Schmidt v. State
Decision Date | 05 October 1983 |
Docket Number | No. 67294,67294 |
Citation | 659 S.W.2d 420 |
Parties | Dennis John SCHMIDT, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
This is an appeal from a conviction for possession of cocaine. The punishment was assessed at 20 years imprisonment.
Appellant challenges the validity of the search warrant used by police officers who searched his automobile and seized the cocaine which was found inside a locked suitcase in the locked trunk. Appellant contends the affidavit on which the search warrant was based is defective. Therefore, he contends, admission of evidence thereunder was error.
The affidavit for search warrant, in pertinent part, is as follows:
In order to support the issuance of a search warrant, an affidavit should be interpreted in a common sense and realistic manner and the magistrate is entitled to draw reasonable inferences from the facts contained therein. United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965); Lopez v. State, 535 S.W.2d 643 (Tex.Cr.App.1976); Winkles v. State, 634 S.W.2d 289 (Tex.Cr.App.1982). The facts submitted to the magistrate, however, must be sufficient to justify the conclusion that the property that is the object of the search is probably on the premises to be searched at the time the warrant issues. Peltier v. State, 626 S.W.2d 30 (Tex.Cr.App.1981); Gish v. State, 606 S.W.2d 883 (Tex.Cr.App.1980); Heredia v. State, 468 S.W.2d 833 (Tex.Cr.App.1971).
The affidavit in the instant case fails to state when the affiant received the information from Bell, if we assume Bell is the person who informed the officer of the facts,...
To continue reading
Request your trial-
Bower v. State
...on the premises to be searched at the time the warrant is issued. Cassias v. State, 719 S.W.2d 585 (Tex.Cr.App.1986); Schmidt v. State, 659 S.W.2d 420 (Tex.Cr.App.1983). While there is no firsthand evidence in the affidavit that the ultra light airplane was in either appellant's house or ga......
-
Eisenhauer v. State
...Tolentino v. State, 638 S.W.2d 499 (Tex.Cr.App.1982); Peltier v. State, 626 S.W.2d 30 (Tex.Cr.App.1981); and Schmidt v. State, 659 S.W.2d 420 (Tex.Cr.App.1983). It was in 1983, in Illinois v. Gates, supra, that the Supreme Court, for Fourth Amendment purposes, abandoned the "Aguilar-Spinell......
-
Faulder v. State
...315 (Tex.Cr.App.1986), and the discussion found on page 318 thereof; Gregg v. State, 667 S.W.2d 125 (Tex.Cr.App.1984); Schmidt v. State, 659 S.W.2d 420 (Tex.Cr.App.1983); Collins v. State, 602 S.W.2d 537 (Tex.Cr.App.1980). The error that occurred at appellant's former trial was "trial error......
-
Jones v. State
...for probable cause sufficient to issue the warrant based on an independent judgment of probable cause. See, e.g., Schmidt v. State, 659 S.W.2d 420, 421 (Tex.Crim.App.1983). The facts attested to in the affidavit must be “so closely related to the time of the iss [uance] of the warrant as to......