Can an officer swear an oath over the telephone to obtain a search warrant, or does Texas law require a face-to-face meeting with a magistrate?
The Texas Court of Criminal Appeals tackled this question in its Jan. 9 opinion in Sara Katherine Clay v. The State of Texas,a case of first impression. The CCA ruled that the telephone warrant was permissible but that courts must decide the issue on a case-by-case basis until the Legislature amends the statute specifically to permit telephone warrants.
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