TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Search Warrants
Go
New
Find
Notify
Tools
Reply
  
Search Warrants Login/Join 
Member
posted
Any tips on obtaining a warrant for Defendant to submit to photographs to confirm identification marks on his person?

Just learned, post-indictment, from victim, Defendant has a scar on his backside.


D. Hoover
 
Posts: 5 | Location: Bonham, Texas | Registered: June 02, 2015Reply With QuoteReport This Post
Member
posted Hide Post
Photographing of a scar seems very similar to rolling a fingerprint to me, so I am not sure any right to privacy is involved. In any event, there is no question that matching such a characteristic to the memory of an eyewitness is relevant. Love, 730 S.W.2d at 395-96. This type of warrant has been approved. "[W]e do not believe a constitutional right is violated when a trial court compels a defendant to submit to the photographing of his tattoos." Butcher v. State, 11-11-00288-CR (Tex. App.- Eastland 10/31/13). Maybe Travis County could provide more guidance based on the warrant used in Butcher.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Search Warrants

© TDCAA, 2001. All Rights Reserved.