The State of Texas v. Manuel Rios

Summary

The Seventh Court of Appeals of Texas held that the good-faith exception under Texas Code of Criminal Procedure article 38.23(b) may apply when a cellular-phone search-warrant affidavit is sworn before an official authorized to administer oaths, but not before the judge specifically required by article 18.0215(c). The court distinguished a completely unsworn affidavit and concluded that the warrant was supported by probable cause and relied upon objectively in good faith. It reversed the trial court’s suppression order and remanded for further proceedings.

Holdings

1. An affidavit that was actually sworn before an official generally authorized to administer oaths is not equivalent to a completely unsworn affidavit merely because article 18.0215(c) required the oath to be administered before the judge. The defect is procedural rather than foundational and does not categorically preclude application of article 38.23(b).
2. The statutory good-faith exception applies because the search involved a warrant issued by a neutral magistrate, based on probable cause, and officers objectively relied on that warrant in good faith.

Questions Presented

1. Whether Texas Code of Criminal Procedure article 38.23(b)'s statutory good-faith exception applies when a cell-phone search-warrant affidavit was sworn before an official authorized to administer oaths but not before the judge required by article 18.0215(c).

Disposition

reversed_and_remanded