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concluded otherwise. While a rational jury could magistrate. Using a cursive signature, the
have reasonably inferred that Stahmann intended magistrate signed the blank signature line of a
to conceal the pill bottle when he threw it over the form search warrant authorizing the search
wire fence, the evidence shows that he failed to and seizure of Appellee’s blood. Below the
conceal it as he intended because the bottle landed
signature line appeared the words,
short of the bush in plain view on top of some
“Magistrate, Victoria County, Texas.” Aside
grass.
from the cursive signature, the magistrate’s
name was not typed or handwritten anywhere
The evidence is insufficient to prove that
on the warrant. [emphasis by ed. Could the
Stahmann concealed the pill bottle when
he threw it over the fence. entire issue and this appeal have been avoided
had this been done? Probably!] Upon
Because we did not grant review of the court of execution of the search warrant, Appellee was
appeals’s holding reforming Stahmann’s charged with DWI.
conviction, we do not address that holding and
affirm the judgment of the court of appeals. In the trial court, Appellee filed a motion to
suppress all evidence stemming from the
Stahmann v. State, Court of Crim. Appeals no. blood draw. At the pretrial suppression
PD-0556-18, April 22, 2020. hearing, Appellee argued that the search
warrant to obtain the blood specimen was
*************************************** facially invalid because the magistrate’s
signature was illegible in violation of the
WARRANT – LEGIBILITY OF
requirements of Code of Criminal Procedure
MAGISTRATE SIGNATURE.
Article 18.04(5). See TEX. CODE CRIM. PROC.
art. 18.04(5) (providing that a search warrant
Code of Criminal Procedure Article 18.04(5) “shall be sufficient” if it contains, among
requires, in part, that a search warrant contain other “requisites,” “the magistrate’s name [ ]
a legible magistrate’s signature. So what effect in clearly legible handwriting or in
does an illegible magistrate’s signature have typewritten form with the magistrate’s
upon the applicability of the statutory good- signature”). Therefore, he contended, the
faith exception? See TEX. CODE CRIM. PROC. evidence was subject to suppression under
art. 38.23(b) (setting forth statutory good-faith Code of Criminal Procedure Article 38.23(a).
exception). The short answer is none.
Therefore, we vacate the judgment of the court The State rested without offering any
of appeals and remand this case to that court evidence. Instead, the State relied on the
for further proceedings. argument that because Officer Garcia acted in
good-faith reliance on a warrant issued by a
After Appellee Cesar Ramiro Arellano was neutral magistrate based on probable cause,
arrested for driving while intoxicated, the the blood evidence should be exempted from
arresting officer, Phillip Garcia, prepared a suppression under Code of Criminal
probable cause affidavit to support a search Procedure Article 38.23(b). The State
warrant for a blood draw. Officer Garcia contended that an illegible magistrate’s
submitted his sworn affidavit to the on-duty signature, much like a typographical error or
July/August 2020 www.texaspoliceassociation.com • (512) 458-3140 25
