Is there a limit on how long the remaining search warrant affidavits can be kept sealed?
I'm not aware that there are remaining SW affidavits out there. The FB ones were the last ones, and we didn't know about their sealed existence until after they were released. Why do you think there are more?
But to answer the general question, they are initially sealed for 30 days, and then you can get a 30-day extension. It's probably always 30-day increments.
The probable cause affidavit from the Facebook warrants was not included in their release.
Wow. Right you are. I had looked at those documents a number of times and had not caught that "Exhibit A" - the Probable Cause Affidavit - was not released with the rest of the docs.
And by the way, here are the specifics from the Texas Code of Criminal Procedure dealing with the sealing of search warrant affidavits. Basically, you can seal it for 30 days, and then you can get one 30-day extension. That's it. And then it has to be unsealed, which is what happened with the Facebook SW affidavits.
[FONT=&]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:[/FONT]
[FONT=&](1) public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or[/FONT]
[FONT=&](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.[/FONT]
[FONT=&](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.[/FONT]
[FONT=&](c) On the expiration of an order issued under Subsection (b) and any extension, the affidavit must be unsealed.[/FONT]
[FONT=&](d) An order issued under this section may not:[/FONT]
[FONT=&](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[/FONT]
[FONT=&](2) affect the right of a defendant to discover the contents of an affidavit.[/FONT]
[FONT=&]Added by Acts 2007, 80th Leg., R.S., Ch. 355 (S.B.
244), Sec. 2, eff. September 1, 2007.[/FONT]