Kennedy v. State, 338 S.W.3d 84

Kennedy pled guilty to aggravated assault of a police officer after suppression issues were litigated.
Police obtained a search warrant for Kennedy's residence and seized weapons and related items.
Kennedy moved to suppress the seized items; the district court denied, and Kennedy was sentenced to 75 years after a punishment hearing.
On direct appeal Kennedy argued the warrant lacked probable cause and certain seized items were outside the warrant's scope; initial panel deemed issues waived.
On remand, the Court of Criminal Appeals remanded to address the waived issues; this opinion analyzes probable cause and suppression issues and reverses the district court for error.
The affidavit supporting the warrant relied on statements from a confidential informant (Hernandez) and a neighbor (Poznecki), plus inferences by officers; the court finds the affidavit did not establish probable cause or a proper nexus to the charged offenses, and held the evidence beyond scope must be suppressed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause to search Kennedy's home	Kennedy contends the affidavit lacked probable cause	State maintains totality-of-circumstances supports probable cause	Probability not established; no substantial basis for probable cause

United States v. Gates, 462 U.S. 213 (1983) (probable cause reviewed under totality-of-the-circumstances)
Illinois v. Gates, 462 U.S. 213 (1983) (probable cause assessment with deference to magistrate's findings)
Rodriguez v. State, 232 S.W.3d 55 (Tex.Crim.App.2007) (review of probable-cause determinations; four corners of affidavit; common-sense approach)
United States v. Leon, 468 U.S. 897 (1984) (reasonable cause to search; good-faith exception framework)
McKenna v. State, 780 S.W.2d 797 (Tex.Crim.App.1989) (plea-bargain context; suppression denial influenced decision to plead)