{"id":6328,"date":"2012-02-26T11:24:57","date_gmt":"2011-11-29T08:15:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-29T08:10:34","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6328","title":{"rendered":"TX2: SW showed PC for different address than one searched, so search lacked PC and violated SW"},"content":{"rendered":"

The probable cause in the affidavit for search warrant was for 401 Baker St., so the search warrant showed no probable cause for 422 Cowan St., the place actually searched. Bonds v. State<\/a>, 355 S.W.3d 902 (Tex. App.\u2014Ft. Worth 2011):<\/p>\n

Looking at the totality of the circumstances set forth in the supporting affidavit that was reviewed by the magistrate and recognizing that the magistrate may interpret the affidavit in a non-technical, common-sense manner and draw reasonable inferences from it, Officer Ashburn\u2019s affidavit nonetheless does not provide a substantial basis to conclude that a fair probability exists that contraband or evidence of a crime would be found at the residence actually searched\u2014the residence that now bears an address placard for 422 Cowan. The information in Officer Ashburn\u2019s affidavit connects the items to be seized with 401 Barker Street via the informant\u2019s nine-month-old tip that he had seen drugs in Bonds\u2019s home–which Officer Ashburn identified as 401 Barker Street when he transported the informant to the location to point out Bonds\u2019s home\u2014and via garbage searches of refuse left for collection at 401 Barker Street (the object-place nexus). The affidavit articulates criminal activity by Bonds\u2014the offenses of possession of methamphetamine and cocaine, possession of drug paraphernalia, and the sale of methamphetamine to the confidential informant\u2014and connects Bonds, via his driver\u2019s license address, a credit card application, and garbage searches, to 401 Barker Street (the criminal activity-place nexus). See Serrano, 123 S.W.3d at 61 (explaining that in determining whether a search warrant is supported by probable cause, the crucial element is not whether the person targeted by the search is suspected of a crime but whether it is reasonable to believe that the items to be seized will be found in the place to be searched). But virtually no facts exist in Officer Ashburn\u2019s probable cause affidavit expressing any cause, much less probable cause, to search any residence other than 401 Barker Street. The probable cause facts stated in the affidavit (all linked to 401 Barker Street) do not \u201cmatch up\u201d with the location that was actually searched (the home next door now displaying an address placard for 422 Cowan). Accord Long, 132 S.W.3d at 447 (recognizing constitutional objective that probable cause must in fact be established for the place described in the warrant).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6328","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6328","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6328"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6328\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6328"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6328"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6328"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}