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term "'execute' has several definitions." to be filed in every instance when a search
MidContinentCas. Co. v. Global Enercom warrant is requested); see also Smith v. State,
Mgmt., Inc., 323 S.W.3d 151, 157 (Tex. 2010). 207 S.W.3d 787, 793-94 (Tex. Crim. App.
Common understandings of the term "execute" 2006) (concluding that the act of swearing is
include "[t]o perform or complete (a contract the essential element in creating an affidavit,
or duty)," "[t]o change (as a legal interest) from and finding an unsigned affidavit valid where
one form to another," and "[t]o make (a legal the affiant personally swore to the statements
document) valid by signing; to bring (a legal in the affidavit).
document) into its final, legally enforceable
form." BLACK'S LAW DICTIONARY 689 (10th 2 0n two separate occasions, one Texas court
ed. 2014). Determining the meaning of the analyzing article 18.0l(b) described the statute
term "execute" in a specific statute will depend to mean: "Affidavits accompanying search
on its context. Generally, executing a search warrants, if executed, are public information."
warrant contemplates carrying out the search Houston Chronicle Pub/ 'g Co. v. Woods, 949
according to the terms of the warrant. See TEX. S.W.2d 492, 499 (Tex. App.-Beaumont 1997,
CODE CRIM. PROC. art 18.06( a) (describing orig. proceeding); see also Houston Chronicle
the process for execution of warrants). Unlike a Publ'g Co. v. Edwards, 956 S.W.2d 813, 816-
search warrant, which involves the perfor- 17 (Tex. App.-Beaumont 1997, orig. proceed-
mance of a specific duty, an affidavit is simply ing). The court's description of the law could
a "declaration of facts written down and sworn be read to imply that an affidavit accompany-
to by a declarant." BLACK'S LAW DICTIO- ing an unexecuted search warrant is not public
NARY 68 (10th ed. 2014). Executing an affi- information. However, in each of those cases,
davit can therefore only mean bringing the affi- the search warrant at issue had already been
davit into its final, legally enforceable form, executed, so your specific question was not
such as by swearing to the statements therein before the court. Woods, 949 S.W.2d at493;
and, to the extent required, filing it with the Edwards, 956 S.W.2d at 814. We cannot
appropriate court or clerk. See Liverman v. assume that the court would reach the same
State, 470 S.W.3d 831, 838 (Tex. Crim. App. decision when faced with different facts
2015) (concluding that a mechanic's lien affi- involving a search warrant affidavit accompa-
davit is executed when filed with the county nying an unexecuted search warrant.
clerk). Given courts' adherence to the text cho-
sen by the Legislature, a court would likely You raise the concern that making a search
conclude that a search warrant affidavit warrant affidavit public before a peace officer
becomes executed, and thus public informa- executes the search warrant "would allow
tion under article 18.01(b), when sworn to and criminals to receive forewarning that a search
filed with the court.2 See TEX. CODE CRIM. warrant had been issued and was imminent."
PROC. art. 18.01(b) (requiring a sworn affidavit Request Letter at 2. However, the Legislature,
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