Dyess v. State

Appellant appeals the denial of his dis-positive motion to suppress, arguing that the controlled buy was not sufficiently controlled to support issuance of a search warrant and that no probable cause exists to support a search warrant for a home. We find that the buy was sufficiently controlled; however, because we find that probable cause does not support issuance of the warrant to search the residence, we reverse Appellant’s conviction.

Appellant was arrested after a controlled buy occurred in a grocery store parking lot. Following the arrest, Officer David Hausner completed an affidavit to…