State of Texas v. Duarte, Gilbert
2012 Tex. Crim. App. LEXIS 1180
| Tex. Crim. App. | 2012Background
- The warrant affidavit for Duarte’s residence at 10910 Indigo Creek relied almost entirely on a first-time confidential informant facing pending charges who sought leniency in exchange for information.
- The informant stated that Duarte possessed cocaine within the past 24 hours at the Indigo Creek address; the affiant corroborated the address as Duarte’s residence.
- The affidavit provided minimal corroboration beyond the address and contained boilerplate language about the informant’s alleged credibility.
- The trial court granted Duarte’s motion to suppress; the court of appeals reversed that ruling; the State petitioned for discretionary review.
- The Texas Court of Criminal Appeals held there was no substantial basis for probable cause given the informant’s first-time status and lack of corroboration, and remanded with instructions to suppress.
- The decision reversed the court of appeals and affirmed suppression of the evidence, concluding the magistrate lacked a substantial basis for probable cause and that the affidavit failed the totality-of-the-circumstances standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a first-time confidential informant tip, with motive of leniency, provide a substantial basis for probable cause? | Duarte argues no substantial basis under Gates; the tip is unreliable. | State contends the informant’s allegations, credibility indicators, and address corroboration suffice. | No; insufficient basis for probable cause. |
| Is corroboration beyond address verification required to validate a first-time informant tip? | Duarte asserts lack of corroborating details renders tip unreliable. | State argues some corroboration is enough if collectively persuasive. | Not satisfied; lack of corroboration undermines probable cause. |
Key Cases Cited
- Aguilar v. Texas, 378 U.S. 108 (1964) (established baseline for evaluating magistrate reviews of warrants (reconciling reliability with totality))
- Illinois v. Gates, 462 U.S. 213 (1983) (adopts totality-of-the-circumstances approach to informant reliability and probable cause)
- Jones v. United States, 362 U.S. 257 (1960) (corroboration of informant details strengthens weight of hearsay under Gates)
- Jones v. State, 364 S.W.3d 854 (Tex. Crim. App. 2012) (Texas applying Gates framework to informant reliability and corroboration)
- Parish v. State, 939 S.W.2d 201 (Tex. App.—Austin 1997) (informant corroboration limits and contextual reliability rules in Texas)