Court of Criminal Appeals of Texas

Lee Warren Eisenhauer, Appellant v. the State of Texas, Appellee

March 23, 19881988 Tex. Crim. App. LEXIS 53

Summary

The Court reversed the Court of Appeals and affirmed the trial court's judgment, holding that the appellant preserved the state‑law issue, that Texas must apply the totality‑of‑circumstances test (Illinois v. Gates) rather than the Aguilar‑Spinelli two‑prong test for probable cause, and that probable cause existed under Texas law. The dissenting judges argue that the majority should not merely follow the federal model and that Texas should retain a stricter standard.