Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Texas opinions name it 2 courts 1991–2017 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United States v. Warren G. Johnsongreen2 sentences2013App.), cert. denied, 133 S. Ct. 370 (2012) (holding that supporting affidavit in which officer stated that he had ―recently‖ received information from one informant that drugs were present at residence, and after receiving information, used second informant to conduct a controlled buy coupled with officer’s expressed belief that drugs were currently on premises provided probable cause justifying search warrant); State v. Griggs, 352 S.W.3d 297 , 304–05 (Tex. App.—Houston [14th Dist.] 2011, pet. ref’d) (―The circumstances of a controlled buy, standing alone, may corroborate an informant’s tip a 2011However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant." United States v. Johnson, 461 F.2d 285, 287 (10th Cir.1972), quoted in 2 LaFave, supra, § 3.7(a), at 374; see also Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir.1973); Bernard v. State, 807 S.W.2d 359, 365 (Tex.App.-Houston [14th Dist.] 1991, no pet.). | 3 | 4 |
Leonard Jerome Bastida v. C. Murray Henderson, Warden, La. State Penitentiarygreen2 sentences2011However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.” United States v. Johnson, 461 F.2d 285, 287 (10th Cir.1972), quoted in 2 LaFave, supra, § 3.7(a), at 374; see also Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir.1973); Bernard v. State, 807 S.W.2d 359, 365 (Tex.App.-Houston [14th Dist.] 1991, no pet.). 2011However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant." United States v. Johnson, 461 F.2d 285, 287 (10th Cir.1972), quoted in 2 LaFave, supra, § 3.7(a), at 374; see also Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir.1973); Bernard v. State, 807 S.W.2d 359, 365 (Tex.App.-Houston [14th Dist.] 1991, no pet.). | 2 | 2 |
Bernard v. Stategreen2 sentences2011However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.” United States v. Johnson, 461 F.2d 285, 287 (10th Cir.1972), quoted in 2 LaFave, supra, § 3.7(a), at 374; see also Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir.1973); Bernard v. State, 807 S.W.2d 359, 365 (Tex.App.-Houston [14th Dist.] 1991, no pet.). 2011However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant." United States v. Johnson, 461 F.2d 285, 287 (10th Cir.1972), quoted in 2 LaFave, supra, § 3.7(a), at 374; see also Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir.1973); Bernard v. State, 807 S.W.2d 359, 365 (Tex.App.-Houston [14th Dist.] 1991, no pet.). | 2 | 2 |
Jones v. Stategreen1 sentence2017However,- where ■ the affidavit properly recites facts indicating .activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.” See Jones v. State, 338 S.W.3d 725, 736-37 (Tex. App.—Houston [1st Dist.] 2011), aff'd, 364 S.W.3d 854 (Tex. Crim. | 1 | 1 |
United States v. Allengreen1 sentence2012However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.”34 Other federal circuits have held that the nature of the activity must be considered, and that, in appropriate circumstances, years could pass without information becoming stale.35 In United States v. Greene, the Sixth Circuit explained that “[e]vidence of ongoing criminal activity will generally defeat a claim of staleness.”36 And, according to that court, “where the criminal activity occurred in a ‘secure operation | 1 | 1 |
United States v. Hicksgreen1 sentence2012However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.”34 Other federal circuits have held that the nature of the activity must be considered, and that, in appropriate circumstances, years could pass without information becoming stale.35 In United States v. Greene, the Sixth Circuit explained that “[e]vidence of ongoing criminal activity will generally defeat a claim of staleness.”36 And, according to that court, “where the criminal activity occurred in a ‘secure operation | 1 | 1 |
United States v. Doylegreen1 sentence2012However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.”34 Other federal circuits have held that the nature of the activity must be considered, and that, in appropriate circumstances, years could pass without information becoming stale.35 In United States v. Greene, the Sixth Circuit explained that “[e]vidence of ongoing criminal activity will generally defeat a claim of staleness.”36 And, according to that court, “where the criminal activity occurred in a ‘secure operation | 1 | 1 |
United States v. Phillip James Greenegreen1 sentence2012However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.”34 Other federal circuits have held that the nature of the activity must be considered, and that, in appropriate circumstances, years could pass without information becoming stale.35 In United States v. Greene, the Sixth Circuit explained that “[e]vidence of ongoing criminal activity will generally defeat a claim of staleness.”36 And, according to that court, “where the criminal activity occurred in a ‘secure operation | 1 | 1 |
United States v. Elie F. Abboud (04-3942) and Michel Abboud (04-3943)green2 sentences2012However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.”34 Other federal circuits have held that the nature of the activity must be considered, and that, in appropriate circumstances, years could pass without information becoming stale.35 In United States v. Greene, the Sixth Circuit explained that “[e]vidence of ongoing criminal activity will generally defeat a claim of staleness.”36 And, according to that court, “where the criminal activity occurred in a ‘secure operation 2012However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.”34 Other federal circuits have held that the nature of the activity must be considered, and that, in appropriate circumstances, years could pass without information becoming stale.35 In United States v. Greene, the Sixth Circuit explained that “[e]vidence of ongoing criminal activity will generally defeat a claim of staleness.”36 And, according to that court, “where the criminal activity occurred in a ‘secure operation | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jones v. State
green
2 sentences2017However,- where ■ the affidavit properly recites facts indicating .activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.” See Jones v. State, 338 S.W.3d 725, 736-37 (Tex. App.—Houston [1st Dist.] 2011), aff'd, 364 S.W.3d 854 (Tex. Crim. 2015Id. at 860-861 . | 2 | 2015–2017 |
State v. McLain
green
1 sentence2017And perhaps more importantly, the search-warrant affidavit provided the magistrate with information supporting a conclusion that illegal “activity of a protracted and continuous nature” was ongoing at Kelley’s residence and that this was not “a mere isolated violation.” McLain, 337 S.W.3d at 274 . | 1 | 2017–2017 |
State v. Griggs
green
1 sentence2013App.), cert. denied, 133 S. Ct. 370 (2012) (holding that supporting affidavit in which officer stated that he had ―recently‖ received information from one informant that drugs were present at residence, and after receiving information, used second informant to conduct a controlled buy coupled with officer’s expressed belief that drugs were currently on premises provided probable cause justifying search warrant); State v. Griggs, 352 S.W.3d 297 , 304–05 (Tex. App.—Houston [14th Dist.] 2011, pet. ref’d) (―The circumstances of a controlled buy, standing alone, may corroborate an informant’s tip a | 1 | 2013–2013 |
Hatley v. United States
green
1 sentence2013App.), cert. denied, 133 S. Ct. 370 (2012) (holding that supporting affidavit in which officer stated that he had ―recently‖ received information from one informant that drugs were present at residence, and after receiving information, used second informant to conduct a controlled buy coupled with officer’s expressed belief that drugs were currently on premises provided probable cause justifying search warrant); State v. Griggs, 352 S.W.3d 297 , 304–05 (Tex. App.—Houston [14th Dist.] 2011, pet. ref’d) (―The circumstances of a controlled buy, standing alone, may corroborate an informant’s tip a | 1 | 2013–2013 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.