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TX3: Affidavit was completely conclusory, and motion to suppress should have been granted

By John Wesley Hall, Jr.

In the third appeal of this case, the affidavit did not show a substantial basis for showing probable cause to believe that weapons would be found in defendant’s house. The affidavit was bottomed on mere conclusions of the officers, and the motion to suppress should be granted. Kennedy v. State, 2011 Tex. App. LEXIS 1755 (Tex. App.—Austin March 11, 2011), on remand from Kennedy v. State, 297 S.W.3d 338, 342 (Tex. Crim. App. 2009) (appellate issues were preserved) which reversed Kennedy v. State, 262 S.W.3d 454 (Tex. App.—Austin 2008): For the reasons that follow, we believe that the affidavit did not provide a substantial basis for determining whether there was probable cause to believe that there were illegal weapons on Kennedy’s property...continue to full post

Full post as published by Fourth Amendment on March 15, 2011 (boomark / email).