Foreman v. Texas
| Docket Number | PD-1091-18,PD-1090-18 |
| Decision Date | 25 November 2020 |
Acting on evidence that two men had been tortured and robbed at a business in Houston, police obtained a warrant to search the business. The warrant authorized the police to seize any and all "ITEMS CONSTITUTING EVIDENCE CONSTITUTING AGGRAVATED ASSAULT AND ROBBERY that may be found therein . . . including,” among other things, “audio/video surveillance video and/or video equipment.” Pursuant to this warrant, the police seized three computer hard drives from the business. Upon analysis, one...
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12 cases
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Martin v. State
...a search of the listed location would yield a particular item of evidence; "a ‘fair probability’ will suffice." Foreman v. State , 613 S.W.3d 160, 163 (Tex. Crim. App. 2020) (quoting Illinois v. Gates, 462 U.S. 213, 235, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) ). A search-warrant affidavit mu......
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State v. Baldwin
...he or she is permitted to make reasonable inferences from the facts recited in the affidavit. Foreman v. State , No. PD-1090-18, 613 S.W.3d 160, 162–64 (Tex. Crim. App. Nov. 25, 2020). Trial and appellate courts apply a highly deferential standard when reviewing a magistrate's decision to i......
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Brooks v. State
...the facts contained within, provided the magistrate with a 'substantial basis' for the issuance of a warrant." Foreman v. State, 613 S.W.3d 160, 164 (Tex. Crim. App. 2020) (quoting State v. McLain, 337 S.W.3d 268, 271 (Tex. Crim. App. 2011)). Whether probable cause exists is a question of l......
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Hart v. State
...Criminal Procedure article 18.02(a)(10) in evaluating search warrant and probable-cause affidavit), rev'd on other grounds , 613 S.W.3d 160 (Tex. Crim. App. 2020) ; see also Tex. Code Crim. Proc. Ann. art. 3.01 (all words, phrases, and terms to be understood in usual acceptation in common l......
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2 books & journal articles
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Search and seizure: property
...Constitution; Article I, Section 9 of the Texas Constitution; and Chapter 18 of the Texas Code of Criminal Procedure. Foreman v. State, 613 S.W.3d 160, 163 (Tex. Crim. App. 2020). A search warrant is defined in CCP Art. 18.01 as “a written order, issued by a magistrate and directed to a pea......
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Search and Seizure: Property
...Constitution; Article I, Section 9 of the Texas Constitution; and Chapter 18 of the Texas Code of Criminal Procedure. Foreman v. State, 613 S.W.3d 160, 163 (Tex. Crim. App. 2020). A search warrant is defined in CCP Art. 18.01 as “a written order, issued by a magistrate and directed to a pea......
