Aguilar v. Texas

Memorandum and Order:

SINGLETON, District Judge.

Petitioner Aguilar has sought relief under 28 U.S.C. § 2254 from his March 28, 1968, narcotics conviction which sentenced him to thirty years in the Texas Department of Corrections. Aguilar specifically complains that the affidavit was invalid which was used by the Houston police officers in obtaining the search warrant which lead to the officers entering Aguilar’s house and finding Aguilar flushing a yellow balloon containing .48 grams of heroin down the commode.

Petitioner alleges that the officers falsely swore to the affidavit because only one…