I have a case where Midlothian City Muni Jdg (who is atty) signed a SW for Blood in Ellis Co, where DWI had occurred in Ellis Co. SW was executed, however, at the Mansfield LE Ctr in Tarrant Co. At Mtn to Suppress, our judge wants to know whether a valid warrant issued by a magistrate according to 18.01, can be executed in a county other than where the crime occurred and where the warrant was issued. I know that Sanchez (now being decided by Ct Crim App may end up giving us some guidance).
I know the legislature needs to make an exception for the jurisdiction of magistrates for blood warrants. But, until that happens, does anyone have some words of wisdom to help with my motion?
