘Where facts and circumstances within the knowledge of a police officer, arising from a reasonably trustworthy source, would warrant a man of reasonable caution in the belief that items of contraband or evidence of a crime ma…
- Bryant Williams v. State, No. 01-11-00018-CR (Tex. App.—Houston [1st Dist.] June 21, 2012).unpublishedCassias v. State, 719 S.W.2d 585, 587 (Tex. Crim.
- Charles D. Thompson v. State, No. 01-09-00567-CR (Tex. App.—Houston [1st Dist.] Feb. 17, 2011).unpublishedCassias v. State , 719 S.W.2d 585, 587 (Tex. Crim.
- State v. Robert Ward Hart, No. 01-10-00090-CR (Tex. App.—Houston [1st Dist.] Jan. 6, 2011).unpublishedCassias v. State , 719 S.W.2d 585, 587 (Tex. Crim.
- State v. Delagarza, 158 S.W.3d 25 (Tex. App.—Austin 2005).published
- State v. Davila, 169 S.W.3d 735 (Tex. App.—Austin 2005).published
- Blake v. State, 125 S.W.3d 717 (Tex. App.—Houston [1st Dist.] 2003).published
- McKissick v. State, 209 S.W.3d 205 (Tex. App.—Houston [1st Dist.] 2006).published
- Swearingen v. State, 143 S.W.3d 808 (Tex. Crim. App. 2004).published
- Graves v. State, 307 S.W.3d 483 (Tex. App.—Texarkana 2010).published
- Hedspeth v. State, 249 S.W.3d 732 (Tex. App.—Austin 2008).published
- Pair v. State, 184 S.W.3d 329 (Tex. App.—Fort Worth 2006).published
- W.Y.N.N. v. State, 996 S.W.2d 324 (Tex. App.—Fort Worth 1999).published
- State v. Stone, 137 S.W.3d 167 (Tex. App.—Houston [1st Dist.] 2004).published
- Flores v. State, 287 S.W.3d 307 (Tex. App.—Austin 2009).published
- Heitman v. State, 789 S.W.2d 607 (Tex. App.—Dallas 1990).published
- Serrano v. State, 123 S.W.3d 53 (Tex. App.—Austin 2003).published
- Zule v. State, 802 S.W.2d 28 (Tex. App.—Corpus Christi 1991).published
- Allen v. State, 899 S.W.2d 296 (Tex. App.—Houston [14th Dist.] 1995).published
- Lane v. State, 971 S.W.2d 748 (Tex. App.—Dallas 1998).published
- Chavez v. State, 769 S.W.2d 284 (Tex. App.—Houston [1st Dist.] 1989).published
- Arrick v. State, 107 S.W.3d 710 (Tex. App.—Austin 2003).published
- Ramos v. State, 934 S.W.2d 358 (Tex. Crim. App. 1996).published
- Carroll v. State, 911 S.W.2d 210 (Tex. App.—Austin 1995).published
- Davis v. State, 202 S.W.3d 149 (Tex. Crim. App. 2006).published
- Davis v. State, 165 S.W.3d 393 (Tex. App.—Fort Worth 2005).published
- Mason v. State, 838 S.W.2d 657 (Tex. App.—Corpus Christi 1992).published
- Lockett v. State, 879 S.W.2d 184 (Tex. App.—Houston [14th Dist.] 1994).published
- Mahmoudi v. State, 999 S.W.2d 69 (Tex. App.—Houston [14th Dist.] 1999).published
- Barton v. State, 962 S.W.2d 132 (Tex. App.—Beaumont 1998).published
- Uresti v. State, 98 S.W.3d 321 (Tex. App.—Houston [1st Dist.] 2003).published
- Duncan v. State, 182 S.W.3d 409 (Tex. App.—Texarkana 2005).published
- State v. Bridges, 977 S.W.2d 628 (Tex. App.—Houston [14th Dist.] 1998).published
- State v. Ozuna, 88 S.W.3d 307 (Tex. App.—San Antonio 2003).published
- State v. Dugas, 296 S.W.3d 112 (Tex. App.—Houston [14th Dist.] 2009).published
- Davis v. State, 27 S.W.3d 664 (Tex. App.—Waco 2000).published
- State v. Walker, 140 S.W.3d 761 (Tex. App.—Houston [14th Dist.] 2004).published
- Romo v. State, 315 S.W.3d 565 (Tex. App.—Fort Worth 2010).published
- Brown v. State, 243 S.W.3d 141 (Tex. App.—Eastland 2008).published
- Lowery v. State, 843 S.W.2d 136 (Tex. App.—Dallas 1992).published
- State v. Bradley, 966 S.W.2d 871 (Tex. App.—Austin 1998).published
- Mandujano v. State, 799 S.W.2d 318 (Tex. App.—Houston [1st Dist.] 1990).published
- State v. Raymer, 786 S.W.2d 15 (Tex. App.—Dallas 1990).published
- Flores v. State, 827 S.W.2d 416 (Tex. App.—Corpus Christi 1992).published
- State v. Bassano, 827 S.W.2d 557 (Tex. App.—Corpus Christi 1992).published
- Young v. State, 759 S.W.2d 680 (Tex. App.—Dallas 1988).published
- Melton v. State, 750 S.W.2d 281 (Tex. App.—Houston [14th Dist.] 1988).published
