Foreman v. Texas (original by judge keasler)
Annotate this CaseActing on evidence that two men had been tortured and robbed at a business in Houston, police obtained a warrant to search the business. The warrant authorized the police to seize any and all "ITEMS CONSTITUTING EVIDENCE CONSTITUTING AGGRAVATED ASSAULT AND ROBBERY that may be found therein . . . including,” among other things, “audio/video surveillance video and/or video equipment.” Pursuant to this warrant, the police seized three computer hard drives from the business. Upon analysis, one hard drive — the only hard drive at issue in this appeal, was found to contain surveillance footage depicting much of the incident leading to charges against Foreman for aggravated kidnapping and aggravated robbery. At the hearing on Foreman's motion to suppress evidence found on the hard drive, Foreman argued the warrant affidavit did not establish probable cause that audio and video surveillance equipment would even be found at the business. The trial court denied Foreman's motion; he was ultimately convicted on both offenses and sentenced to fifty years' confinement. The Texas Court of Criminal Appeals determined the magistrate who signed the search warrant was justified in issuing the warrant authorizing police to seize the equipment from the business, thus affirming denial of Foreman's motion to suppress.
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