Diehl v. State

On two serious questions, I disagree with the majority.

PART ONE

The Search Warrant

I cannot agree that the police officer’s affidavit contained “sufficient factual information to give the magistrate probable cause to issue the search warrant.”

It is elementary that in passing on the validity of a warrant, the reviewing court may consider only the information brought to the magistrate’s attention. What Henrietta Milstead, the juvenile investigator with the Brazoria County Sheriff’s Department, might have had by way of additional information, is of no consequence. See Aguilar v. Texas, 378 U.S.…