Page 27 - TPA Journal July August 2017

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

July / August 2017

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

SEARCH WARRANT AFFIDAVIT – WHEN The question presented to the Attorney General
DOES IT BECOME PUBLIC RECORD? was: whether a search warrant affidavit is
"executed" and thus public information for pur-

A.G. OPINION. poses of this subsection when the affidavit is
signed and sworn to before the magistrate or

Chapter 18 of the Code of Criminal Procedure when a peace officer executes the search war-
establishes the search warrant process. See rant.
TEX. CODE CRIM. PROC. arts. 18.01-.24.

Texas law makes public most search warrant Your office takes the position that the affidavit
affidavits. Article 18.0l(b) provides, in relevant becomes public if and when a peace officer
part: executes the search warrant. You explain,
however, that several district court judges "are
Except as provided by Article 18.011 the affi- concerned that 'execution' in this context
davit is public information if executed,, and the refers to when the affidavit is signed and sworn
magistrate's clerk shall make a copy of the affi- to."
davit available for public inspection in the

clerk's office during normal business hours. As the Texas Supreme Court recognized, the

July - August 2017 www.texaspoliceassociation.com • 866-997-8282 23