AG Opinion: search warrant affidavits public when filed with court
The AG Open Records Division issued an opinion [copy attached] with this summary:
"A court construing the plain language of article 18.01(b) of the Code of Criminal Procedure would likely conclude that a search warrant affidavit becomes public information when sworn to and filed with the court."
Expect some PIAs asking for copies of search warrant affidavits that have not been served yet or have never been served.
That would fix the problem if the bill gets through. Thank you.
May 11, 2017, 18:22
Ben Stool
The engrossed bill that was sent to the Senate Criminal Justice Committee has some extras, including this portion:
"The failure of an officer to make a timely return of an executed search warrant or to submit an inventory of the property taken into the officer's possession under the warrant does not bar the admission of evidence under Article 38.23."This message has been edited. Last edited by: Ben Stool,
May 31, 2017, 09:10
A. Diamond
HB 3237 Last Action: 05/26/2017 E Effective immediately Caption: Relating to the return of executed search warrants and the public availability of search warrant affidavits.