You have the right to deny a police search until an officer presents you with a search warrant. To obtain a warrant, the officer files an affidavit with a judge, who will approve a warrant if he or she agrees that there is probable cause to conduct a search. Police often use warrants to search residences or vehicles, but a warrant is also required to obtain a blood sample if police suspect you of driving while intoxicated. Police are essentially asking to search your body for evidence of intoxication, which prosecutors can use in a trial. Officers in the field often send their affidavits electronically to a judge in order to expedite the process. In two recent cases, DWI defendants successfully argued that the evidence obtained from their search warrants was inadmissible because the officer who signed the affidavit had not been put under oath.
Purpose of the Oath
The fourth amendment to the U.S. Constitution states that a court shall not issue a warrant without “probable cause, supported by Oath or affirmation.” When creating an affidavit, the police officer must swear under oath that the information in the affidavit is truthful, to the best of his or her knowledge. If the officer appeared before a judge to request a warrant, he or she would be sworn in before giving testimony. Two police officers are needed when sending an affidavit electronically:
- One officer to write and sign the affidavit; and
- A second officer to place the first officer under oath and sign the affidavit to confirm the oath was administered.
In the two recent cases, both involving the Texas Tech University Police Department, body camera footage showed that the second officer did not verbally administer the oath to the officer creating the affidavit for the blood search warrant. The prosecution argued that the oversight was a technicality that did not discredit the validity of the warrants. However, the court granted the defense’s request to suppress the evidence in both cases. Even if the officers intended to tell the truth, putting them under oath is an important step in protecting defendants against false statements of probable cause....