{"id":61485,"date":"2025-07-18T08:19:39","date_gmt":"2025-07-18T13:19:39","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61485"},"modified":"2025-07-18T08:19:39","modified_gmt":"2025-07-18T13:19:39","slug":"tx7-sw-sworn-to-before-wrong-officer-still-in-gf","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61485","title":{"rendered":"TX7: SW sworn to before wrong officer still in GF"},"content":{"rendered":"\n<p>The search warrant affidavit was not sworn to before a judge as required by the statute, but it was sworn to before an officer with the authority to take oaths. That was sufficient for the good faith exception to apply. Suppression reversed. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=67e34923-e4a0-4f39-83be-f6beb842b676&amp;MediaID=cada4f43-645e-4943-8c20-ebc4dace0b16&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">State v. Rios<\/a>, 2025 Tex. App. LEXIS 5080 (Tex. App. \u2013 Amarillo July 17, 2025).<\/p>\n\n\n\n<p>In this federal homicide case with cell phone tracking, any motion to suppress would have failed, so defense counsel couldn\u2019t be ineffective for not pursuing it. United States v. Brown, 2025 U.S. Dist. LEXIS 134356 (N.D. Ill. July 15, 2025).*<\/p>\n\n\n\n<p>Plaintiff\u2019s complaint that officers falsified information for the search warrant that led to his case fails in \u00a7 1915A screening. He doesn\u2019t allege what\u2019s false or what was seized based on the falsity. Parker v. McMullum, 2025 U.S. Dist. LEXIS 134360 (W.D. Okla. June 10, 2025).*<\/p>\n\n\n\n<p>As a whole, the affidavit for warrant wasn\u2019t materially misleading, and it still showed probable cause. United States v. Ramirez, 2025 U.S. Dist. LEXIS 135907 (D. Mass. July 16, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant affidavit was not sworn to before a judge as required by the statute, but it was sworn to before an officer with the authority to take oaths. That was sufficient for the good faith exception to apply. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61485\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[104,21,11,23,91],"tags":[],"class_list":["post-61485","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-franks-doctrine","category-good-faith-exception","category-ineffective-assistance","category-neutral-and-detached-magistrate"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61485","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=61485"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61485\/revisions"}],"predecessor-version":[{"id":61486,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61485\/revisions\/61486"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61485"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61485"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61485"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}