- Hackleman v. State, 919 S.W.2d 440 (Tex. App.—Austin 1996).published
- Smith, Kenneth Ray v. State, No. 01-01-00983-CR (Tex. App.—Houston [1st Dist.] Oct. 10, 2002).unpublished
- Robinson, Derrick Dewayne v. State, No. 01-99-01446-CR (Tex. App.—Houston [1st Dist.] Apr. 11, 2002).unpublished
- State v. Christian Sparks, No. 01-04-01183-CR (Tex. App.—Houston [1st Dist.] July 28, 2005).unpublished
- C. Tom Zaratti v. State, No. 01-04-01019-CR, 2006 WL 2506899 (Tex. App.—Houston [1st Dist.] Aug. 31, 2006).unpublished
- Donald Ray Richardson v. State, No. 01-04-00833-CR, 2006 WL 488661 (Tex. App.—Houston [1st Dist.] Mar. 2, 2006).unpublished
- Leonard Wayne Grimes v. State, No. 01-07-01024-CR (Tex. App.—Houston [1st Dist.] Dec. 4, 2008).unpublished
- Charles Wayne Burnett v. State, No. 01-07-00960-CR (Tex. App.—Houston [1st Dist.] Oct. 9, 2008).unpublished
- Jeffery Scott Davis v. State, No. 02-04-00355-CR (Tex. App.—Fort Worth Mar. 24, 2005).published
- Frankie Dean Pair, Jr. v. State, No. 02-04-00494-CR (Tex. App.—Fort Worth Jan. 5, 2006).published
- James David Harrison v. State, No. 03-91-00177-CR (Tex. App.—Austin Jan. 20, 1993).unpublished
- Jerry Salazar MacHado v. State, No. 03-94-00302-CR (Tex. App.—Austin May 3, 1995).unpublished
- Samuel Brock Madely v. State, No. 03-95-00662-CR (Tex. App.—Austin June 19, 1996).unpublished
- Jason Isaiah Robinson v. State, No. 03-95-00559-CR (Tex. App.—Austin May 29, 1996).unpublished
- David Hackleman v. State, No. 03-94-00076-CR (Tex. App.—Austin Feb. 14, 1996).published
- Daniel Nanez v. State, No. 03-97-00640-CR (Tex. App.—Austin Dec. 29, 1998).unpublished
- Guadalupe Robert Natal v. State, No. 03-97-00328-CR (Tex. App.—Austin July 16, 1998).unpublished
- William Calton Evans v. State, No. 03-97-00635-CR (Tex. App.—Austin Feb. 19, 1999).unpublished
- Kenneth Cesar Luna v. State, No. 03-97-00605-CR, 1999 WL 11183 (Tex. App.—Austin Jan. 14, 1999).unpublished
- Yvonne Davis v. State, No. 03-00-00089-CR (Tex. App.—Austin Oct. 26, 2000).unpublished
- Jimmy Elms v. State, No. 03-00-00123-CR (Tex. App.—Austin Aug. 9, 2001).unpublished
- John Slaughter v. State, No. 03-00-00164-CR (Tex. App.—Austin Feb. 28, 2001).unpublished
- Gary Lynn Norsworthy v. State, No. 03-00-00047-CR (Tex. App.—Austin Jan. 19, 2001).unpublished
- Laurie Jo Lappert v. State, No. 03-00-00198-CR (Tex. App.—Austin Jan. 11, 2001).unpublished
- Gregory William Lappert v. State, No. 03-00-00197-CR (Tex. App.—Austin Jan. 11, 2001).unpublished
- Rodney Swearingen v. State, No. 03-02-00227-CR (Tex. App.—Austin Dec. 5, 2002).unpublished
- Bradley Wayne Dixon v. State, No. 03-01-00459-CR, 2002 WL 31206210 (Tex. App.—Austin Oct. 3, 2002).unpublished
- Daniel Serrano v. State, No. 03-02-00813-CR (Tex. App.—Austin Sept. 25, 2003).published
- Gregory Hubert Wiebelhaus v. State, No. 03-03-00672-CR (Tex. App.—Austin Aug. 26, 2004).unpublished
- State v. Mario Delagarza, No. 03-04-00249-CR (Tex. App.—Austin Jan. 21, 2005).published
- Larry Don Johnson v. State, No. 03-04-00732-CR (Tex. App.—Austin July 7, 2006).unpublished
- Arnaldo Aleman Gomez v. State, No. 03-05-00730-CR, 2007 Tex. App. LEXIS 8853 (Tex. App.—Austin Nov. 9, 2007).unpublished
- State v. Jesse Keith James, No. 03-07-00210-CR, 2007 WL 3225374 (Tex. App.—Austin Oct. 31, 2007).unpublished
- State v. Eloy Davila, No. 03-06-00214-CR (Tex. App.—Austin Feb. 23, 2007).unpublished
- State v. John Tomack Williams, No. 03-05-00738-CR (Tex. App.—Austin Feb. 14, 2007).unpublished
- State v. Stephen Wayne Smith, No. 03-07-00272-CR (Tex. App.—Austin Feb. 7, 2008).unpublished
- State v. Stephen Wayne Smith, No. 03-07-00273-CR (Tex. App.—Austin Feb. 7, 2008).unpublished
- David Alexander Bailey v. State, No. 03-07-00417-CR (Tex. App.—Austin Oct. 27, 2009).unpublished
