TX: State statutory requirement of legible magistrate’s signature subject to GFE

Code of Criminal Procedure Article 18.04(5) requires, in part, that a search warrant contain a legible magistrate’s signature. So what effect does an illegible magistrate’s signature have upon the applicability of the statutory good-faith exception? See Tex. Code Crim. Proc. art. 38.23(b) (setting forth statutory good-faith exception). The short answer is none. Therefore, we vacate the judgment of the court of appeals and remand this case to that court for further proceedings.” State v. Arellano, 2020 Tex. Crim. App. LEXIS 363 (May 6, 2020).

“Jones primarily challenges his conviction on the ground that the exclusionary rule for Fourth Amendment violations applies in supervised release hearings and bars the admission of drugs seized from the car he was driving. That argument is foreclosed by this Court’s recent decision in United States v. Hightower, 950 F.3d 33 (2d Cir. 2020), which holds that the exclusionary rule does not apply in federal proceedings to revoke supervised release.” United States v. Jones, 2020 U.S. App. LEXIS 11857 (2d Cir. Apr. 15, 2020).

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