I have a basic general thought as to how this process should work, but was hoping to get some feedback from others who have been down this road.
If we want to get a search warrant on a residence in another state, and we would appreciate being a part of the service of the warrant, how do we go about this?
Here's my thought (right or wrong):
Call the D.A.'s office in the county where the residence lies and arrange a date for "us" to appear so that we can present the affidavit/warrant to "their" judge. Also pre-arrange with their office to have "us" meet with whoever will be serving the warrant so that "we" can accompany them (with their permission).
Next, if we find what we wanted out of the search and are ready for an arrest right then and there, can we get the arrest warrant signed and transport the defendant back to Texas? Do we have to come back to Texas with the evidence and indict first and then go through extradition procedures?
I would appreciate any input, suggestions, or leads!
The search warrant part looks good to me. You will probably want to get a court order from the local court allowing you to remove the property to Texas, consistent with the provisions in Article 18 for removing property seized in one county to another.
The arrest part is more problematic. You cant just arrest him with a local warrant and carry him back to Texas. He will need to be extradited or waive extradition. If you have PC already, have your detective get a pocket warrant from your judge--if the search is good have defendant arrested and then start extradition. If no PC to arrest yet, have someone standing by in your county to finish out the affidavit and get warrant as soon as you have PC, put on NCIC, then pd in the others state arrest in the other state.
Thanks for your help, John. I can always count on Collin County!
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