- Jessie Ray Rose v. State, No. 04-04-00344-CR, 2005 WL 16264 (Tex. App.—San Antonio Jan. 5, 2005).unpublished
- Victor Pardo v. State, No. 04-08-00629-CR, 2009 WL 1706760 (Tex. App.—San Antonio June 17, 2009).unpublished
- Victor Pardo v. State, No. 04-08-00628-CR (Tex. App.—San Antonio June 17, 2009).unpublished
- Roundtree, Lorie Denise v. State, No. 05-96-00875-CR (Tex. App.—Dallas July 10, 1998).unpublished
- in Re: Richard Allen Kleven, II, No. 06-03-00029-CV (Tex. App.—Texarkana Mar. 7, 2003).published
- Thomas Dale Amburn v. State, No. 06-02-00204-CR (Tex. App.—Texarkana Jan. 6, 2004).unpublished
- Milton Heath Hill v. State, No. 06-06-00165-CR (Tex. App.—Texarkana July 17, 2007).published
- Lee Miller v. Texas Dep't of Crim. Just.-Institutional Div., No. 06-07-00004-CV (Tex. App.—Texarkana Apr. 10, 2007).unpublished
- Tommy Lee Hall v. State of Texas, No. 07-01-00014-CR (Tex. App.—Amarillo Sept. 18, 2001).unpublished
- Nathaniel Vontre Green v. State of Texas, No. 07-00-00586-CR (Tex. App.—Amarillo Sept. 17, 2002).unpublished
- the Equitable Life Assurance Soc'y of the United States v. David Fish, as Indep. Adm'r of the Est. of Susan Beach Fish, No. 07-01-00489-CV (Tex. App.—Amarillo July 1, 2002).unpublished
- Angelo R. Carrillo v. State, 98 S.W.3d 789 (Tex. App.—Amarillo 2003).published
- Jerry Wayne Bannister v. State, No. 07-06-00280-CR (Tex. App.—Amarillo Oct. 17, 2008).unpublished
- Robert Cortez Matlock v. State, No. 08-07-00225-CR (Tex. App.—El Paso Sept. 16, 2009).published
- Robert Cortez Matlock v. State, No. 08-07-00226-CR (Tex. App.—El Paso Sept. 16, 2009).published
- Robert Cortez Matlock v. State, No. 08-07-00227-CR (Tex. App.—El Paso Sept. 16, 2009).published
- Robert Cortez Matlock v. State, No. 08-07-00227-CR (Tex. App.—El Paso Sept. 16, 2009).published
- Robert Cortez Matlock v. State, No. 08-07-00226-CR (Tex. App.—El Paso Sept. 16, 2009).published
- Douglas Allen Steinberger v. State, No. 08-07-00208-CR (Tex. App.—El Paso June 17, 2009).published
- Charles Anthony Cascio v. State, No. 09-06-00311-CR, 2007 WL 2200023 (Tex. App.—Beaumont Aug. 1, 2007).unpublished
- Selph, Andrew Sanchez v. State, No. 14-03-01113-CR (Tex. App.—Houston [14th Dist.] Apr. 14, 2005).unpublished
- Willie Charles Waddle v. State, No. 14-06-00087-CR (Tex. App.—Houston [14th Dist.] Jan. 30, 2007).published
- Newman Mikey Richard v. State, No. 14-07-00045-CR (Tex. App.—Houston [14th Dist.] July 15, 2008).unpublished
- Swearingen, Rodney, No. PD-0110-03 (Tex. Crim. App. June 23, 2004).published
- Harley William Fike v. State, No. 03-09-00123-CR (Tex. App.—Austin Sept. 22, 2010).unpublished
- Peggy Elaine Jezek v. State, No. 03-09-00575-CR, 2010 WL 3431677 (Tex. App.—Austin Aug. 31, 2010).unpublished
- Levi Barriere v. State, No. 03-09-00026-CR (Tex. App.—Austin Aug. 31, 2010).unpublished
- Kenneth Dawndray Herrod v. State, No. 03-09-00076-CR, 2010 Tex. App. LEXIS 7243 (Tex. App.—Austin Aug. 31, 2010).unpublished
- Oscar Capetillo Lopez v. State, No. 03-09-00472-CR (Tex. App.—Austin Aug. 6, 2010).unpublished
- Jack Carlton Wilkin, Jr. v. State, No. 03-07-00715-CR (Tex. App.—Austin Mar. 25, 2010).unpublished
- State v. Dustin Edward Klendworth, No. 12-09-00410-CR (Tex. App.—Tyler July 30, 2010).published
- Robert Albert Mitchell v. State, No. 12-09-00194-CR (Tex. App.—Tyler May 12, 2010).published
- Daniel Tolopka, II v. State, No. 07-08-00008-CR (Tex. App.—Amarillo Jan. 31, 2010).unpublished
- Mino Turnbow v. State, No. 02-09-00438-CR, 2010 WL 4486223 (Tex. App.—Fort Worth Nov. 10, 2010).unpublished
- Heriberto Valtierra v. State, No. 04-08-00239-CR (Tex. App.—San Antonio Nov. 17, 2010).unpublished
- Robert Romo v. State, No. 02-09-00154-CR (Tex. App.—Fort Worth Apr. 8, 2010).published
- $8,074.68 in United States Currency 40 \8 Liner\" MacHines 3 Walmart Gift Cards & Misc. Papers v. State", No. 05-13-01502-CV (Tex. App.—Dallas Apr. 20, 2015).published
