TX
No one has been able to obtain a copy or even see the Affidavit to the Search Warrant in our case. We have an attorney but he has not done his job. He never requested the Affidavit in Discovery even though we requested him to do so several times. It states in Article 18.01 of the Code of Criminal Procedure that if executed then the Affidavit is public information and may be viewed at the magistrate clerk's office during normal business hours.
We have been to the magistrate' clerk's office and requested to view the Affidavit and were informed there was no Affidavit on file there. If it is supposed to be public information then how do we go about getting to see this document without our attorney?
We have felt from the beginning that there is a problem with the Affidavit because of all the run around we have gotten trying to obtain it, and as our attorney has missed the Discovery deadline for whatever sorry reason, what steps can we now take to view the Affidavit before our court date?

