Sunday, February 3, 2013
Gerald S. Reamey (St. Mary's University School of Law) has posted The Promise of Things to Come: Anticipatory Warrants in Texas on SSRN. Here is the abstract:
While the U.S. Supreme Court has settled the question of the constitutionality of anticipatory search warrants, Texas has no statutory provision regulating the issuance of such warrants. Similarly, state appellate courts have contributed almost nothing to the question of whether such warrants are acceptable under Texas procedural law or, if they are, under what circumstances. As the use of such warrants grows in the state, these issues require attention. This article begins that discussion, reviewing existing law and proposing interpretations of current statutes as well as proposing others.