- Rodriguez v. State, 781 S.W.2d 946 (Tex. App.—Dallas 1989).published
- Salazar v. State, 806 S.W.2d 291 (Tex. App.—Amarillo 1991).published
- Sanchez v. State, 825 S.W.2d 761 (Tex. App. 1992).published
- King v. State, 856 S.W.2d 610 (Tex. App.—Waco 1993).published
- Nichols v. State, 877 S.W.2d 494 (Tex. App.—Fort Worth 1994).published
- Hammond v. State, 898 S.W.2d 6 (Tex. App.—Dallas 1995).published
- State v. Hill, 299 S.W.3d 240 (Tex. App.—Texarkana 2009).published
At page 590 Determining probable cause from affidavit content40 citing casesop. on reh'g
- Nathan Ray Foreman v. State, No. 14-15-01005-CR (Tex. App.—Houston [14th Dist.] Aug. 31, 2018).published (It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit,” but a reviewing court may not “read material information into an affidavit that does not otherw…)
- Nathan Ray Foreman v. State, No. 14-15-01006-CR (Tex. App.—Houston [14th Dist.] Aug. 31, 2018).published (It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit,” but a reviewing court may not “read material information into an affidavit that does not otherw…)
- Foreman v. State, 561 S.W.3d 218 (Tex. App.—Houston [14th Dist.] 2017).published(It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit," but a reviewing court may not "read material information into an affidavit that does not otherw…)
- Blocker, Gordon Stanley, No. PD-0441-15 (Tex. Crim. App. May 22, 2015).unpublished([i]t is one 15 thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit . . . [it] is quite another matter to read material information into an affidavit that does…)
- Joseph Angel Alvarez v. the State of Texas, No. 08-24-00004-CR (Tex. App.—El Paso Aug. 13, 2025).published(holding facts that “brick type packages” were seen and that “several” people, who officer 21 believed were narcotics users, frequented the address, was insufficient to give rise to probable cause that drugs would be fou…)
- James Irven Staley III v. the State of Texas, No. 02-23-00053-CR (Tex. App.—Fort Worth Mar. 6, 2025).publishedOur sister court noted that “[a]lthough courts may draw reasonable inferences from information clearly set forth in the affidavit, material information should not be read into the affidavit that does not otherwise appear on its face.” Id.…
- The State of Texas v. Xavier Garcia, No. 05-22-01107-CR (Tex. App.—Dallas Mar. 13, 2024).unpublishedCassias v. State, 719 S.W.2d 585, 590 (Tex. Crim.
- The State of Texas v. Steven Lane Skarritt, No. 01-22-00884-CR (Tex. App.—Houston [1st Dist.] June 22, 2023).unpublished It is quite another matter to read material information into an affidavit that does not otherwise appear on its face.” Cassias v. State, 719 S.W.2d 585, 590 (Tex. Crim. App. 1986).
- Michael Ray Bonds v. State, 355 S.W.3d 902 (Tex. App.—Fort Worth 2011).published Cassias v. State, 719 S.W.2d 585, 590 (Tex.Crim.App.1986).
- Crider v. State, 352 S.W.3d 704 (Tex. Crim. App. 2011).published Schmidt v. State, 659 S.W.2d 420, 421 (Tex.Crim.App.1983) ("The facts submitted to the magistrate ... must be sufficient to justify the conclusion that the property that is the object of the search is probably on the premises to be searche…
Show 18 more citing cases
- Crider, Robert Jackson, No. PD-0592-10 (Tex. Crim. App. Nov. 16, 2011).published App. 1983) ("The facts submitted to the magistrate . . . must be sufficient to justify the conclusion that the property that is the object of the search is probably on the premises to be searched at the time the warrant issues. " ); Cassia…
- State v. Wilson, 337 S.W.3d 289 (Tex. App.—Texarkana 2011).published (op. on reh’g)
- Farhat v. State, 337 S.W.3d 302 (Tex. App.—Fort Worth 2011).published Cassias v. State , 719 S.W.2d 585, 590 (Tex. Crim.
