Browning v. State

Oklahoma Court of Criminal Appeals · 2006 · Evidence

134 P.3d 816 (Okla. Crim. App. 2006)

Updated August 22, 2026

Evidencesearch warrantprobable causeaffidavitresidence searchstolen propertyplain view through windowmagistrate deference

Facts

After the crimes, police sought and obtained a search warrant for Browning’s home. The affidavit recounted Cenessa’s account identifying Browning and stated that a neighbor saw Browning and Pethel at the victims’ house shortly before the crimes. It also stated that, when the affiant tried to contact Browning the day after the crimes, he looked through Browning’s front window and saw a video camera, tripod, and guns similar to property stolen from the victims’ house. Officers recovered and photographed items including duct tape and cigarette lighter fluid at Browning’s residence, and those photographs were admitted at trial.

Issue

Whether the affidavit supporting the search warrant gave the magistrate a substantial basis to find probable cause that evidence of the crimes would be found at Browning’s residence. Also, whether the trial court abused its discretion by admitting photographs of the victims and survivor.

Rule

Under the totality of the circumstances, a magistrate may issue a search warrant when the affidavit provides a practical, common-sense basis to conclude there is a fair probability that evidence or contraband will be found at a particular place. Reviewing courts defer to the magistrate’s determination and ask only whether the affidavit gave a substantial basis for finding probable cause. Photographs are admissible when they are relevant to show the nature and location of wounds, corroborate testimony, or depict the crime scene, so long as they are not so gruesome that jurors cannot view them impartially.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Wichita, Kansas, police investigated a nighttime burglary and shooting at a home. The affidavit for a warrant to search Nolan Pierce’s apartment stated that the surviving victim identified Pierce as one of the intruders, a neighbor saw Pierce near the house shortly before the crime, and the next afternoon an officer looking through Pierce’s front window saw a camcorder and rifle matching items reported stolen from the home.

If Pierce moves to suppress items seized from his apartment, what is the strongest argument for upholding the warrant?

Explanation. Under the majority opinion, probable cause is assessed under the totality of the circumstances with a practical, common-sense inquiry into whether there is a fair probability evidence will be found at the place searched. Here, the affidavit tied Pierce to the crime through the victim’s account and the neighbor’s observation, then specifically linked his apartment to apparently stolen property seen through the window. That gives the magistrate a substantial basis for probable cause. The rule is not that any accused person’s home may automatically be searched, nor is exact serial-number confirmation required.