concluding that the affidavit “lacks the necessary indicia of reliability demonstrated by facts showing probable cause for the magistrate to have made a proper evaluation of the allegations before issuing the warrant”
How later courts described this case
- concluding that the affidavit “lacks the necessary indicia of reliability demonstrated by facts showing probable cause for the magistrate to have made a proper evaluation of the allegations before issuing the warrant”
- adopting the objective standard in evaluating police conduct, and analyzing appellant’s constitutional claims “within a normal constitutional framework”
- no ‘pretextual stop’ doctrine; the subjective intent of an officer is irrelevant
- noting distinction between complaint used to support warrant and complaint' used as charging instrument
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Heitman v. State, 1991 Tex. Crim. App. LEXIS 160 (1991)
be supported by probable cause. 801 S.W.2d 899, 912-13 (Tex.Crim.App.1990), overruled on other grounds, 815 S.W.2d 681, 685 (Tex.Crim.App.1991).
The opinion
BAIRD, Judge,
concurring.
With all due respect to Judge Davis and his thorough and well written opinion, I can only concur in the remand of this cause to the Court of Appeals for further review under Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975).
I find Part I. of the foregoing opinion wholly unnecessary to reach this result. In my opinion, there is no reason for this Court, in this cause, to discuss the propriety of the “pretext arrest” doctrine. I find that portion of the opinion to be only dicta, adding nothing to the jurisprudence of this state. However, I find Part II. to be a correct statement of the law and all that is necessary for this Court to remand this cause.
Accordingly, I concur in the result.