494 S.W.3d 905
Tex. App.2016Background
- Victim Gerald Williams was found shot to death in a church parking lot on July 18, 2013; a witness saw someone place a rifle in a dark car and drive off.
- The victim’s car and cell phone were missing; the next day police stopped the car, found appellant Jamon Walker driving, and recovered the victim’s cell phone and Walker’s cell phone in the vehicle.
- Walker was taken to the station, gave a recorded statement admitting involvement in the shooting, and police later recovered a shotgun from his residence consistent with a shell at the scene.
- Officer Sosa obtained a warrant to search Walker’s cell phone; the affidavit recounted multiple calls/texts between Walker and the victim, texts indicating Walker planned to bring a gun and sell the victim’s belongings, and that the two had planned robberies.
- At a bench trial the court denied Walker’s motion to suppress the phone evidence, admitted call/text content, found him guilty of capital murder, and sentenced him to life without parole; Walker appealed solely contesting the warrant’s probable-cause showing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether affidavit established that the phone likely contained evidence of the murder | Walker: affidavit did not show the phone’s contents would be evidence; at best it produced mere suspicion and a general expectation that phones contain incriminating data | State: affidavit showed links between Walker and victim (calls/texts), Walker’s admission and possession of victim’s property, and plans involving a gun — supporting a fair probability the phone contained evidence | Court: Affirmed — affidavit provided a substantial basis for probable cause to search the phone |
Key Cases Cited
- Bonds v. State, 403 S.W.3d 867 (Tex. Crim. App. 2013) (review deferential; magistrate may draw common-sense inferences for probable cause)
- State v. McLain, 337 S.W.3d 268 (Tex. Crim. App. 2011) (probable-cause review confined to affidavit’s four corners)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for probable cause)
- Humaran v. State, 478 S.W.3d 887 (Tex. App.—Houston [14th Dist.] 2015) (upholding inference that a suspect’s phone may contain evidence where communications and contextual facts link the phone to the crime)