{"id":5347,"date":"2012-05-26T16:22:54","date_gmt":"2011-03-26T14:55:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-26T14:55:19","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5347","title":{"rendered":"TX8: No REP in school locker; stoned student was reasonable suspicion for search"},"content":{"rendered":"

The student\u2019s person and stuff were searched because he was apparently stoned at school. The search of the student\u2019s locker search was also with reasonable suspicion. Also, there was no reasonable expectation of privacy in the locker. In re S.M.C.<\/a>, 2011 Tex. App. LEXIS 2069 (Tex. App.\u2014El Paso March 23, 2011).*<\/p>\n

The officer\u2019s knowledge, based on credible CI information, was sufficient to show PC and nexus for search of defendant\u2019s house. It was a fair inference he was keeping drugs in his house and leaving the house for delivery of the drugs. Branch v. State<\/a>, 335 S.W.3d 893, 361 S.W.3d 699 (Tex. App.\u2014Austin March 18, 2011), Petition for discretionary review refused by 2011 Tex. Crim. App. LEXIS 1156 (Tex. Crim. App., Sept. 14, 2011)cert. denied, 2012 U.S. LEXIS 1589 (U.S., Feb. 21, 2012)*:<\/p>\n

Based on the information in the affidavit, the magistrate could have inferred that: (1) Branch carried the cocaine that was found in his pocket out of his home; (2) the confidential informants, especially First CI and Third CI, had some familiarity with Branch and his affairs; (3) Branch had recently begun delivering cocaine to buyers rather than allowing buyers to come to his home; and (4) Branch was attempting to deliver cocaine to a buyer when the traffic stop occurred.<\/p>\n

Given the facts in the affidavit and the reasonable inferences that could be made from the facts, we conclude that the magistrate had a substantial basis for determining that probable cause existed to search Branch’s home. Although it is possible that Branch took all the cocaine stored at his home with him when he left the home, it is at least as likely that the cocaine in his pocket was just one portion of a larger amount that he was storing in the home. See id. at 64. Accordingly, we conclude that the trial court did not err in declining to suppress the evidence discovered in Branch’s home pursuant to the search warrant.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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