Page 42 - TPA Journal November December 2022

contraband or evidence of a crime will be found in murder. We agree. The magistrate considered
a particular location. This is a flexible, non- evidence from the homeowner’s brother,
demanding standard. The duty of reviewing courts neighbors, and security footage and made an
is to ensure a magistrate had a substantial basis for implied finding that all three witnesses saw the
concluding that probable cause existed. Reviewing same vehicle. The magistrate could have
courts must give great deference to a magistrate’s reasonably determined that—even in a county as
probable cause determination, including a populous as Harris County—the sedan observed by
magistrate’s implicit finding. Even in close cases, neighbors and captured by security footage was the
reviewing courts give great deference to a same sedan witnessed by the complainant’s
magistrate’s probable cause determination to brother. For one thing, while the complainant’s
encourage police officers to use the warrant brother did not describe the car he saw in detail,
process. When in doubt, reviewing courts should his description narrowed the class of cars by color
defer to all reasonable inferences a magistrate and number of doors, and his description did not
could have made. Reviewing courts should not differ from the descriptions of the car observed by
invalidate a warrant by interpreting an affidavit in a neighbors and captured by security footage.
hyper-technical rather than commonsense manner. Moreover, the brother’s description fit the car that
Reviewing courts should not invalidate a warrant drove by the complainant’s residence multiple
by interpreting an affidavit in a hyper-technical times the day before the murder and that was
rather than commonsense manner. captured on camera circling the neighborhood. On
this point, we agree with the dissent’s observation:
In determining whether an affidavit provides the separate sightings were too similar and too
probable cause to support a search warrant, an coincidental to be unrelated. The majority ignores
issuing court and a reviewing court are constrained that part of the affidavit describing the
to the four corners of the affidavit. We must neighborhood as having only a single point of
examine the supporting affidavit to see if it recited ingress and egress and a single circling boulevard
facts sufficient to support conclusions (1) that a with multiple cul-de-sacs branching out from the
specific offense was committed, (2) that the main boulevard. The dissent continued that,
property or items to be searched for or seized because of this fact, the magistrate could
constitute evidence of the offense or evidence that a reasonably infer:
particular person committed it, and (3) that the
evidence sought is located at or within the thing to 1. Because thru traffic is not possible in this
be searched. neighborhood, there is a reasonable probability that
the vehicles seen most frequently there belong to
Appellee argues that the court of appeals properly the residents of the neighborhood, which would
applied the standard of review by holding (1) that also tend to explain why two separate neighbors
the statements in the affidavit did not support became suspicious of an unfamiliar sedan circling
reasonable inferences that all the vehicles were the the area.
same and (2) that there was no nexus between the 2. Because the neighbors’ suspicions were raised
white sedan observed fleeing the murder and the on two consecutive days about sedans that were
vehicle Appellee was driving four days later. We similar in appearance, there is a reasonable
disagree with both Appellee’s and the majority’s probability that the neighbors witnessed the same
conclusion that there was no nexus between sedan, and that its driver was deliberately circling
Baldwin’s vehicle and the offense. The State the neighborhood in preparation for the capital
alleges that it was reasonable for the magistrate to murder.
infer that the Lexus that Appellee was driving four 3. Because the sedan was positively linked to
days after the offense was linked to the capital Baldwin through the license plate, there is a

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