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through article 18.01 l(a), created a mecha- 18.0l(b) to provide that the affidavit becomes
nism to prevent many of those subject to a public
search warrant from being forewarned of an
impending search by a public affidavit. Article information when the search warrant for which
18.011 allows for the sealing of an affidavit the affidavit was presented is executed. See
before a peace officer executes the search war- Tex. H.B. 3237, 85th Leg., R.S. (2017).
rant in certain circumstances: "An attorney rep-
resenting the state in the prosecution of SUMMARY
felonies may request a district judge or the
judge of an appellate court to seal an affidavit A court construing the plain language of article
presented under Article 18.0l(b)." TEX. CODE ,18.0l(b) of the Code of Criminal Procedure
CRIM. PROC. art. 18.01 l(a). For a judge to seal would likely conclude that a search warrant
a search warrant affidavit, the attorney must affidavit becomes public information when
establish: sworn to and filed with the court.
( 1) public disclosure of the affidavit would Opinion No. KP-0145, Texas Attorney
jeopardize the safety of a victim, witness, or General’s Office, April 24th, 2017.
confidential informant or cause the destruction
of evidence; or HHHHHHHHHHHH
(2) the affidavit contains information obtained SEARCH AND SEIZURE – CYBERCRIME
from a court-ordered wiretap that has not INVESTIGATION – SEARCH WARRANT
expired at the time the attorney representing
the state requests the sealing of the affidavit.
Jarman conditionally pleaded guilty to the
receipt and attempted receipt of child pornog-
We recognize legitimate policy reasons exist raphy.
for making all search warrant affidavits public
only after a peace officer executes the underly-
He challenges the district court’s denial of both
ing search warrant. However, we cannot disre-
his motion to suppress evidence obtained in
gard plain statutory language based on our
the search of his home and his motion for
notions of what may constitute good policy.
reconsideration. He contends that the district
court erred because: (1) it should not have
If the Legislature did not intend for search war- applied the good faith exception to the exclu-
rant affidavits to become public until a peace sionary rule; (2) the search-warrant affidavit for
officer executes the warrant, it may revise the his home does not establish probable cause;
statute to that effect. A bill currently pending and (3) the Government’s delay in searching
before the Legislature would amend .article the computers seized from his home violated
July - August 2017 www.texaspoliceassociation.com • 866-997-8282 25
