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TX1: Failure of specific time in affidavit for SW was not fatal under Gates where recency could be determined from ongoing drug operation

By John Wesley Hall, Jr.

The failure to state time of the CI’s observations in the affidavit here were not fatal to the finding of probable cause. In its totality, it was possible to find that the probable cause was recent and it was sufficient for a finding under Illinois v. Gates. Jones v. State, 2011 Tex. App. LEXIS 820 (Tex. App.–Houston (1st Dist.) January 31, 2011): We begin our analysis by noting that the failure to include specific dates and times of relevant events described in the affidavit in this case is not a model to be followed, something the State conceded during oral argument. The question before us, however, is whether the lack of a specific date or time is fatal in this case, or whether the totality of the affidavit nonetheless justified the magistrate’s finding of probable cause...continue to full post

Full post as published by Fourth Amendment on February 07, 2011 (boomark / email).