weplumcrazy
Member
What is the name of your state? TEXAS
A judge signs a search warrant in which the AFFIANT has included a request for the arrest of 3 individuals threafter named in the warrant for three misdemeanor offenses.
1. At the time the warrant is executed, can the arresting officers change the charge from misdemeanor to felony? In this case the officers charged and booked the individuals for 1 felony (Organized Criminal Activity) and only one of the misdemeanors even though no felony charge was stated in the search warrant and no new evidence of any additional crimes was found at the time of the search.
2 Does the warrant have to be titled Search and Arrest Warrant or can a Search warrant cover both the search and arrest?
Thank you for any help on these questions.
A judge signs a search warrant in which the AFFIANT has included a request for the arrest of 3 individuals threafter named in the warrant for three misdemeanor offenses.
1. At the time the warrant is executed, can the arresting officers change the charge from misdemeanor to felony? In this case the officers charged and booked the individuals for 1 felony (Organized Criminal Activity) and only one of the misdemeanors even though no felony charge was stated in the search warrant and no new evidence of any additional crimes was found at the time of the search.
2 Does the warrant have to be titled Search and Arrest Warrant or can a Search warrant cover both the search and arrest?
Thank you for any help on these questions.