Court of Criminal Appeals of Texas

Rodney Swearingen, Appellant v. the State of Texas

June 23, 20042004 Tex. Crim. App. LEXIS 1017

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals' judgment, holding that the proper standard of review for a magistrate's probable‑cause determination to issue a search warrant is the deferential standard articulated in Gates and Johnson. The Court reviewed the issue de novo as a question of law but concluded that deference was appropriate, and therefore the appellate court had applied the correct standard.