Wetherby v. State

17 Citing cases

  1. Fry v. State

    493 S.W.2d 758 (Tex. Crim. App. 1972)   Cited 16 times

    See, Adair and Via v. State, 482 S.W.2d 247 (Tex.Cr.App.1972). Yantis v. State, 476 S.W.2d 24 (Tex.Cr.App.1972); Wetherby v. State, 482 S.W.2d 852 (Tex.Cr.App.1972). It is observed, however, that Officer Presley knew there was a car as described by the informer.

  2. Phenix v. State

    488 S.W.2d 759 (Tex. Crim. App. 1973)   Cited 73 times
    Holding that where a search warrant incorporates the supporting affidavit and the affidavit describes the place to be searched with particularity, this is sufficient to make the description of the place to be searched part of the warrant

    In his ninth ground of error appellant alleges that the trial court erred in sustaining the State's objection to defense counsel's request for the names of the persons described in the affidavit supporting the search warrant as "users and sellers of narcotics' who were seen frequenting appellant's apartment. In Wetherby v. State, 482 S.W.2d 852 (1972), this court said, ". . . it is well settled "that a court will not look behind the allegations of an affidavit for the issuance of a search warrant." Brown v. State, 437 S.W.2d 828 (Tex.Cr.App. 1968)."

  3. Cook v. State

    497 S.W.2d 295 (Tex. Crim. App. 1973)   Cited 8 times

    In determining the sufficiency of such affidavit to reflect probable cause for the issuance of the search warrant, this Court is bound by the four corners thereof. Wetherby v. State, Tex.Cr.App., 482 S.W.2d 852; Adair v. State, Tex.Cr.App., 482 S.W.2d 247. In Aguilar v. Texas, supra, the United States Supreme Court stated:

  4. Sessions v. State

    498 S.W.2d 933 (Tex. Crim. App. 1973)   Cited 8 times

    In determining the sufficiency of such affidavit to reflect probable cause for the issuance of the search warrant, this Court is bound by the four corners thereof. Wetherby v. State, Tex.Cr.App., 482 S.W.2d 852; Adair v. State, Tex.Cr.App., 482 S.W.2d 247; Cook v. State, 497 S.W.2d 295 (1973). The affidavit states that the informant had been inside the apartment within the past 12 hours and had seen Lola Faye Johnson selling capsules of heroin to others.

  5. Collins v. State

    502 S.W.2d 743 (Tex. Crim. App. 1973)   Cited 10 times

    In determining the sufficiency of the affidavit, we are bound by the four corners of the document. Gaston v. State, 440 S.W.2d 297 (Tex.Cr.App. — 1969) (Onion, J., concurring), cert. denied, 396 U.S. 969, 90 S.Ct. 452, 24 L.Ed.2d 435; Wetherby v. State, 482 S.W.2d 852 (Tex.Cr.App. — 1972). Examining the affidavit in such manner, we hold that it does reflect adequate probable cause and sufficient 'underlying circumstances' to satisfy the requirements of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723. Appellant's first ground of error is overruled.

  6. Caldarera v. State

    504 S.W.2d 914 (Tex. Crim. App. 1974)   Cited 10 times

    See, e.g., Polanco v. State, 475 S.W.2d 763 (Tex.Cr.App. 1971). Among the cases in which this Court has considered the second requirement of Aguilar as applied to an unnamed first-time informer are Yantis v. State, 476 S.W.2d 24 (Tex.Cr.App. 1972); Adair v. State, 482 S.W.2d 247 (Tex.Cr.App. 1972); Wetherby v. State, 482 S.W.2d 852 (Tex.Cr.App. 1972); and Cook v. State, 497 S.W.2d 295 (Tex.Cr.App. 1973). In each of these cases the affidavit was found to be sufficient to meet the second requirement of Aguilar but each opinion indicates that the affidavit considered met only the minimal requirement.

  7. Pecina v. State

    516 S.W.2d 401 (Tex. Crim. App. 1974)   Cited 37 times
    In Pecina v. State, 516 S.W.2d 401, we held that an affidavit need not state an informer's qualifications to identify heroin.

    The affidavit stated that the informer had been in the appellant's apartment within six hours and had observed her remove a brown paper bag, from a drawer of a chest in the bedroom, which contained approximately one hundred foil wrapped packets of heroin. The affidavit presented here is substantially the same as that approved by this Court in Wetherby v. State, Tex.Cr.App., 482 S.W.2d 852. See also Cummins v. State, Tex.Cr.App., 478 S.W.2d 452.

  8. Barnes v. State

    520 S.W.2d 401 (Tex. Crim. App. 1975)   Cited 11 times
    Holding that unexplained possession of stolen property is sufficient to sustain conviction for theft

    In Phenix v. State, Tex.Cr.App., 488 S.W.2d 759, on p. 765, we said: 'In Wetherby v. State, (Tex.Cr.App.) 482 S.W.2d 852 (1972) this court said: '. . . it is well settled that a court will not look behind the allegations of an affidavit for the issuance of a search warrant. Brown v. State, 437 S.W.2d 828 (Tex.Cr.App.1968).

  9. Abercrombie v. State

    528 S.W.2d 578 (Tex. Crim. App. 1975)   Cited 40 times
    Holding that the absence of an allegation of prior reliability is not ipso facto a fatal defect in the affidavit and other factors may be considered in determining reliability including a statement against penal interest

    The officer-affiant did not elaborate upon such conclusory statement or offer the magistrate in the affidavit other factors bearing on a first-time informer's reliability and credibility often found in affidavits involving first-time informers such as the presence or absence of a criminal record, reputation in the community, reputation with associates, position in community. See, i.e., Adair v. State, supra; Yantis v. State, 476 S.W.2d 24 (Tex.Cr.App. 1972); Wetherby v. State, 482 S.W.2d 852 (Tex.Cr.App. 1972); Cook v. State, 497 S.W.2d 295 (Tex.Cr.App. 1973). Therefore, we must look elsewhere in the affidavit to determine if the conclusory statement is supported.

  10. Carvajal v. State

    529 S.W.2d 517 (Tex. Crim. App. 1975)   Cited 72 times
    Affirming a conviction for aggravated assault by threat when the defendant pulled a loaded gun on police officers but the gun was not cocked and could not be fired

    Caution should be exercised in comparing the details provided in one affidavit with those of another, lest judicial consideration of whether important, constitutionally protected interests have been violated becomes an arid and mechanistic exercise. Nevertheless, we have reviewed the cases in this area of the law, focusing upon Caldarera v. State, Tex.Cr.App., 504 S.W.2d 914; Cook v. State, Tex.Cr.App., 497 S.W.2d 295; Wetherby v. State, Tex.Cr.App., 482 S.W.2d 852; Adair v. State, Tex.Cr.App., 482 S.W.2d 247; and Yantis v. State, Tex.Cr.App., 476 S.W.2d 24. It is apparent that the affidavit in the instant case states fewer underlying circumstances than those stated in the affidavits found sufficient in Cook, Wetherby, and Yantis. On the other hand, it provides more information than the supporting affidavit held invalid in Caldarera.