Murray v. State

534 S.W.3d 540
CourtCourt of Appeals of Texas
DecidedJune 21, 2017
DocketNo. 04-16-00227-CR
StatusPublished
Cited by5 cases

This text of 534 S.W.3d 540 (Murray v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. State, 534 S.W.3d 540 (Tex. Ct. App. 2017).

Opinion

OPINION

Irene Rios, Justice

Introduction

Alen John Murray was convicted by a jury of compelling prostitution. To support this conviction, the State introduced into evidence pictures, private messages, and other electronic data from a Faeebook account assigned to Murray. On appeal, Murray contends: (1) the affidavit supporting the search warrant did not establish probable cause to search Murray’s -Face-book account because it did not demonstrate the reliability of the informant or source of information; and (2) the evidence the trial court admitted from the Faeebook account was not properly authenticated. We affirm the trial court’s judgment of conviction.

Facts

This case arose based upon an outcry statement made by O.J., a 13-year-old girl, in which C.J. alleged she met Allen John Murray after she, ran away from home. C.J. claimed Murray took pictures of her and posted them on his Faeebook page to advertise her for sex. C.J. stated that at least three men came to Murray’s house, gave money to Murray and engaged in sexual intercourse with her. Ater two days, C.J. left Murray’s house and returned to her grandmother’s home; however, she then stole her grandmother’s car and ran away again. C.J. was eventually arrested and taken to the Bexar County Juvenile Detention 'Center where she made the,outcry statement to a juvenile detention officer. A state .trooper from the Department of Public Safety (DPS), conducted an investigation and prepared an investigative report of his findings. The report stated the officer’s observation of a Faeebook page assigned to Murray, as it appeared to the general public, confirmed the presence of sexually provocative pictures of C. j., and these pictures were attached to the report.

Subsequently, Jonathan Brown, a Texas Peace Officer assigned as an investigator with the Bexar County District Attorney’s Office, executed an affidavit to obtain a search warrant of Murray’s Faeebook account’, profile, and private messages based upon the information providéd by C.J; to law enforcement and the DPS officer’s investigative report. The magistrate issued a search warrant.

As a result of this investigation, the State charged Murray in a four-count in-[543]*543dietment with trafficking of- a child and compelling prostitution. During trial, the prosecution introduced evidence of the pictures of C.J, that appeared on the Face-book page assigned to Murray, as well as private messages received and written pertaining to C.J. through the Facebook account. A jury acquitted Murray of three counts and returned a guilty verdict on one count of compelling prostitution. Murray now appeals.

Analysis

Issue One: Probable Cause for a Search Warrant

In his first issue, Murray argues the trial court abused its discretion by denying his motion to suppress evidence obtained as a result of the search warrant. Murray contends the affidavit supporting the search warrant did not contain sufficient facts to establish probable cause to search Murray’s Facebook account. Specifically, Murray asserts Officer Brown attested to information provided by C.J. through other law enforcement officers, but failed to verify the information or otherwise establish C.J.’s reliability. Therefore, the affidavit is based solely upon hearsay and cannot establish probable cause to issue a search warrant of Murray’s Facebook account.

Á search warrant must be supported by an affidavit which sets forth substantial facts establishing probable cause for its issuance. See Davis v. State, 27 S.W.3d 664, 667 (Tex. App.—Waco 2000, pet. ref'd); Mayfield v. State, 800 S.W.2d 932, 934 (Tex. App.—San Antonio 1990, no pet.). Probable cause to support the issuance of a search- warrant exists when the totality of the circumstances presented to the magistrate -in the affidavit are sufficient to justify a conclusion that evidence of the. specified crime,, or the object of the search, is probably in,a.particular, place. Davis, 27 S.W.3d at 667; Gonzales v. State, 481 S.W.3d 300, 306 (Tex. App.—San Antonio 2015, no pet.). To satisfy this standard, there must exist at least a fair, probability or substantial chance that evidence of a specific crime will be found in the place, person or thing to be- searched. Rodriguez v. State, 232 S.W.3d 55, 60-61 (Tex. Crim. App. 2007); Gonzales, 481 S.W.3d at 306. While only the four corners of the affidavit may be examined,to determine whether probable cause exists, reasonable inferences may be drawn from the affidavit, and it must be interpreted in a commonsense and realistic planner. Gonzales, 481 S.W.3d at 306.

The reliability of the affiant and his sources of information are part of .the totality of the circumstances that the magistrate should evaluate in making a probable-cause determination. Johnson v. State, 803 S.W.2d. 272, 289 (Tex. Crim, App. 1990), cert. denied 501 U.S. 1259, 111 S.Ct. 2914, 115 L.Ed.2d 1078, overruled on other grounds by Heitman v. State, 815 S.W.2d 681(Tex. Crim. App. 1991). However, “where a crime victim, who is a private citizen, reports the commission of a, criminal offense, and whose only contact, with law enforcement authorities is a result of having been victimized at the hands of another, the credibility and reliability of the information is inherent.” Nelson v. State, 855 S.W.2d 26, 30 (Tex. App.—El Paso 1993, no pet.). Therefore, in making a probable-cause determination, a magistrate is entitled to rely on source information supplied by a victim eyewitness without an independent showing of reliability. Id.\ see also Gonzales, 481 S.W.3d at 308. Similarly, “[t]he magistrate may rely on the affidavit of a police officer based on ... the knowledge óf other officers.” Johnson, 803 S.W.2d at 289.

Standard of Review,

An appellate court must review a trial court’s ruling on a motion to suppress [544]*544using the “bifurcated” standard of review set forth in Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997). Robuck v. State, 40 S.W.3d 650, 654 (Tex. App.—San Antonio 2001, pet. ref'd); see also Burke v. State, 27 S.W.3d 651, 654 (Tex. App.— Waco 2000, pet. ref'd). Thereby, the appellate court will “give deference to the trial court’s determination of historical facts that depend on credibility choices, but review its application of the law of probable cause de novo.” Burke, 27 S.W.3d at 654. Because it examines only the four corners of the affidavit to determine whether probable cause to issue a warrant exists, the trial court is not required to make any credibility choices in examining the affidavit. Robuck, 40 S.W.3d at 654; Burke, 27 S.W.3d at 654. Therefore, the appellate court will review the trial court’s ruling de novo

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Eric Laranze Taylor v. the State of Texas
Court of Appeals of Texas, 2024
Eric Daniel Auld v. the State of Texas
Court of Appeals of Texas, 2023
Murray v. Lumpkin
W.D. Texas, 2022
Johnny Ray Ryder, Jr. v. State
Court of Appeals of Texas, 2019
Ismael Rodriguez, Jr. v. State
Court of Appeals of Texas, 2018

Cite This Page — Counsel Stack

Bluebook (online)
534 S.W.3d 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-state-texapp-2017.