Parker v. Texas (original by judge mcclure iii)

Appellant Silas Parker was charged with possession with intent to deliver four hundred grams or more of a controlled substance, namely, psilocybin. Appellant contested the legality of the search warrant on the ground that probable cause did not exist when it was issued since the psilocybin had not yet been delivered. This case presented a matter of first impression for the Texas Court of Criminal Appeals: Are all anticipatory search warrants prohibited under Texas law? The Court held that the language of article 18.01(b) of the Texas Code of Criminal Procedure permitted anticipatory search warrants and affirmed the judgment of the court of appeals.