![]() ![]() Accordingly, we limit our review to the search warrants and supporting affidavits for the two residences and the mini-storage unit. The return attached to the search warrant for the automobile states that no items were recovered when that warrant was executed. Price challenges the adequacy of four affidavits (marked as Defendant s Exhibits 1 through 4) presented for issuance of search warrants for a residence in Texas City, a residence in La Marque, a mini-storage unit in Texas City, and an automobile in the driveway of the La Marque residence. Price contends that the affidavits at issue did not establish probable cause to believe that the items sought would probably be found at one particular location because the State sought to search at four different locations simultaneously for the same items. Massey, 933 S.W.2d at 148 (emphasis added) (quoting Hass v. premises to be searched at the time the warrant issues. An affidavit suffices if the facts therein justify a conclusion that the property that is the object of the search probably is on the. When an appellant contends that an affidavit does not establish probable cause for issuance of a search warrant, our review is limited to the information contained within the four corners of the affidavit. Price s own responsibility to see that they have been included in the appellate record has likewise been fulfilled by their inclusion in the supplemental record. Here, Price satisfied the State s burden of production in the suppression hearing by offering the warrants and supporting affidavits in evidence. Once the State has done so, it then becomes the responsibility of the defendant to see that are in the record if they are to be reviewed on appeal. When the State relies on a warrant, the State must produce the warrant and its supporting affidavit to the trial court for inspection. If a defendant alleges that evidence has been seized in violation of the Fourth Amendment, the State must establish that the seizure was done pursuant to a warrant or, if without a warrant, that the seizure was reasonable. Nevertheless, they have been included in a supplemental reporter s record on appeal. The documents were marked as exhibits but were never formally admitted in evidence. At the suppression hearing, Price offered in evidence the search warrants and supporting affidavits at issue. Price contends that the seizure of the challenged items should be treated as warrantless seizures because the search warrants were not admitted in evidence. Thus, he has failed to preserve this issue for our review with respect to those ten items. Price s counsel affirmatively stated that he had no objection to the admission of ten of these twenty-two items as each of the ten was offered in evidence. Price s primary basis for challenging the seizure of these items is that the search warrants pursuant to which the items were seized were not supported by probable cause. Price contends in his first point that the court should have granted his motion to suppress twenty-two items of evidence offered in evidence at trial. Price contends in two points that: (1) the court erred by denying his motion to suppress and (2) article 37.07, section 4(a) of the Code of Criminal Procedure is unconstitutional. The jury assessed punishment at sixty years imprisonment for the aggravated kidnapping and aggravated robbery convictions and life imprisonment for the aggravated sexual assault conviction. 00CR1770, 00CR1583 and 00CR1582Ī jury convicted Chad Everett Price of aggravated kidnapping, aggravated sexual assault, and aggravated robbery. ![]()
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