Freddy Perez v. State
02-14-00279-CR
| Tex. App. | Dec 10, 2015Background
- Appellant Freddy Perez pled guilty to possession with intent to deliver methamphetamine (4–200 grams), a first degree felony, and was sentenced to 15 years.
- Perez moved to suppress evidence obtained from his residence by a search warrant; the trial court denied the motion and the defense appealed.
- The sole issue on appeal is whether the warrant affidavit established probable cause to search Perez's residence.
- The affidavit relied on an experienced narcotics officer, informants, and a confidential informant, with allegations tied to a known narcotics trafficker and to a specific residence.
- The panel gave deference to the magistrate's probable-cause determination and held the totality-of-the-circumstances standard governs review, including corroboration and inferences drawn in context.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant affidavit established probable cause. | Perez argues the affidavit contains conclusory statements and unreliable informants. | State contends the affidavit, viewed with common sense and corroboration, shows a substantial basis for probable cause. | Probable cause existed; magistrate had a substantial basis for issuing the warrant. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (U.S. Supreme Court 1983) (totality-of-the-circumstances review; flexible standard for probable cause)
- Duarte, 389 S.W.3d 349 (Tex. Crim. App. 2012) (substantial basis for probable cause from four-corners affidavit; fair probability standard)
- Gates (see Illinois v. Gates cited above), 462 U.S. 213 (U.S. Supreme Court 1983) (see Gates for general standard governing probabilistic assumptions)
- Hedspeth v. State, 249 S.W.3d 732 (Tex. App.—Austin 2008) (affidavits interpreted in a common-sense, realistic manner)
- Davis v. State, 144 S.W.3d 192 (Tex. App.—Fort Worth 2004) (informant reliability considerations; corroboration relevant to probable cause)
- Elardo v. State, 163 S.W.3d 760 (Tex. App.—Texarkana 2005) (affidavits construed with common sense; magistrate may infer facts from stated circumstances)