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Sample Arrest Texas Warrant Affidavit AFFIDAVIT FOR SEARCH WARRANT THE STATE OF

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Sample Arrest Texas Warrant Affidavit document sample

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									                            AFFIDAVIT FOR SEARCH WARRANT

THE STATE OF TEXAS                          {

COUNTY OF McLennan                          {

  The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly
sworn, on oath makes the following statements and accusations:

       My name is                                    , and I am commissioned as a peace officer by the
Riesel Police Department .
            (agency name)

       1.      There is in McLennan County, Texas, a suspected person described and located as
               follows:

               An individual named                                                       , who is described as
               a             ,                  , born on             , approximately               ,       lbs
                   (race)        (gender)                            (d.o.b.)                      (height)

                                                                                                       (wt)
               in weight, with                  hair and                                                  , and
                                  (color)                    (any further description)
               shall hereafter be called “suspected party.” Suspected party is presently in
               custody at the McLennan County Jail located at 3201 E. Highway 6 Waco, Texas.

       2.      Said suspected party is presently in the control and custody of Affiant, who will
               present suspected party for purposes of execution of the warrant requested hereby.

       3.      It is the belief of Affiant that said suspected party has possession of and is
               concealing the following property: human blood.

               Said property constitutes evidence that the offense described in paragraph 4
               below was committed and that said suspected party committed the offense
               described.

       4.      It is the belief of Affiant, and he / she hereby charges and accuses that on or
                                                     (choose one)
               about the        day of          , 20 ,                          did then and there
               operate a motor vehicle in a public place while intoxicated by not having the
               normal use of mental or physical faculties by reason of the introduction of
               alcohol, controlled substance, drug, or a dangerous drug into the body.
5.   On the         day of            , 20    , I made a traffic stop on a
                               (describe vehicle)
     which was being driven by                                                                 ,
     the same person identified in paragraph 1 above, for


       ___________________________________________________________ .
                                       (describe reason for the stop)
     While talking to the suspected party, I detected


                                                                                          .
     (describe observations/odors, such as, the odor of an alcoholic beverage, the description of
     his appearance, balance, and the speech.)

     I then asked the suspected party to submit to certain field sobriety tests, and
         he/she refused/agreed .                                         conducted the
     (choose one) (choose one)         ( I /or name of person who conducted test)
     horizontal gaze nystagmus test, and I / he / she observed
                                                    (choose one)


                                                                                                    ,
                               (describe observations and clues seen)
                                        then demonstrated and asked the suspected party to
     ( I /or name of person who conducted test)
     perform the walk and turn test, and                                                observed
                                     ( I /or name of person who conducted test)

                                                                                                        .
                                    (describe observations)

                                       demonstrated the one leg stand test.
     ( I /or name of person who conducted test)


                                 observed the following:

     ( I /or name of person who conducted test)

                                                                                                    .
                                                  (describe observations)
       After observing the suspected party during this traffic stop and his/her performance on
                                                                       (choose one)
the field sobriety tests, I determined that he/she was intoxicated, and I placed      him/her under
                                         (choose one)                              (choose one)
arrest for Driving While Intoxicated. I then transported the suspected party to the McLennan

County Jail where I requested a sample of     his/her breath which suspected party refused to
                                          (choose one)
provide.

       Wherefore, Affiant asks for a search warrant that will authorize Affiant or his/her agent
                                                                                   (choose one)
to search the person of the suspected party for the property described above and seize the same
as evidence that the offense described was committed and that suspected party committed said
offense.


        Further, Affiant asks for issuance of an order to appropriate third parties directing them
to assist Affiant in the execution of said warrant.


                                                         Affiant

       Subscribed and sworn to before me by the said Affiant on this           day of                 ,
 20     .


                                                         Magistrate,
                                                         McLennan County, Texas
THE STATE OF TEXAS                           {       Docket No.
                                                     Court:
COUNTY OF McLennan                                   {

                                     SEARCH WARRANT

       THE STATE OF TEXAS to any Sheriff or any Peace Officer of McLennan County,
Texas, or any Peace Officer of the State of Texas:

WHEREAS, the Affiant, whose name appears on the Affidavit attached hereto is a peace officer
under the laws of Texas and did heretofore this day subscribe and swore to said affidavit before
me, (which said Affidavit is here now made a part hereof for all purposes and incorporated
herein as if written verbatim within the confines of this warrant) and whereas I find that the
verified facts stated by Affiant in said Affidavit show that Affiant has probable cause for the
belief he/she expresses herein and establishes the existence of proper grounds for the issuance of
this Warrant:

NOW, THEREFORE, you are commanded to enter the McLennan County Jail located at 3201 E.
Highway 6 . in the city of Waco, Texas. At said place you shall search for and seize and bring
before me the property described in said Affidavit, to-wit: human blood from the body of an
individual named                             , who is described as a       ,         , born on
                                                                     (race)   (gender)
               , 19     , approximately        ft     inches in height,      lbs. in weight, with
          hair. Herein fail not, but have you then and there this warrant within three days,
exclusive of the day of its issuance, with your return thereon, showing how you have executed
the same.

