Court of Criminal Appeals of Texas

Roy Chapin v. the State

June 22, 1927107 Tex. Crim. 477

Summary

The Court reversed the conviction because the search warrant was issued on an affidavit based only on information and belief, which did not satisfy the probable cause requirement of the Texas Constitution and the Fourth Amendment. The majority held that such warrants are invalid and the evidence obtained must be excluded. A concurring opinion agreed, and a dissent argued that the traditional practice should continue.