Legal Opinion
State v. Davila
Texas Court of Appeals, 3rd District (Austin)
Decided July 13, 2005No. 03-04-00251-CRPublishedCited by 37 opinions
1Opinion of the Court
OPINION
DAVID PURYEAR, Justice.
Appellee Gilbert N. Davila is under indictment for possessing cocaine. See Tex. Health & Safety Code Ann. § 481.115 (West 2003). The State appeals an order granting Davila’s motion to suppress evidence. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp.2004-05). We will affirm the order.
The challenged search was conducted pursuant to a warrant, and the issue presented is whether the facts submitted to the magistrate in the supporting affidavit were sufficient to justify a conclusion that the object of the search was probably on the premises at the time…
2Cases cited11 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- California v. GreenwoodSupreme Court of the United States · 1988
- Swearingen v. StateCourt of Criminal Appeals of Texas · 2004
- Cassias v. StateCourt of Criminal Appeals of Texas · 1986
- Samuel Rosencranz v. United States of America, Anthony Dipietro v. United StatesCourt of Appeals for the First Circuit · 1966
6 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kennedy v. State, Texas Court of Appeals, 3rd District (Austin)2011
- State v. Coker, Jeffrey Brian, Texas Court of Appeals, 5th District (Dallas)2013
- State v. Griggs, Texas Court of Appeals, 14th District (Houston)2011
- State v. Jordan, Texas Court of Appeals, 3rd District (Austin)2010
- State v. RankenSuperior Court of Delaware · 2010
32 more not listed; retrieve them via the Exa API.