Raul (Rudy) Gonzales v. State, 07-15-00450-CR

Raul (Rudy) Gonzales was arrested after officers executed a search warrant for his Muleshoe, Texas residence and found 2.81 grams of methamphetamine.
Warrant affidavit prepared by a Bailey County deputy recited that a cooperating individual (CI), stopped in a traffic stop within 72 hours, was found in possession of methamphetamine and said he had purchased it from Gonzales at Gonzales’s home minutes earlier.
The affidavit described the residence and stated the CI was familiar with methamphetamine from prior purchasing/using/selling and had observed meth inside the home.
The CI’s identity remained confidential; the affidavit indicated the CI had proven credible and reliable by making statements against penal interest (admitting possession).
Gonzales moved to suppress, arguing the affidavit failed to establish the CI’s reliability/credibility; the trial court denied the motion, a jury convicted Gonzales, and he appealed the denial of suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the affidavit supplied probable cause by establishing the CI’s credibility/reliability	Gonzales: affidavit relied on a first-time/confidential informant and did not provide sufficient indicia of credibility or corroboration	State: CI admitted possession (statement against penal interest), had first-hand knowledge, little time to fabricate, and was familiar with meth — magistrate could infer reliability	Court: Affirmed — magistrate had a substantial basis to find CI credible and probable cause existed

State v. Duarte, 389 S.W.3d 349 (Tex. Crim. App. 2012) (totality-of-circumstances and magistrate deference in probable-cause review)
Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (informant veracity and basis-of-knowledge interplay; deficiencies in one factor can be offset by others)
Rodriguez v. State, 232 S.W.3d 55 (Tex. Crim. App. 2007) (reviewing affidavits realistically and permitting magistrates reasonable inferences)
Mejia v. State, 761 S.W.2d 35 (Tex. App.—Houston [14th Dist.] 1988) (statements against penal interest can support informant reliability)
State v. Wester, 109 S.W.3d 824 (Tex. App.—Dallas 2003) (insufficient affidavit where CI gave limited details and no corroboration)
United States v. Fisher, 22 F.3d 574 (5th Cir. 1994) (weight to first-hand basis of informant’s knowledge)
Hegdal v. State, 488 S.W.2d 782 (Tex. Crim. App. 1973) (affidavit reflecting informer’s personal observation carries weight)
United States v. Harris, 403 U.S. 573 (U.S. 1971) (informant reliability principles)