Legal Opinion
Smith v. State
Court of Criminal Appeals of Texas
Decided November 22, 2006No. PD-1814-05PublishedCited by 48 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, HERVEY and HOLCOMB, JJ„ joined.
In this case of first impression, we address whether a search warrant is defective if the affiant swore before the magistrate that the facts within the affidavit were true, but he failed to sign the affidavit. 1
Police officers obtained a search warrant as a part of their investigation of appellant for identity theft and fraud. Although the affiant swore before the magistrate to the truth of the facts within the affidavit, he forgot to sign it. Not noticing that omission, the magistrate signed the search…
3Cases cited27 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Trupiano v. United StatesSupreme Court of the United States · 1948
- State v. KeithTennessee Supreme Court · 1998
- Swearingen v. StateCourt of Criminal Appeals of Texas · 2004
22 more not listed; retrieve them via the Exa API.
4Cited by48 opinions
- Clay, Sara KathrineCourt of Criminal Appeals of Texas · 2013
- Hughes v. State, Texas Court of Appeals, 7th District (Amarillo)2011
- State of Iowa v. Maurice D. Angel and Kemia B. McDowellSupreme Court of Iowa · 2017
- Chase Erick Wheeler v. State, Texas Court of Appeals, 2nd District (Fort Worth)2019
- Sara Katherine Clay v. State, Texas Court of Appeals, 10th District (Waco)2012
43 more not listed; retrieve them via the Exa API.