Quote Originally Posted by PatTheRat View Post
Happens all the time. Media was given access to the search warrants in this very case and then they were sealed for 2 months. Media also has folks inside the PDs who will give access to things that they later realize they should not have provided.
"The warrants — issued in late April and sealed since then — seek information including messages, photos, IP addresses and account access information for the couple's accounts."
Not egregious at all.
http://www.dallasnews.com/news/crim...death-slowed-police-say-new-warrants-released
Respectfully, I think you are misunderstanding. Per Texas statutes under certain conditions an affidavit can be sealed for 30 days, and one 30 day extension. Then has to be filed with Clerk of Court for public viewing. That is what was done here.
Filed April 20, 2016
Request for sealing April 21, 2016
signed by judge to seal for 30 days, April 22,2016.
https://www.scribd.com/mobile/document/317249202/Missy-Bevers-FB-Search-Warrant
For reference actual documents
May 19 request for second 30 day sealing...on same April Facebook SW's from April . after that 30 days to, by law had to be filed for public rec. And was reported on July 1 iirc. SW in the media thread, link on first page of EA thread. ***July 1 is date of article you referenced . JMHO....Read and rely on actual Search Warrants not media interpretation***
Media can not see anything sealed.Nor public until time up, whole purpose of being sealed.
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 18. SEARCH WARRANTS
Art. 18.01. SEARCH WARRANT. (a) A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
(b) No search warrant shall issue for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance. A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested. Except as provided by Article 18.011, the affidavit is public information if executed, and the magistrate's clerk shall make a copy of the affidavit available for public inspection in the clerk's office during normal business hours.
I Art. 18.011. SEALING OF AFFIDAVIT. (a) An attorney representing the state in the prosecution of felonies may request a district judge or the judge of an appellate court to seal an affidavit presented under Article 18.01(b). The judge may order the affidavit sealed if the attorney establishes a compelling state interest in that:
(1) public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or
(2) the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.
(b) An order sealing an affidavit under this section expires on the 31st day after the date on which the search warrant for which the affidavit was presented is executed. After an original order sealing an affidavit is issued under this article, an attorney representing the state in the prosecution of felonies may request, and a judge may grant, before the 31st day after the date on which the search warrant for which the affidavit was presented is executed, on a new finding of compelling state interest, one 30-day extension of the original order.
(c) On the expiration of an order issued under Subsection (b) and any extension, the affidavit must be unsealed.
(d) An order issued under this section may not:
(1) prohibit the disclosure of information relating to the contents of a search warrant, the return of a search warrant, or the inventory of property taken pursuant to a search warrant; or
(2) affect the right of a defendant to discover the contents of an affidavit.
Added by Acts 2007, 80th Leg., R.S., Ch. 355 (S.B. 244), Sec. 2, eff. September 1, 2007.
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.18.htm