Texas-Book-Gun Law Armed And Educated - Flipbook - Page 46
his investigation or from his CI. He will often include photos, maps,
or other visual evidence with his sworn statement. After the warrant
is drafted, a neutral magistrate judge reviews the sworn statement
and determines whether or not the officer has articulated probable
cause for the arrest or search. See Chapter 2 for the definition of
probable cause. If probable cause has been established, the magistrate
judge signs the warrant, and police may then execute the warrant.
This means the police now have full authority to search and/or seize
property or persons described in the warrant.
EXAMPLE:
Justin is arrested for possession of crack cocaine. Justin tells
police where he bought the crack. Police write an affidavit
describing details given by Justin about the crack house on Maple
Street. The requested search warrant and attached affidavit are
given to a magistrate who signs both, thus authorizing police to
raid the crack house.
Know Your Rights: Part II | 35