purpose behind the warrant requirement (Texas) · Go Syfert
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purpose behind the warrant requirement in Texas

15 Texas opinions name it 2 courts 1992–2026 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Green v. Stategreen
texcrimapp · 1990 · cited in 14 Texas opinions naming this issue, 1992–2026
2 sentences

2026Reviewing courts should not apply a “rigid application of the rules concerning warrants” and should instead “review technical 14 discrepancies” in the “issuance and execution of the warrant” “with a judicious eye”; “[t]o do otherwise would defeat the purpose behind the warrant requirement, and provide protection for those to whom the issue on appeal is not one based upon the substantive issue of probable cause but of technical default by the State.” Green v. State, 799 S.W.2d 756, 757-58 (Tex. Crim.

2026Reviewing courts should not apply a “rigid application of the rules concerning warrants” and should instead “review technical discrepancies” in the “issuance and execution of the warrant” “with a judicious eye”; “[t]o do otherwise would defeat the purpose behind the warrant requirement, and provide protection for those to whom the issue on appeal is not one based upon the substantive issue of probable cause but of technical default by the State.” Green v. State, 799 S.W.2d 756, 757-58 (Tex. Crim.

814
Reynolds v. Stategreen
texcrimapp · 1974 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Crayton points out that in Keen, the Court of Criminal Appeals held that when an officer executes a search warrant outside of his jurisdiction, he must be assisted by an officer with jurisdiction at the location the warrant is executed. 10 Keen v. State, 626 S.W.2d 309, 313 (Tex.Crim.App. [Panel Op.] 1981) (citing Reynolds v. State, 506 S.W.2d 864, 865 (Tex Crim.App.1974); Gilbert v. State, 493 S.W.2d 783, 784 (Tex.Crim.App.1973)), abrogated on other grounds by Wilson v. State, 977 S.W.2d 379 (Tex.Crim.App.1998).

11
Keen v. Stategreen
texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Crayton points out that in Keen, the Court of Criminal Appeals held that when an officer executes a search warrant outside of his jurisdiction, he must be assisted by an officer with jurisdiction at the location the warrant is executed. 10 Keen v. State, 626 S.W.2d 309, 313 (Tex.Crim.App. [Panel Op.] 1981) (citing Reynolds v. State, 506 S.W.2d 864, 865 (Tex Crim.App.1974); Gilbert v. State, 493 S.W.2d 783, 784 (Tex.Crim.App.1973)), abrogated on other grounds by Wilson v. State, 977 S.W.2d 379 (Tex.Crim.App.1998).

11
Gilbert v. Stategreen
texcrimapp · 1973 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Crayton points out that in Keen, the Court of Criminal Appeals held that when an officer executes a search warrant outside of his jurisdiction, he must be assisted by an officer with jurisdiction at the location the warrant is executed. 10 Keen v. State, 626 S.W.2d 309, 313 (Tex.Crim.App. [Panel Op.] 1981) (citing Reynolds v. State, 506 S.W.2d 864, 865 (Tex Crim.App.1974); Gilbert v. State, 493 S.W.2d 783, 784 (Tex.Crim.App.1973)), abrogated on other grounds by Wilson v. State, 977 S.W.2d 379 (Tex.Crim.App.1998).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Wilson v. State green
texcrimapp · 1998
1 sentence

2016Crayton points out that in Keen, the Court of Criminal Appeals held that when an officer executes a search warrant outside of his jurisdiction, he must be assisted by an officer with jurisdiction at the location the warrant is executed. 10 Keen v. State, 626 S.W.2d 309, 313 (Tex.Crim.App. [Panel Op.] 1981) (citing Reynolds v. State, 506 S.W.2d 864, 865 (Tex Crim.App.1974); Gilbert v. State, 493 S.W.2d 783, 784 (Tex.Crim.App.1973)), abrogated on other grounds by Wilson v. State, 977 S.W.2d 379 (Tex.Crim.App.1998).

12016–2016

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.04 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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