McCarty v. State

Banke, Judge.

The defendant’s probation was revoked after he was arrested for the theft of several bags of pecans. He contends on appeal that the pecans were seized from him in violation of his Fourth Amendment rights.

The arresting officer testified that he had been informed by a reliable informant that the defendant was going to steal pecans from two described residences. He kept the two houses under surveillance that night, and about 2 a.m. he noticed that five bags of pecans were missing from one of the locations. He immediately headed for the other house, where he found no pecans to be…