March 30, 2017, 08:49
Arron SwinkDWI - Getting Blood Search Warrant Into Evidence
In a DWI case, the officer got a search warrant for a specimen of D's blood and a draw was done. The current Predicates manual seems to state that the probable cause affidavit and warrant can be admitted as one exhibit. Am I thinking of this correctly? What, if anything else, would I need? Thanks!
March 30, 2017, 09:00
Jon EnglishI don't think the PC affidavit can be admitted, can it? It's just like a police report in that it's all hearsay statements created for a law enforcement purpose.
March 30, 2017, 10:44
Arron SwinkYou may be right. As I read the current edition of the predicates manual, however, it looks like the proper offer is both the PC affidavit and SW together. (TDCAA Predicates, 2017-19, p. 8)