- State v. Ozuna, 88 S.W.3d 307 (Tex. App.—San Antonio 2003).published
- State v. Christian Sparks, No. 01-04-01183-CR (Tex. App.—Houston [1st Dist.] July 28, 2005).unpublished
- Cardona v. State, 134 S.W.3d 854 (Tex. App.—Amarillo 2004).published
- Albert Cardona v. State, No. 07-03-00096-CR (Tex. App.—Amarillo May 10, 2004).published
- Duncan v. State, 151 S.W.3d 564 (Tex. App.—Fort Worth 2004).published
- Elardo v. State, 163 S.W.3d 760 (Tex. App.—Texarkana 2005).published
- State v. Duncan, 72 S.W.3d 803 (Tex. App.—Fort Worth 2002).published
- Gilmore v. State, 323 S.W.3d 250 (Tex. App.—Texarkana 2010).published
- Hogan v. State, 329 S.W.3d 90 (Tex. App.—Fort Worth 2010).published
- State v. Jordan, 315 S.W.3d 660 (Tex. App.—Austin 2010).published
- Kendron Lateef Miles v. State, No. 01-08-00860-CR (Tex. App.—Houston [1st Dist.] Dec. 3, 2009).unpublished
- David Russell Duncan v. State, No. 02-03-00006-CR (Tex. App.—Fort Worth July 22, 2004).published
- Bryan Keith Theis v. State, No. 03-04-00614-CR, 2005 WL 3076935 (Tex. App.—Austin Nov. 17, 2005).unpublished
- In re Tieri, No. 06-08-00037-CV (Tex. App.—Texarkana Oct. 23, 2008).published
- State of Texas v. James Allen Huddleston, 387 S.W.3d 33 (Tex. App.—Texarkana 2012).published
At page 588 Assessing probable cause from informant information17 citing casesop. on reh'g
- Rodriguez v. State, 232 S.W.3d 55 (Tex. Crim. App. 2007).published (A search warrant affidavit must be read in a commonsense and realistic manner, and reasonable inferences may be drawn from the facts and circumstances contained within its four corners.)
- Richard Dale Griffin v. State, No. 03-19-00429-CR (Tex. App.—Austin Dec. 23, 2020).unpublished In Cassias v. State, the Court of Criminal Appeals concluded that the “facts and circumstances presented in this affidavit are too disjointed and imprecise to warrant a man of reasonable caution in the belief that marihuana and cocaine wou…
- Robert Goynes v. State, No. 06-18-00143-CR (Tex. App.—Texarkana Apr. 1, 2019).unpublishedSee Brinegar v. United States, 338 U.S. 160 (1949); Cassius v. State, 719 S.W.2d 585, 588 (Tex. Crim.
- Crider v. State, 352 S.W.3d 704 (Tex. Crim. App. 2011).published Schmidt v. State, 659 S.W.2d 420, 421 (Tex.Crim.App.1983) ("The facts submitted to the magistrate ... must be sufficient to justify the conclusion that the property that is the object of the search is probably on the premises to be searche…
- Crider, Robert Jackson, No. PD-0592-10 (Tex. Crim. App. Nov. 16, 2011).published (op. on reh'g)
- State v. Jordan, 342 S.W.3d 565 (Tex. Crim. App. 2011).published App. 1983) ("The facts submitted to the magistrate ... must be sufficient to justify the conclusion that the property that is the object of the search is probably on the premises to be searched at the time the warrant issues .") (emphasis…
- Cardona v. State, 134 S.W.3d 854 (Tex. App.—Amarillo 2004).published
- Ashcraft v. State, 934 S.W.2d 727 (Tex. App.—Corpus Christi 1996).published
- Ashcraft v. State, 900 S.W.2d 817 (Tex. App.—Corpus Christi 1995).published
- Hall v. State, 795 S.W.2d 195 (Tex. Crim. App. 1990).published
Show 2 more citing cases
- Alvarez v. State, 750 S.W.2d 889 (Tex. App.—Corpus Christi 1988).published
- Albert Cardona v. State, No. 07-03-00096-CR (Tex. App.—Amarillo May 10, 2004).published
At page 586 Establishing probable cause for a search warrant4 citing cases
- The State of Texas v. Steven Lane Skarritt, No. 01-22-00884-CR (Tex. App.—Houston [1st Dist.] June 22, 2023).unpublished It is quite another matter to read material information into an affidavit that does not otherwise appear on its face.” Cassias v. State, 719 S.W.2d 585, 590 (Tex. Crim. App. 1986).
- Richard Dale Griffin v. State, No. 03-19-00429-CR (Tex. App.—Austin Dec. 23, 2020).unpublished In Cassias v. State, the Court of Criminal Appeals concluded that the “facts and circumstances presented in this affidavit are too disjointed and imprecise to warrant a man of reasonable caution in the belief that marihuana and cocaine wou…
- Manuel, Frederick, No. PD-1651-15 (Tex. Crim. App. Dec. 18, 2015).published The Court of Appeals has decided an important question of state or federal law that is in conflict with an applicable decision of the Court of Criminal Appeals, in particular Cassias v. State, 719 S.W.2d 585, 589 (Tex. Crim.
