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Warrant signed by Magistrate who was not really a Magistrate

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September 14, 2004, 14:48
Shawn McDonald
Warrant signed by Magistrate who was not really a Magistrate
We have countless search and arrest warrants signed by a Magistrate who apparently never had the authority to sign said warrants. Our county officials sent the Department of Justice a Justice of the Peace Map indicating we had 5 precincts when in fact we had 6 precincts. So the Department of Justice recognizes only only 5 districts in our county and have since January of 2002. This occured in Oct. of 2001. So a JP without a sanctioned district has been signing warrants. More information can be found at www.athensreview.com in Sundays 9/12/2004 edition. Any thoughts or suggestions. Maybe a good faith exception?
September 14, 2004, 15:46
A. Diamond
You might be or have been ok for awhile, depending on when the JP is/was/will be up for election. But, it won't save you for very long. See the Texas constitution, and look at the election dates for your JP's.