NCJ Number
137734
Journal
American Journal of Criminal Law Volume: 19 Issue: 2 Dated: (Winter 1992) Pages: 159-217
Date Published
1992
Length
59 pages
Annotation
This article assesses the clarity and adequacy of search-warrant entry requirements under Texas law and Texas courts' interpretation of the application of the exclusionary rule to violations of that law.
Abstract
After an examination of legal requirements applicable to police entries under general American law, the author traces the development of the Texas statutory provisions that bear upon the propriety of officers' entry to execute search warrants. The Texas case of Ellerbee v. State (1982) is then used to illustrate the problems posed by any careful effort to apply the existing Texas statutes to such fact situations in the execution of a search warrant. Because legislative attention to the problems identified in this area is clearly indicated, the author identifies those issues that new legislation should address. The author advises that the legislation should consider whether there are fourth amendment requirements that must be accommodated, whether there are any more stringent State constitutional demands that must be taken into account, what provisions are required by sound criminal justice administration policy, and to what extent noncompliance with the requirements should result in exclusion of evidence obtained in the resulting search. 240 footnotes