Gonzales, Rodolfo v. State
PD-1655-14
| Tex. App. | Mar 9, 2015Background
- On July 2, 2012, Lubbock PD received an anonymous tip that numerous short-stop vehicle visits indicated narcotics trafficking at 1922 26th Street; officers conducted surveillance and observed three cars make brief stops.
- Officers followed one departing visitor, Ray Garcia, searched his vehicle, found a white powder that field-tested positive for cocaine, and Garcia said he bought it from a Hispanic male named “Rudy” at the surveilled residence.
- Officer Brady Lewis swore an affidavit reciting the anonymous tip, the surveillance observations, Garcia’s arrest and statement, that the residence utilities were in Rodolfo Gonzales’s name, and Gonzales’s prior arrests; a magistrate issued a warrant the same day.
- The warrant search recovered controlled substances; Gonzales moved to suppress, arguing the affidavit lacked probable cause and failed to connect the contraband to his home and relied on an unreliable anonymous/criminal informant.
- The trial court denied suppression; Gonzales pleaded guilty and was sentenced (50 years for cocaine offense, concurrent 10 years for marijuana). The court of appeals affirmed, holding the affidavit gave a magistrate a substantial basis to find probable cause.
Issues
| Issue | Plaintiff's Argument (Gonzales) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the affidavit supplied probable cause to search Gonzales’s residence | Affidavit failed to connect Garcia’s possession to the home, relied on anonymous/criminal informant without demonstrated reliability or corroboration | Anonymous tip corroborated by officer surveillance, Garcia’s cocaine and his statement linking purchase to the house, utilities and defendant’s criminal history supported magistrate’s finding of probable cause | Court of Appeals: Affidavit provided a substantial basis for a magistrate to conclude probable cause existed; conviction affirmed |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (Sup. Ct.) (totality-of-circumstances test for informant tips and probable cause)
- Aguilar v. Texas, 378 U.S. 108 (Sup. Ct.) (four-corners limitation and informant reliability principles)
- State v. McLain, 337 S.W.3d 268 (Tex. Crim. App. 2011) (highly deferential review to magistrate; four-corners rule)
- Swearingen v. State, 143 S.W.3d 808 (Tex. Crim. App. 2004) (preference for searches pursuant to warrants; standard of review)
- Cassias v. State, 719 S.W.2d 585 (Tex. Crim. App. 1986) (mere association or prior arrests of others insufficient to establish nexus to residence)
- Torres v. State, 552 S.W.2d 821 (Tex. Crim. App. 1977) (informant reliability may be established by prior accuracy)
- Hennessy v. State, 660 S.W.2d 87 (Tex. Crim. App. 1983) (hearsay-on-hearsay can support probable cause if underlying indicia of reliability exist)