I have a narcotics search warrant affidavit which incorrectly states that the police spoke with a confidential informant on June 18, 2009 who told them that he had seen the defendant in possession of cocaine within the past 72 hours. The affidavit also states that the police checked the utilities on June 18, 2009 and it came back to the defendant. The June 18, 2009 date is incorrect and should have read September 9, 2009 -- the day before the warrant was signed by the magistrate. The missed date was a result of a copy and paste job which missed the date.

I am desperately trying to save the narcotics found under the warrant, but I'm running into the four corners rule and trying to get in parole evidence in order to explain the date discrepancy. I am aware of the recent unpublished Shornick case out of Ft. Worth, but is there any other cases out there that help us save this affidavit? Does anyone have any ideas how to save the search warrant? Help!

If you can show something in the affidavit that is inconsistent with the typo you should be ok to go outside the 4 corners. I'm not sure whether you can survive without an inconsistency.

Lane v. State, 971 S.W.2d 748, 753-54 (Tex.App. – Dallas 1998, pet. ref’d)
Champion v. State, 919 S.W.2d 816, 818-19 (Tex.App. -- Houston [14 Dist.] 1996, pet. ref’d)
Meeks v. State, 851 S.W.2d 373, 377-78 (Tex.App. -- Houston [1st Dist.] 1993, pet. ref’d).
Ruiz v. State, No. 11-99-00042-CR, 2000 WL 34234868, at *1-2 (Tex.App. -- Eastland July 27, 2000, no pet.)