State v. Duncan

OPINION

SUE WALKER, Justice.

I. Introduction

In these interlocutory appeals, the State appeals from the trial court’s order granting a motion to suppress filed by appellee David Russell Duncan. In its sole point, the State contends that the trial court erred because the allegations in the search warrant affidavit were sufficient to support a probable cause finding that child pornography would be found in Duncan's residence. We will reverse and remand for trial on the merits.

II. Factual and Procedural Background

On July 11, 2000, a search warrant was executed at Duncan’s residence located at 11196…