Moreno v. State
2013 Tex. Crim. App. LEXIS 1817
| Tex. Crim. App. | 2013Background
- Magistrate issued a warrant to search Moreno's residence for crack cocaine based on an affidavit of a controlled purchase.
- Controlled purchase used a confidential informant (CI) and an unknown third party; third party's credibility was not established.
- CI was searched before/after purchase; surveillance tracked the unknowing participant to Moreno's house and back with drugs.
- Drugs were field-tested and tested positive; informant had prior credible history with police.
- Appellant was charged with possession with intent to deliver; suppression motion denied; appellate court affirmed; the Court of Criminal Appeals reviews probable cause de novo under Gates standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit shows probable cause despite an unknowing third party. | Moreno: third party credibility lacking. | State: police observations and inferences establish probable cause. | Yes; substantial basis in the affidavit supports probable cause. |
| Whether reliance on the third party's statements was necessary or the cops' observations suffice. | Moreno: statements of unknowing participant require credibility. | State: observations/infra are sufficient. | Yes; magistrate could rely on police observations and inferences. |
| Whether admission against interest principles render the unknowing participant's information reliable. | Moreno: credibility lacking; not an admission against interest. | State: statements may be reliable as admission against interest. | Yes; unknowing participant's statements may be reliable and bolster probable cause. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (probability-based standard for probable cause; totality of the circumstances)
- Rodriguez v. State, 232 S.W.3d 55 (Tex. Crim. App. 2007) (probable cause must show fair probability of finding evidence at a location)
- Spinelli v. United States, 393 U.S. 410 (1969) (informant credibility/basis of knowledge considerations; corroboration needed)
- Carillo v. State, 98 S.W.3d 789 (Tex. App.—Amarillo 2003) (probable-cause affidavit with unidentified third party; observed police-related purchase)
- United States v. Ventresca, 380 U.S. 102 (1965) (probable cause assessment in issuing a warrant; reliability varies with information)