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.
AG_OP_KP-0145.pdf (214 Kb, 12 downloads) Attorney General Opinion
See HB 3237 at http://www.legis.state.tx.us/b...Sess=85R&Bill=HB3237
That would fix the problem if the bill gets through. Thank you.
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,
HB03237E.pdf (41 Kb, 10 downloads) engrossed bill sent to senate
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.
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