ISSUED on this the ____ day of                , 20   , at ____________ o'clock ____.M., to
certify which witness my hand this day.

                                             _________________________________
                                             Magistrate,
                                             McLennan County, Texas
                                RETURN AND INVENTORY
THE STATE OF TEXAS                 {

COUNTY OF McLennan                   {

   The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly
sworn, on oath certifies that the foregoing Warrant came to hand on the day it was issued and
that it was executed on the ____ day of                , 20 , by making the search directed
therein and seizing during such search the following described property:

                                                .
                                             _________________________________
                                             Affiant

SUBSCRIBED AND SWORN to before me, the undersigned authority, on this ____ day of
     , 20  .
                                  _________________________________
                                 Magistrate,
                                 McLennan County, Texas

On this day the above named Peace Officer delivered into this Court the Return and Inventory
set out above. It is Ordered that the property seized by authority of the foregoing Warrant and
described therein shall be and remain under the care, custody, and control of said Peace Officer,
and may be removed and taken to any location within the State of Texas , as deemed necessary
by such Officer, for the purposes of safekeeping and completion of any investigation or
proceedings related to the activities described in the Affidavit upon which the foregoing Warrant
was issued

ORDERED AND SIGNED on this               day of            , 20__.



                                             Magistrate,
                                             McLennan County, Texas
THE STATE OF TEXAS                     {              Docket No.
                                                      Court:
COUNTY OF Mclennan                     {


          ORDER FOR ASSISTANCE IN EXECUTION OF SEARCH WARRANT

       The State of Texas: To any physician, nurse, medical technician, or phlebotomist,
licensed by the State of Texas, or other individual qualified in the intravenous removal of human
blood:

        Whereas, the affiant whose name appears on the affidavit attached hereto is a peace
officer under the laws of Texas and did heretofore this day subscribe and swear to said affidavit
before me (which said affidavit is here now made a part hereof for all purposes and incorporated
herein as if written verbatim within the confines of this Order), and whereas I find that the
verified facts stated by affiant in said Affidavit show that affiant has probable cause for the belief
he/she expresses herein and establishes existence of proper grounds for issuance of a search
warrant;

       And whereas, this court has issued a warrant to search for and seize blood from the
suspect named and described in the Affidavit, to-wit: an individual named
    , who is described as a       ,         , born on                , 19    . approximately
                            (race)   (gender)
     ft     inches in height,          lbs. in weight, with            hair.

       Therefore you are hereby ordered and commanded to cooperate with any peace officer
requesting your professional aid and assistance in the execution of this warrant.

        Herein fail not, as this order is directed to any individual whose aid and assistance is
requested by the officer bearing the accompanying search warrant, is authorized by the full
authority of this Court to issue warrants and orders to enforce the laws of the State of Texas, and
Article 18.08 of the Texas Code of Criminal Procedure. Any individual who fails to comply
with this Order when requested shall be liable as for contempt of this Court and subject to all
penalties authorized by law.

      Ordered this the       day of                   , 20    at       o'clock     .M. to certify
which witness my hand this day.



                                                ____________________________________

                                                Magistrate,
                                                McLennan County, Texas
                  AFFIDAVIT OF PERSON WHO WITHDREW BLOOD

STATE OF TEXAS                              }

COUNT OF McLennan                           }

Before me, the undersigned authority, personally appeared                                       ,
who being duly sworn, deposed as follows:

"My name is                               , I am over the age of 18 years and capable of making
this affidavit, I am employed by                                       as a
                      . On the     day of            , 20 . I withdrew a blood specimen from
                                                                        .


The blood specimen was taken using reliable procedures as recognized by the scientific
community in the State of Texas and in a sanitary place as required by Tex. Transportation Code
Annotated 724.017.



                                            Affiant's signature



                                            Printed Name

SWORN TO AND SUBSCRIBED before me on the                    day of                   , 20   .


                                            Notary Public, State of Texas


                                            Printed Name

								
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