I have my first suppression hearing on this topic this week. I found all the case law on a totality of the circumstances analysis to determine PC by the magistrate...common sense...But, I want to make sure I'm not missing something good. Is there specific stuff as to the form of the Affidavit outside the CCP? The challenge goes to incomplete sentences, general statements, no specifics on SFST's (which actually the affidavit references the judge to the attached SFST form)... Thanks!

There's nothing in the statutes about any specific form that the affidavit must take. It just has to include enough for the magistrate to determine there's PC. As long as the incomplete sentences, etc don't affect the legibility of the affidavit, it should be fine.

As far as general statements, you DO have to include enough specific facts to show PC. You can't just say "I believed he was DWI," there has to be something more specific to back it up. But there's no requirement that the magistrate hear every detail of the SFSTs either. It just has to be enough, in a common-sense reading, to establish PC.

Thanks for your response. Would you agree that the attached SFST sheet, when referenced within the actual affidavit, is within the four corners of the affidavit? In otherwords, the officer swore the SFST sheet was attached and incorporated it into his affidavit...right?

When I was doing ALR cases, we had officers from agencies who used a PC checklist for DWI cases routinely incorporate the signed check lists into the DIC-23 Sworn Report. SOAH and the appellate courts routinely accepted the PC checklists as part of the sworn report. If the officer affirmatively incorporated the checklist into his PC affidavit, I can't see a problem. But then, I am not a prosecutor, just an assistant GC for a state agency.

Janette A