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Search warrant

Trial Court Suppressed Cocaine Because of Defect in Search Warrant

The trial court properly suppressed cocaine found in the defendant’s home because the search warrant was insufficient for the magistrate to determine probable cause. State v. Duarte, No. PD-1511-11 (Tex.Crim.App. Sept 12, 2012).​

The boilerplate search warrant affidavit contained insufficient particularized facts about the defendant’s alleged possession to allow the magistrate to determine probable cause to issue a search warrant. There was no substantial basis for crediting the first-time confidential informant’s hearsay statement, as officers failed to corroborate the informant’s tip except to confirm the defendant’s address. The tip was not a statement against interest, was not repeated by other informants, there was no accurate prediction of future behavior, and it contained no particular level of detail regarding the defendant’s premises or his alleged criminal activity. The informant, who was facing criminal charges of his own, merely told an officer that he saw the defendant at his home on a particular date in possession of cocaine.