The Court of Appeals for the Fifth District of Texas reversed the trial court's decision to grant Jim Bob Green's motion to suppress evidence related to a methamphetamine possession case. The State of Texas appealed after the trial court ruled that the affidavit supporting the search warrant lacked probable cause. The investigation began in summer 2011, focusing on prescription fraud, which led detectives to suspect the Greens of drug-related activities. Surveillance and trash searches yielded evidence that justified a search warrant for their residence, where items were recovered, leading to Green's indictment.
In its analysis, the court emphasized that a magistrate must find probable cause before issuing a search warrant, defined by a "fair probability" that contraband will be found. The court reviewed the trial judge's ruling under a de novo standard but afforded significant deference to the magistrate’s original decision. It highlighted that the totality of circumstances in the affidavit should be considered as a whole, rather than in isolation, and that the reviewing court should not disregard the magistrate's findings in cases with marginal evidence. The court concluded that the trial judge erred in suppressing the evidence, thus reversing the ruling.
Detective Ralph Woods of the Duncanville Police Department executed a probable-cause affidavit leading to a search warrant for the residence at 433 Vincent Street in Cedar Hill, based on evidence suggesting drug-related activities. In August 2011, a pharmacist reported a forged hydrocodone-APAP prescription presented by Andrea Takats. A subsequent investigation revealed another fraudulent prescription linked to her at a Kroger pharmacy. In October 2011, an undercover detective discovered a trash bag at 318 Shorewood, containing a doctored prescription from Dr. Felix Starghill, who noted that numerous fraudulent prescriptions using his name had surfaced, beginning after he prescribed Motrin to Takats.
Following the recovery of this evidence, police obtained and executed a search warrant for 318 Shorewood on October 12. Ronald Takats, present during the search, admitted to recent methamphetamine use and stated that his daughter, Andrea, was acquiring and selling prescription medications. Police found marijuana and various medications at this location. Rosanna Rushing, also present, mentioned an older woman named 'Sherrie' who visited the residence, leading police to investigate Sherrie Marie Howell at 1233 Sawsawi Trail in Desoto. Surveillance and searches of trash bags from this address yielded evidence of drug use and trafficking, including narcotic notations with names and amounts.
A search warrant for 1233 Sawsawi Trail was executed on October 21, revealing marijuana, a methamphetamine pipe, and empty medicine vials. Sherrie Howell identified the vials as belonging to her son’s friend 'JB.' Kenneth Howell, her husband, provided details about JB, indicating he was a nurse and was suspected of supplying prescription medications to Sherrie and Lucas, Howell's stepson.
The police examined text messages from Brandy Ainsworth's cellphone, revealing a message from 'Jb' indicating possession of cash for a "quarter," a term related to drug weight, likely marijuana. This led to an investigation of 'JB' and 'Shauna,' linking them to a residence at 433 Vincent Street, Cedar Hill. The appellee and Shauna Green were both registered nurses in Texas, and the appellee had two prior arrests. On October 25, police began surveillance at the residence and noted Sherrie Howell's vehicle parked there. Over the next few days, Detective Hunt observed several activities: a white male watering the lawn matching the appellee’s description, interactions between the appellee and Michael Lucas, and the appellee moving trash cans and bags that contained potential evidence.
On October 28, after observing the appellee placing blue trash bags in the cans, police retrieved these bags and found items such as meth and marijuana pipes, as well as white powder. The police later obtained a search warrant for the residence, which led to the recovery of more drug-related items. The appellee presented two witnesses during a suppression hearing: a nurse who claimed the retrieved items were not illegal and Detective Hunt, who conceded that none of the items were inherently illegal. The State contended that the affidavit justified a fair probability of finding illegal drugs at the residence. The document concludes that the probable-cause affidavit provided a substantial basis for the search warrant, linking prior drug-related investigations to the current location and individuals.
A drug ledger found in the trash at 1233 Sawsawi Trail referenced 'Andrea' and 'Jb.' During a police search of this location, evidence of drug-related activities was discovered, including marijuana, meth pipes, pills, and vials. Sherrie Howell identified the vials as belonging to 'JB.' Kenneth Howell provided police with JB’s phone number and described him and his wife Shauna as nurses, suspecting them of supplying prescription drugs to Sherrie Howell and her son Michael Lucas. Additionally, an individual present during the search had a text message from 'JB' expressing interest in purchasing drugs.
Investigations linked 'JB' and Shauna to the appellee and his wife, Shauna Green, both listed in Texas’s nurse registry, and connected them to the residence at 433 Vincent Street via JB’s phone number and surveillance. Police observed Sherrie Howell’s vehicle and Michael Lucas at 433 Vincent. They also saw someone resembling the appellee disposing of two blue trash bags, which were subsequently searched. One bag contained a prescription bottle for Yolanda Carr, linking 433 Vincent to 318 Shorewood Drive, where similar bottles and other drug-related evidence were found. The bags also held a syringe matching one recovered from 1233 Sawsawi Trail.
The affidavit was deemed sufficient for establishing probable cause to search 433 Vincent, supported by earlier findings at Sawsawi Trail and Shorewood Drive. Kenneth Howell's identification of 'JB' and his connection to drug supplies further justified police action. The magistrate had a substantial basis to believe that illegal drugs or related evidence were present at 433 Vincent at the time of the search, aligning with precedent set in the Coker case regarding probable cause from anonymous tips.
Police surveillance led to the seizure of a trash can from the street outside a residence, which contained methamphetamine and manufacturing equipment. Based on this, a magistrate issued a search warrant, but the trial court suppressed the evidence. The State appealed, and the appellate court reversed the decision, finding that the combination of an anonymous tip and the trash contents provided sufficient probable cause for the magistrate to conclude that methamphetamine was likely in the residence.
In this case, the search-warrant affidavit linked the appellee to illegal drug activities and connected him to trash bags recovered from the residence, which contained evidence implicating him in drug-related crimes. The tip from Kenneth Howell, although deemed by the appellee as unreliable, was found to have corroborative details that supported its validity. The appellate court upheld that the magistrate could reasonably weigh Howell's tip alongside other evidence, concluding there was a fair probability of finding contraband or evidence of a crime at the specified location.
Thus, the appellate court determined that the trial court erred in suppressing the evidence and reversed that decision, remanding the case for further proceedings. The judgment was finalized on December 17, 2013.
