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Click here for the full text of this decision FACTS:Daphne Folmer, Joe Gail Duncan’s girlfriend, was in jail. While there, Folmer told authorities that Duncan kept pornographic photographs of her minor daughter in his pickup truck, that Folmer had sold these photographs to Duncan and that he also kept in the truck similar photographs of other minor females. On the basis of Folmer’s report, officers sought and were issued a warrant to search Duncan’s truck. That search turned up child pornography, which was ultimately used as evidence in Duncan’s trial for sexual performance by a child. Duncan gave a statement to officers, which was also used as evidence at trial. Duncan pleaded guilty, and the jury assessed his punishment at 15 years’ imprisonment. Duncan appeals. HOLDING:Affirmed. The truck itself is well described � even down to the license plate number � so, under the facts of this case, there was no need for the truck’s location to be set out specifically in the warrant or affidavit. Such an added requirement would serve no purpose, and the inherent mobility of a vehicle would make satisfying such a requirement quite difficult. The affidavit sufficiently describes the pickup truck to be searched. Duncan contends the affidavit provides no substantial basis on which the issuing magistrate could have determined probable cause because it fails to state when Folmer sold the photographs to Duncan and when she last saw the photographs in Duncan’s truck. Those omissions do not undermine probable cause in this case. Duncan claims the affidavit’s silence, as to when the informant sold the photographs to Duncan or when she last saw them in his truck, denies the affidavit the necessary facts to establish probable cause. The finding of probable cause is supported by the statements in the affidavit that Folmer sold the items to Duncan and that Duncan’s practice was to keep them in his truck as stated, given the recitation of contextual facts indicating that the information is reliable. Folmer personally sold the photographs to Duncan and observed his practice of keeping them in his truck. Affording great deference to the issuing magistrate’s determination, the court holds the affidavit was sufficient to establish probable cause. The court concludes that the information contained within the four corners of the affidavit, under the totality of the circumstances, provides a substantial basis on which the issuing magistrate could have found probable cause. The trial court was within its discretion in overruling Duncan’s motion to suppress the evidence found in his truck. Duncan asserts that his statement was involuntarily made because he was intoxicated at the time. Though, at the pretrial hearing on his motion to suppress the statement, Duncan testified he had consumed many beers in the hours leading up to his statement, and does not remember significant portions of the statement process, officers testified that Duncan did not appear to be intoxicated at the time. The court defers to findings of fact made by the trial court when there is conflicting evidence. Because the evidence conflicted on whether Duncan was intoxicated when he gave his statement, the trial court was within its discretion in admitting the statement, the court concludes. OPINION:Morriss III, C.J.; Morriss, CJ, Ross and Carter, JJ.

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