TX9: Court clerk can swear officer for SW application

The affidavit for search warrant does not have to be sworn to before the issuing magistrate under Texas law. A clerk will do. Fender v. State, 2021 Tex. App. LEXIS 6605 (Tex. App. – Beaumont Aug. 9, 2021).

No reasonable officer would be able to conclude defendant was trespassing in a park after being ordered to leave when he was arrested outside. Qualified immunity denied on this claim. Watkins v. Shields, 2021 U.S. App. LEXIS 23730 (11th Cir. Aug. 10, 2021).*

There was probable cause for a warrant for defendant’s DNA for touch DNA analysis on a firearm. United States v. Brooks, 2021 U.S. Dist. LEXIS 149747 (E.D.Mich. Aug. 10, 2021).*

Officers entered defendant’s apartment to freeze it while they got a warrant. They ended up essentially spending the night. Defendant’s consent the next day wasn’t voluntary because of various factors found by the court, including failure to turn on a bodycam and failure to turn over cell phone pictures an officer took during the entry that ultimately showed the implausibility of a plain view in another room. United States v. Garcia, 2021 U.S. Dist. LEXIS 150129 (E.D.N.Y. Aug. 10, 2021).*

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