{"id":61313,"date":"2025-06-19T08:41:32","date_gmt":"2025-06-19T13:41:32","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61313"},"modified":"2025-06-19T08:41:32","modified_gmt":"2025-06-19T13:41:32","slug":"tx5-failure-to-swear-an-oath-or-affirmation-before-the-issuing-judge-was-fatal-to-warrant","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61313","title":{"rendered":"TX5: Failure to swear an oath or affirmation before the issuing judge was fatal to warrant"},"content":{"rendered":"\n

Failure to swear an oath or affirmation before the issuing judge was fatal to this warrant. He signed it but didn\u2019t acknowledge swearing to it. \u201cthe Court of Criminal Appeals has specifically explained that \u2018to convey the solemnity and critical nature of being truthful,\u2019 Texas law requires that \u2018the oath must be made ‘before’ or in the presence of another.\u2019\u201d Moreover, the good faith exception does not apply. State v. Hardridge<\/a>, 2025 Tex. App. LEXIS 4126 (Tex. App. \u2013 Dallas June 16, 2025).<\/p>\n\n\n\n

Defendant consented to a patdown before getting in the police car for a courtesy ride. Hall v. State, 2025 Fla. App. LEXIS 4677 (Fla. 5th DCA June 18, 2025).*<\/p>\n\n\n\n

\u201cTurning to Defendant’s [Franks] challenge, he does not identify any statement by any affiant that is purportedly false, misleading, or made with reckless disregard for the truth. \u2026 This alone constitutes reason enough to deny his request for a Franks hearing.\u201d United States v. Dewberry, 2025 U.S. Dist. LEXIS 116473 (S.D. Ohio June 18, 2025).*<\/p>\n\n\n\n

Defendant doesn\u2019t show how the challenged statement is false in context. Franks hearing denied. United States v. Chattams, 2025 U.S. Dist. LEXIS 116479 (S.D. Ohio June 18, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Failure to swear an oath or affirmation before the issuing judge was fatal to this warrant. He signed it but didn\u2019t acknowledge swearing to it. \u201cthe Court of Criminal Appeals has specifically explained that \u2018to convey the solemnity and critical … 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":[24,21,91,133],"tags":[],"class_list":["post-61313","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine","category-neutral-and-detached-magistrate","category-warrant-papers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61313","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=61313"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61313\/revisions"}],"predecessor-version":[{"id":61314,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61313\/revisions\/61314"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61313"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61313"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61313"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}