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In a DWI case, the officer got a search warrant for a specimen of D's blood and a draw was done. The current Predicates manual seems to state that the probable cause affidavit and warrant can be admitted as one exhibit. Am I thinking of this correctly? What, if anything else, would I need? Thanks!
 
Posts: 38 | Location: Rusk, Texas  | Registered: January 26, 2017Reply With QuoteReport This Post
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I don't think the PC affidavit can be admitted, can it? It's just like a police report in that it's all hearsay statements created for a law enforcement purpose.
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
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You may be right. As I read the current edition of the predicates manual, however, it looks like the proper offer is both the PC affidavit and SW together. (TDCAA Predicates, 2017-19, p. 8)


Arron P. Swink
Assistant County Attorney
Cherokee County, Texas
903.683.2423
apswink@cocherokee.org
 
Posts: 38 | Location: Rusk, Texas  | Registered: January 26, 2017Reply With QuoteReport This Post
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