Documents Not Incorporated by Reference Submitted With An Affidavit
In Barnes v. State, 876 S.W.2d 316, 327 (Tex. Crim. App. 1994), the Court of Criminal Appeals decided that when documents submitted with an affidavit are not incorporated by reference, they may be implicitly incorporated if it is established that:
(1) the issuing magistrate essentially considered the attached documents as "part and parcel" of the warrant affidavit;
(2) the documents were physically attached;
(3) the matters contained in the documents were an obvious continuation of the affidavit. Barnes, 876 S.W.2d at 327.
In Kotlar v. State, 706 S.W.2d 697, 701 (Tex. App.-- Corpus Christi 1986), an officer's affidavit stated, "based upon an attached offense report, he either had personal knowledge or reason to believe that appellant was guilty of destroying or damaging the horse." 706 S.W.2d at 700-01.
The court found that, although not within the "four corners" of the affidavit, the attached offense report was properly part of the information the magistrate had before him when deciding whether to authorize a warrant.