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On preparing an evidentiary search warrant-

An offense occurred in one county ("County A"); yet the suspect resides in another ("County B").

The local agency where the offense occurred is totally within "County A", the county where the offense occurred.

Does the District Judge in "County A" have authority to sign evidentiary search warrants in "County B"?
 
Posts: 1 | Registered: June 30, 2006Reply With QuoteReport This Post
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The judge issuing the search warrant should be a judge in the county where the search is going to take place. Make sure that (1) both the search warrant and the affidavit have "The State of Texas" and "County of [wherever the search will be done]", (2) that the warrant issues "To the Sheriff or anyt Peace Officer of [the county where the search is going to be done] and (3) if it is an evidentiary search warrant make sure the right judge signs it.
 
Posts: 32 | Location: Houston, Texas | Registered: February 09, 2001Reply With QuoteReport This Post
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(Pssst! Ted! This is where you put in a plug for the Warrants Manual, which you co-authored with Tom Bridges! Available here, for the low, low price of $40: http://www.tdcaa.com/publications/index.asp
... or at least that's how John Bradley does it ...)

Big Grin
 
Posts: 2429 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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I've seen that Warrants Manual. A mighty fine piece of work. And, now that the SC seems to be taking a proper approach to the exclusionary rule, there may be some excellent updates in the works.

And don't miss that other prosecutor's companion, the Warrantless Manual. Together, they will get you into anything.

John Bradley
District Attorney
Williamson County, Texas
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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