We use the blood draw search warrant extensively for DWI refusals and I have my first supression hearing coming up, with the issue being the faxing of the affidavit to the magistrate, and the return faxing of the warrant.....etc.
I have been unable to find any cases on point. Anyone have any ideas?
The defense atty is wanting to preserve this issue and take it up, so it may have far-reaching consequences. I want to get it right.
Any help would be appreciated.
I don't see any requirement that the officer be present to deliver it to the judge.
I know it is logical that the officer doesn't have to be present, but hoping there was some authority.
Thanks
Mike

You might look at

CCP art. 2.26 and

Smith v. State, 207 S.W.3d 787, 792 n.24 (Tex. Crim. App. 2006) ("Telephonic warrants are permitted under the Federal Rules of Criminal Procedure. Fed.R.Crim.P. 41(d)(3). In these instances, the officer requesting the search warrant does not sign an affidavit but swears to the truth of his statements. Fed.R.Crim.P. 41(d)(3)(B)(i). Several states also allow telephonic warrants, including Alaska, Arizona, California, Colorado, Delaware, Idaho, Illinois, Minnesota, Nebraska, and South Dakota. See Justin H. Smith, Note, Press One for Warrant: Reinventing the Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, 55 Vand. L.Rev. 1591, 1607-1613 (2002). ").