Rios v. State

OPINION

HARDBERGER, Justice.

This Fourth Amendment appeal involves a search warrant that incorrectly used the word “vehicle” in the search warrant rather than the correct description of a “house” which was used in the accompanying supporting affidavit. There is no evidence that the insertion of the word “vehicle” was anything more than a clerical oversight in clearing the computer. No “vehicle” was involved in the crime and none was suspected to have been involved. No vehicle was searched, or attempted to be searched.

The legal issue, then, is: can the supporting affidavit, referred to in the…