Clay v. State

A judge signed a search warrant authorizing a blood draw from the appellant based on a telephone conversation with the arresting officer. Texas Code of Criminal Procedure Article 18.01(b) does not necessarily require that the oath always be administered in the corporal presence of the magistrate, so long as sufficient care is taken in the individual case to preserve the same or an equivalent solemnizing function to that which corporal presence accomplishes. The court of appeals judgment that had affirmed the denial of a motion to suppress is affirmed. Court of Criminal Appeals, No. PD-0579-12, 01-09-2013.

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