- Aguirre v. State, 490 S.W.3d 102 (Tex. App.—Houston [14th Dist.] 2016).published
At page 589 Assessing sufficiency of probable cause in search affidavit4 citing caseshistory of drug arrests and credible assertion that defendant seen in possession of marijuana elsewhere did not show the contraband was actually in the residence to be searched
- Manuel, Frederick, No. PD-1651-15 (Tex. Crim. App. Dec. 18, 2015).published (history of drug arrests and credible assertion that defendant seen in possession of marijuana elsewhere did not show the contraband was actually in the residence to be searched)
- Wesley Jerome Wright v. State, 401 S.W.3d 813 (Tex. App.—Houston [14th Dist.] 2013).publishedThese are merely “innocent facts.” Cassias v. State, 719 S.W.2d 585, 589 (Tex.Crim.App.1986).
- Walter Louis Jackson Junior v. State, 495 S.W.3d 398 (Tex. App.—Houston [14th Dist.] 2016).published
v.
the STATE of Texas, Appellee
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW ON MOTION FOR REHEARING
CLINTON, Judge.Our prior opinion in this cause has been challenged by appellant on motion for rehearing.
Appellant was convicted of the offense of possession of cocaine and his punishment assessed at six years in the Texas Department of Corrections.
In his sole ground of error on appeal he maintained that the affidavit in support of the search warrant whereby the evidence against him was obtained was deficient under state and federal constitutions. Specifically he argued that the affidavit was “insufficient on its face under Aguilar v. Texas, 378 U.S. [108, 84 S.Ct. 1509,12 L.Ed.2d] 723, (1964),” and under this Court’s panel opinion in Carmichael v. State, 607 S.W.2d 536 (Tex.Cr.App.1980). The affidavit, sworn to at 10:45 a.m. on April 4, 1980, reads in relevant part as follows:
“I, TRINI RABE, do solemnly swear that heretofore, on or about the 3 day of April, 19780 [sic], in El Paso County, Texas, one TIM CASSIAS, also known as TIMOTHY R. CASSIAS, did then and[*587] there unlawfully possess a narcotic drug, to wit: Marihuana and cocaine, seen by informant in the last 24hrs., and I do have good reason to believe and do believe that said narcotic drug is now concealed by TIM CASSIAS AKA TIMOTHY R. CASSIAS, in the City of El Paso, County of El Paso, Texas, at: 724 Del Mar Street. [A brief description of “a red brick home” with “white garage door” follows], which said premises are in the possession and under control of TIM CASSIAS aka TIMOTHY R. CASSIAS. My belief as aforesaid is based on the following facts: A confidential informant who is well known in the community, a reputable person and who is gainfully employed and who affaint [sic] has known for many years to be reliable person. Affaint [sic] has checked criminal history on people involved and shows evidence the two people involved show the most recent arrest as Dec. 1979, arrest made for possession of dangerous drugs and possession of stolen property. Surveillance has been set up and activity is taking place in the garage area, where these people back their cars all the way into the garage, where a storage is visibly seen directly in back of the garage area. One Keith Henderson was observed by affaint [sic] on 4-2-80 carrying brick type packages believed to be marijuana. A plastic tub with plastic tubeing [sic] was also observed being carried into the back yard by one Keith Henderson. Informant has also revealed that Keith Henderson frequents the place on a daily basis. This information has been checked out by affaint [sic] and surveillance began since March 31, 1980, by affaint [sic]. Affaint [sic] has also observed several narcotic users in and out of 724 Del Mar, staying for brief periods of time.
The unpublished opinion of the El Paso Court of Appeals was issued on June 16, 1982, one year prior to the decision of the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). The court of appeals held that the information contained in the affidavit pertaining to the informant met neither the “veracity and reliability” nor the “basis of knowledge” prong of the test of Aguilar, supra, and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Nevertheless, looking to the information derived from the surveillance and apparently within the firsthand knowledge of the affiant himself, the court of appeals found “that the facts submitted were sufficient to justify the magistrate’s conclusion that the contraband sought was probably on the premises to be searched at the time of the affidavit. Gish v. State, 606 S.W.2d 883, 886 (Tex.Cr.App.1980).”
In his petition for discretionary review appellant contends that in so ruling the court of appeals “has so far departed from and is in such conflict with the applicable decisions of this Honorable Court that the Court of Criminal Appeals must exercise its power of supervision.” See Tex.Cr. App.R., Rule 302(c)(6), now Tex.R.App.Pro. Rule 200(c)(6). We granted his petition to examine this contention.
