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Search Warrants

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6077096416

June 02, 2015, 16:16
Don Hoover
Search Warrants
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
June 02, 2015, 16:51
Martin Peterson
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.