Court of Criminal Appeals of Texas

Felix Flores, Appellant v. the State of Texas

May 19, 20102010 Tex. Crim. App. LEXIS 618

Summary

The Court of Criminal Appeals held that the magistrate had a substantial basis to issue a search warrant for Flores's residence, finding that the anonymous tip, corroborating vehicle and utility information, and two trash searches together satisfied the totality‑of‑the‑circumstances test for probable cause. The Court affirmed the appellate judgment and rejected the argument that the trash evidence creates a bright‑line rule. Justice Meyers dissented, contending that the trash findings and anonymous tip did not establish probable cause. The dissent is summarized in the separateOpinions section.