Probable cause to support the issuance of a search warrant exists where the facts submitted to the magistrate are sufficient to justify a conclusion that the object of the search is probably on the premises to be searched at the time the warrant is issued. E.g., Gish v. State, supra; Schmidt v. State, 659 S.W.2d 420 (Tex.Cr.App.1983). Where facts and circumstances within the knowledge of a police officer, arising from a reasonably trustworthy source, would warrant a man of reasonable caution in the belief that items of contraband or evidence of a crime may presently be found in a specified place, there is probable cause to issue a warrant to search that place. See Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); Tolentino v. State, 638 S.W.2d 499 (Tex.Cr.App.1982); Lopez v. State, 535 S.W.2d 643 (Tex.Cr.App.1976); Brovm v. State, 657 S.W.2d 797 (Tex.Cr.App.1983) (Clinton, J., concurring). A search warrant affidavit must be read in a commonsense and realistic manner, and reasonable inferences may be drawn from[*588] the facts and circumstances contained within its four corners. Lopez v. State, supra; Winkles v. State, 634 S.W.2d 289 (Tex.Cr.App.1982) (Opinion on State’s Motion for Rehearing). It is on the basis of these latter two principles that the court of appeals held the information within the affidavit sub judice provided probable cause. We disagree.
The only information provided by the confidential informant in this affidavit is that sometime within twentyfour hours of the morning of April 4, 1980, he had seen “Marihuana and cocaine,” apparently in appellant’s possession, at an undisclosed location. This informant is “well known in the community, a reputable person ... who is gainfully employed and who affaint [sic] has known for many years to be reliable person.” Clearly there exist some bases to conclude the information thus acquired was trustworthy. Under the Aguilar test, which provides relevant though no longer determinative criteria in assessing informant reliability under the Fourth Amendment, we must look to the informant’s “veracity” and to the “basis of his knowledge.” Here, the basis of the informant’s knowledge was personal observation. Furthermore, his veracity was established to some extent by virtue of his gainful employment, though conclusory statements as to his reliability and reputation in an undisclosed community establish little if anything. [1] But even assuming total trustworthiness on the informant’s part, his information alone fails to show that contraband could be found at 724 Del Mar Street. Neither appellant nor the drugs are connected in any way with that address. [2]
This is not, therefore, a case in which we are primarily concerned with evaluating the reliability of information that is hearsay as to the affiant, whether under the test of Aguilar or that of Gates. Rather, we must decide, at least for Fourth Amendment purposes, whether under the “totality of the circumstances” the information in the affidavit which was a product of the surveillance of 724 Del Mar, and thus presumably within the personal knowledge of the affiant, is such as to provide a “substantial basis” to support the magistrate’s finding that a cautious man would be warranted in the belief that contraband would presently be found on that premises. Gates, supra; Massachusetts v. Upton, 466 U.S. 727, 104 S.Ct. 2085, 80 L.Ed.2d 721 (1984). We find that it did not.
The affiant states that he “checked criminal history on two people involved[,]” and found “the most recent arrest as Dec., 1979,” for possession of dangerous drugs and stolen property. A number of questions arise from these assertions. To begin with, the identity of the “two people involved” is not disclosed, nor what they are allegedly “involved” in. Perhaps these “two people” are appellant and Keith Henderson, but such a conclusion is strictly conjectural. Nor is the neutral reader told by what means the criminal history of these people was checked, and whether the “most recent arrest” was for one, the other, or both of these people. That an arrest for one or both of them concerned possession of a dangerous drug, see V.A.C.S., Art. 4476-14, Sec. 2(a), or stolen property does not make it probable they will presently possess controlled substances. Finally, neither of these “two people” is connected in any way with the home at 724 Del Mar Street, unless, of course, one of them happens to be Keith Henderson.
The affidavit next informs that “surveillance was set up[,]” but does not say where. While it is not totally unreasonable to believe the residence of 724 Del Mar is[*589] what is meant, that is by no means selfevi-dent. We are told some undescribed “activity” took place “in the garage area” at some unspecified time during the surveillance (which we are later informed “began since March 31, 1980”). That “these people[,]” (presumably but not definitively the “two people” alluded to above), back their cars all the way into the garage is not conduct unusual on its face. Nor is the presence of some kind of “storage” there. We are not even told that the “activity” in the garage somehow involved this storage facility. Thus far the affidavit has described only innocent facts.
Next it is revealed that on “4-2-80” affi-ant observed “[o]ne Keith Henderson” “carrying brick type packages believed to be marihuana.” We are not told how affi-ant can identify Keith Henderson. Again, that Henderson is one of the “two people involved” is left to conjecture. Where he was seen carrying the packages is not disclosed. By virtue of its juxtaposition to the information immediately preceding the assertion, we may suppose it was at the place under surveillance, which in turn we can only guess was the “home” at 724 Del Mar Street. The number of packages Henderson was seen carrying is a mystery. Affiant does not say who believed the packages to be marihuana, nor the basis for this belief, other than that they were “brick type.” The reader is given no basis in the affiant’s experience to lead him to accept this assessment of the contents. [3] Conspicuously absent is the common litany about cellophane wrappers, green leafy substance or strong odor of marihuana emanating from the premises. Furthermore, the significance of the plastic tub and tubing Henderson was seen carrying to the backyard escapes us. Common knowledge does not suggest that sale or ingestion of marihuana or cocaine calls for the use of such items. Nor does the affidavit set out information to justify such a conclusion as a matter of specialized knowledge — e.g., that through his experience he knows such apparatus are commonly used in “cutting” cocaine. For all we know, Henderson planned some innocent activity with tub and tubing. [4]
Finally we note affiant’s observation of “several narcotics users in and out of 724 Del Mar, staying for brief periods of time.” We are not told how affiant came by his information that these “several” people were narcotics users. There is no showing that marihuana or cocaine is[*590] among the narcotics these people are known to use. At any rate, though the fact that known narcotics users frequent a place for brief stretches of time may suffice to corroborate an informant’s tip, thus combining to establish probable cause, e.g., Polanco v. State, 475 S.W.2d 763 (Tex.Cr.App.1972), it does not by itself provide more than a reasonable suspicion that contraband may be found there.
