{"id":49355,"date":"2021-08-12T07:17:52","date_gmt":"2021-08-12T12:17:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49355"},"modified":"2021-08-12T09:42:05","modified_gmt":"2021-08-12T14:42:05","slug":"tx9-court-clerk-can-swear-officer-for-sw-application","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49355","title":{"rendered":"TX9: Court clerk can swear officer for SW application"},"content":{"rendered":"\n

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<\/a>, 2021 Tex. App. LEXIS 6605 (Tex. App. \u2013 Beaumont Aug. 9, 2021).<\/p>\n\n\n\n

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<\/a>, 2021 U.S. App. LEXIS 23730 (11th Cir. Aug. 10, 2021).*<\/p>\n\n\n\n

There was probable cause for a warrant for defendant\u2019s DNA for touch DNA analysis on a firearm. United States v. Brooks, 2021 U.S. Dist. LEXIS 149747 (E.D.Mich. Aug. 10, 2021).*<\/p>\n\n\n\n

Officers entered defendant\u2019s apartment to freeze it while they got a warrant. They ended up essentially spending the night. Defendant\u2019s consent the next day wasn\u2019t 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).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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. \u2013 Beaumont Aug. 9, 2021). No reasonable … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,24,20,40,37],"tags":[],"class_list":["post-49355","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-consent","category-probable-cause","category-qualified-immunity","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49355","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49355"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49355\/revisions"}],"predecessor-version":[{"id":49366,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49355\/revisions\/49366"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49355"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49355"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49355"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}