{"id":62147,"date":"2025-10-17T10:35:39","date_gmt":"2025-10-17T15:35:39","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62147"},"modified":"2025-10-17T11:34:32","modified_gmt":"2025-10-17T16:34:32","slug":"tx3-failure-to-swear-application-for-electronic-warrant-was-fatal-defect","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62147","title":{"rendered":"TX3: Failure to swear application for electronic warrant was fatal defect"},"content":{"rendered":"\n<p>The trial court did not abuse its discretion in determining that the officer who prepared an electronic BAC warrant in the patrol car was not sworn to tell the truth based on the body cam. That was a fatal defect. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=2f66acf8-311f-4781-a594-1b653009dc31&amp;MediaID=8d737bdf-d0b5-40a3-ada1-7d6719a1ee1a&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">State v. Chavez<\/a>, 2025 Tex. App. LEXIS 8031 (Tex. App. \u2013 Austin Oct. 17, 2025).<\/p>\n\n\n\n<p>When defendant\u2019s DL was run, it was revealed he was a registered sex offender not allowed to be around children and there was an 8- or 9-year-old girl in the back seat. That was reasonable suspicion. State v. Navarro, 2025 Tex. App. LEXIS 8033 (Tex. App. \u2013 Austin Oct. 17, 2025).*<\/p>\n\n\n\n<p>\u201cThe appellant also summarily argues that the trial court erred by limiting the appellant&#8217;s ability to establish a Franks violation. We disagree. [\u00b6] The appellant has failed to provide citations to statute, case law, rules of evidence, or learned treatise from this or any other jurisdiction to support her argument. The appellant even fails to present a standard of review.\u201d The issue is waived. State v. Rush, 2025-Ohio-4760 (5th Dist. Oct. 15, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court did not abuse its discretion in determining that the officer who prepared an electronic BAC warrant in the patrol car was not sworn to tell the truth based on the body cam. That was a fatal defect. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62147\">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":[136,35,129],"tags":[],"class_list":["post-62147","post","type-post","status-publish","format-standard","hentry","category-oath-or-affirmation","category-reasonable-suspicion","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62147","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=62147"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62147\/revisions"}],"predecessor-version":[{"id":62153,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62147\/revisions\/62153"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62147"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62147"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62147"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}