Without going through them with the particularity that we have here, the court of appeals recognized that “each of these factors, standing alone, would be insufficient to support issuance of a search warrant.” But, the court continued, “[e]ach factor is ... probative and may be considered in context with the others to determine the existence of probable cause.” The court then concluded that “the cumulative import of all the allegations contained in the affidavit was sufficient to justify the magistrate’s issuance of the search warrant.”
It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit. Thus, for example, it is sometimes permissible to presume reliability of an informant by virtue of the detailed nature of the information he supplies. E.g., Abercrombie v. State, 528 S.W.2d 578 (Tex.Cr.App.1975). It is quite another matter to read material information into an affidavit that does not otherwise appear on its face. We cannot, in the interest of a commonsense and realistic approach to interpretation of affidavits, “infer” a connection between informant’s observation of appellant with contraband, and the residence at 724 Del Mar Street. Further, we can only speculate it was there that the “brick type packages” were seen, and we find no objective data to show it was reasonable to believe they were marihuana. While affi-ant does tell us that “several” people he conclusorily states were narcotics users frequented this address, this fact alone will not give rise to probable cause.
Unlike the information given by the informant and included in the warrant affidavit m Massachusetts v. Upton, supra, “the pieces” in the instant affidavit do not “fit neatly together” to provide a substantial basis to support the magistrate’s determination of probable cause. 466 U.S. at 733, 104 S.Ct. at 2088, 80 L.Ed.2d at 727. The facts and circumstances presented in this affidavit are too disjointed and imprecise to warrant a man of reasonable caution in the belief that marihuana and cocaine would be found at 724 Del Mar Street on April 4, 1980.
The motion for rehearing is granted. The judgments of court of appeals and the trial court are reversed and the cause is remanded for a new trial.
ONION, P.J., and TOM G. DAVIS, J., concur in result. W.C. DAVIS and WHITE, JJ., dissent.. Indeed, following Wood v. State, 573 S.W.2d 207, 215-16 (Tex.Cr.App.1978), we would be constrained to hold that the "veracity” prong of the Aguilar test had not been met, since it is not asserted here that the informant lacked any criminal record. Nor is it shown he had given information in the past that had proven accurate.
. The assertion that the "premises are in the possession and under the control of’ appellant is not attributed to the informant. In fact, it is purely a conclusory statement, the source of which is not given nor the reliability vouched for.
. It is true this Court held in Richardson v. State, 622 S.W.2d 852 (Tex.Cr.App.1981):
“An affiant is not required to delineate his drug identification expertise within the four corners of the affidavit in order to provide a magistrate with sufficient probable cause to support the issuance of a search warrant. Palmer v. State, 614 S.W.2d 831; Torres v. State, 552 S.W.2d 821; Pecina v. State, 516 S.W.2d 401.”
Nonetheless it was noted in Richardson that while drafting his affidavit the affiant officer had in hand "a baggy containing a green leafy plant substance procured from [the defendant’s] home by the informant.” The Court went on to hold that a chemical test or other "proof positive” that the substance observed was in fact contraband is not necessary to establishment of probable cause. This latter holding is of course consistent with the long held notion that "the term ‘probable cause’ means less than evidence which would justify condemnation,” United States v. Ventresca, 380 U.S. 102, 107, 85 S.Ct. 741, 745, 13 L.Ed.2d 684, 688 (1965).
The former holding, however, seems to have originated in Pecina v. State, supra, wherein the Court ruled, in the face of a claim that the warrant affidavit contained no showing the informant could readily recognize contraband:
"The affidavit presented here is substantially the same as that approved by this court in Wetherby v. State, Tex.Cr.App., 482 S.W.2d 852. See also Cummins v. State, Tex.Cr.App., 478 S.W.2d 452.”
516 S.W.2d at 403. However, in neither Wether-by nor Cummins was the Court presented with the contention raised in Pecina and Richardson. Thus, Pecina seems to have engendered a rule without a rationale. To its credit, the Court in Palmer and Torres, both supra, relied on the additional rationale that since the affidavit averred the informant had given information about narcotics in the past which had proven accurate, it could reasonably be inferred he knew drugs when he saw it.
. Informant says Henderson frequents "the place.” Assuming he means 724 Del Mar Street, and putting aside all reservations about informant’s veracity, see n. 1 ante, and the absence of any basis of knowledge for this statement, we nevertheless find nothing significant in this fact.