TX: SW for forensic evidence in def’s truck was particular enough

Defendant was convicted of capital murder in the death of a police officer. He and his vehicle were linked by probable cause to the shooting. The search warrant was sufficiently particular for his truck for forensic evidence of the shooting. Even if there wasn’t probable cause, the other evidence linking him to the shooting made it harmless. Gonzalez v. State, 2020 Tex. Crim. App. LEXIS 921 (Nov. 4, 2020):

The warrant here did not implicate First Amendment concerns, and it did not fail to describe the items to be seized. It specified that the truck itself was to be seized, and it specified that it was to be searched for firearms, ammunition, and other evidence that would connect appellant to Vann’s murder. These commands were sufficiently particular to authorize a search of the truck’s interior.

Even if the warrant had failed in its particularity, any error in admitting the evidence found within the truck would have been harmless. The evidence of appellant’s identity as the shooter was overwhelming, and the evidence found within the truck—gunshot residue and an unfired cartridge—was not specific to Vann’s shooting and were unremarkable discoveries given appellant’s enthusiasm for guns. Appellant, his truck, and his rifle were linked to the shooting in multiple other ways. We are confident that no substantial and injurious effect or influence resulted from the admission of this evidence.

This was one of 28 issues in a 128 page opinion. Defendant was sentenced to death.