Law & Legal & Attorney Criminal Law & procedure

Texas Probable Cause Affidavit Requirements

    Affidavit

    • In Texas, a policeman needs to present an affidavit to the judge, outlining his probable cause to conduct a search. A police officer has probable cause to conduct a search when facts and circumstances exist that would lead him to believe a person has committed a crime, is committing a crime or is about to commit a crime. The police officer should then clearly identify himself and briefly describe his education to the Texas judge. He must also describe any expertise or special training which pertains to his belief that a given crime has been committed and that given items are connected to that crime.

    Probable Cause

    • The Texas police officer should disclose all relevant information and do so in a complete and logical manner. The officer should include the facts that give her probable cause to believe a specific crime has been committed, is being committed or will be committed. In the affidavit, the police officer should describe facts and information that give her probable cause to believe a particular person or particular items are connected to the crime. The police officer should detail the information that gave her probable cause to believe that the person or those items could be found at a particular place; or those items could be found on a particular person.

    Search

    • In Texas, the police officer should disclose how and when the facts and information came to his attention. If he used an informant, he should let the judge know he thinks the informant is reliable and why he thinks the informant is reliable. On the affidavit, the officer should describe the following with particularity: the place to be searched, describing the Texas location, address, type of building, construction and color; the person to be searched, describing height, weight, race, hair colors, scars and any possible tattoos; and the item for which the search will be conducted.

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