Legal Question in Criminal Law in Texas

Can defendents be givin access to the affidavits supporting a search warrant in a marijuana poss. case


Asked on 12/04/11, 10:33 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

All search warrants must have a supporting affidavit. The warrant is void without the supporting affidavit.. Assuming the DA will not produce the affidavit after a valid request, your attorney should be able to file a motion to suppress the evidence obtained with the warrant.

However, it the evidence against you meets an exception to the search warrant requirement, such as consent, you may be out of luck.

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Answered on 12/04/11, 2:27 pm


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