Texas v. Elrod

Appellee Gordon Elrod was charged with fraudulent use or possession of identifying information and with two offenses of tampering with a governmental record. Appellee filed a motion to suppress evidence seized by police officers after they executed a search warrant at his hotel room. The trial court granted Appellee’s motion to suppress, finding that the affidavit in support of the search warrant did not establish probable cause. The Fifth Court of Appeals agreed and affirmed the trial court’s order. The Court of Criminal Appeals held that the affidavit at issue contained enough particularized facts given by a named informant to allow the magistrate to correctly determine that there was probable cause to issue a search warrant. The court of appeals erred by affirming the trial court’s order granting Appellee’s pretrial motion to suppress. Accordingly, the Court reversed the judgment of the Fifth Court of Appeals, vacated the trial court’s order granting the motion to suppress, and remanded the case to the trial court for further proceedings. View "Texas v. Elrod" on Justia Law