Page 49 - TPA Journal May - June 2018
P. 49
The jury convicted Huerra on all counts. Angelo narcotics dealer. Finally, Heathcock
explained that San Angelo police had conducted a
When law-enforcement officers seize evidence four-month surveillance operation and confirmed
through objectively reasonable reliance on a
that Huerra was distributing methamphetamine
search warrant, the Fourth Amendment does not from his home. The affidavit contained much
require that courts suppress the evidence. This more than wholly conclusory statements that
principle is the good-faith exception to the
lack the facts and circumstances from which a
exclusionary rule. Typically, the fact that a magistrate can independently determine probable
magistrate has issued the warrant can establish
cause. The affidavit was not bare bones, and a
that officers executed the warrant in good faith.4 reasonable officer could have relied on this
However, officers may not rely on a warrant that warrant in good faith.
was supported only by a bare bones affidavit.
Huerra asserts that the CIs tips were stale and
We label an affidavit bare bones only if it is so unreliable. Older tips are not stale if the affidavit
deficient in demonstrating probable cause that it
clearly shows a long-standing, ongoing pattern of
renders an officer s belief in its existence criminal activity.
completely unreasonable. For example,
affidavits that merely state that the affiant has
This affidavit demonstrated Huerras
cause to suspect and does believe or has longstanding, ongoing pattern of
received reliable information from a credible
methamphetamine distribution. The tips were not
person and does believe that contraband is stale. The affidavit also contained facts that
located on the premises are bare bones. support a conclusion that the CIs tips were
reliable. The CIs based their tips on personal
We make this determination by evaluating the knowledge, and both had given reliable
totality of the circumstances.
information before. It is inconsequential that San
Angelo Detective Craig Thomason was the
A reasonable officer could have relied on this original source for the second CIs tip because
warrant in good faith. First, a magistrate issued
officers may submit warrant applications
the warrant, which normally establishes good containing hearsay, including, of course,
faith. Second, Officer Heathcocks five-page
information provided by other officers. It makes
affidavit was not bare bones. It included tips from no difference that the affidavit does not identify
two reliable CIs that Huerra was involved in the source for the information obtained during the
methamphetamine distribution in San Angelo.
San Angelo Police Department investigation. The
The affidavit also described a San Angelo Police affidavit contains the common-sense inference
Department investigation that had identified
an inference that officers and magistrates are free
Huerra as the supplier for several San Angelo to makethat Heathcocks information came
methamphetamine dealers. Heathcocks affidavit either from his direct participation in the
further explained that, through numerous
investigation or from other officers who
investigative techniques, New Braunfels Police participated in the same investigation, two
Officer Kristen Malish had determined that
presumptively reliable sources. Finally, and
Huerra was distributing methamphetamine from contrary to Huerras contention, the information
his home. Malish also gave credible and reliable from Malish was reliable. Officers may submit
information that Huerra was storing a large
warrant applications containing [police-officer]
amount of methamphetamine at his home and had hearsay. Heathcocks statements about Malishs
negotiated to sell four ounces of it to a San
investigative techniques are presumptively
March/April 2018 www.texaspoliceassociation.com • 866-997-8282 45
