Texas Code of Criminal Procedure - Article 18.01. Search Warrant
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Art. 18.01. [304] SEARCH WARRANT. (a) A "search warrant" is
a written order, issued by a magistrate and directed to a peace
officer, commanding him to search for any property or thing and to
seize the same and bring it before such magistrate or commanding him
to search for and photograph a child and to deliver to the
magistrate any of the film exposed pursuant to the order.
(b) No search warrant shall issue for any purpose in this
state unless sufficient facts are first presented to satisfy the
issuing magistrate that probable cause does in fact exist for its
issuance. A sworn affidavit setting forth substantial facts
establishing probable cause shall be filed in every instance in
which a search warrant is requested. The affidavit is public
information if executed, and the magistrate's clerk shall make a
copy of the affidavit available for public inspection in the
clerk's office during normal business hours.
(c) A search warrant may not be issued pursuant to
Subdivision (10) of Article 18.02 of this code unless the sworn
affidavit required by Subsection (b) of this article sets forth
sufficient facts to establish probable cause: (1) that a specific
offense has been committed, (2) that the specifically described
property or items that are to be searched for or seized constitute
evidence of that offense or evidence that a particular person
committed that offense, and (3) that the property or items
constituting evidence to be searched for or seized are located at or
on the particular person, place, or thing to be searched. Except as
provided by Subsections (d) and (i) of this article, only a judge of
a municipal court of record or county court who is an attorney
licensed by the State of Texas, statutory county court, district
court, the Court of Criminal Appeals, or the Supreme Court may issue
warrants pursuant to Subdivision (10), Article 18.02 of this code.
(d) Only the specifically described property or items set
forth in a search warrant issued under Subdivision (10) of Article
18.02 of this code or property, items or contraband enumerated in
Subdivisions (1) through (9) or in Subdivision (12) of Article
18.02 of this code may be seized. A subsequent search warrant may
be issued pursuant to Subdivision (10) of Article 18.02 of this code
to search the same person, place, or thing subjected to a prior
search under Subdivision (10) of Article 18.02 of this code only if
the subsequent search warrant is issued by a judge of a district
court, a court of appeals, the court of criminal appeals, or the
supreme court.
(e) A search warrant may not be issued under Subdivision
(10) of Article 18.02 of this code to search for and seize property
or items that are not described in Subdivisions (1) through (9) of
that article and that are located in an office of a newspaper, news
magazine, television station, or radio station, and in no event may
property or items not described in Subdivisions (1) through (9) of
that article be legally seized in any search pursuant to a search
warrant of an office of a newspaper, news magazine, television
station, or radio station.
(f) A search warrant may not be issued pursuant to Article
18.021 of this code unless the sworn affidavit required by
Subsection (b) of this article sets forth sufficient facts to
establish probable cause:
(1) that a specific offense has been committed;
(2) that a specifically described person has been a victim
of the offense;
(3) that evidence of the offense or evidence that a
particular person committed the offense can be detected by
photographic means; and
(4) that the person to be searched for and photographed is
located at the particular place to be searched.
(g) A search warrant may not be issued under Subdivision
(12), Article 18.02, of this code unless the sworn affidavit
required by Subsection (b) of this article sets forth sufficient
facts to establish probable cause that a specific felony offense
has been committed and that the specifically described property or
items that are to be searched for or seized constitute contraband as
defined in Article 59.01 of this code and are located at or on the
particular person, place, or thing to be searched.
(h) Except as provided by Subsection (i) of this article, a
warrant under Subdivision (12), Article 18.02 of this code may only
be issued by:
(1) a judge of a municipal court of record who is an attorney
licensed by the state;
(2) a judge of a county court who is an attorney licensed by
the state; or
(3) a judge of a statutory county court, district court, the
court of criminal appeals, or the supreme court.
(i) In a county in which the only judge serving the county
who is a licensed attorney is a district judge whose district
includes more than one county or in which the only judges serving
the county who are licensed attorneys are two or more district
judges each of whose district includes more than one county, any
magistrate may issue a search warrant under Subdivision (10) or
Subdivision (12) of Article 18.02 of this code. This section is not
applicable to a subsequent search warrant under Subdivision (10) of
Article 18.02 of this code.
Amended by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff.
Jan. 1, 1974; Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 1, eff.
May 25, 1977; Acts 1979, 66th Leg., p. 1124, ch. 536, Sec. 1, eff.
June 11, 1979; Acts 1979, 66th Leg., p. 1076, ch. 505, Sec. 1, eff.
Sept. 1, 1979; Acts 1981, 67th Leg., p. 759, ch. 289, Sec. 3, 4,
eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 1,
eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 686, Sec. 1, eff.
Sept. 1, 1987; Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 2, eff.
Oct. 18, 1989; Acts 1991, 72nd Leg., ch. 73, Sec. 1, eff. May 9,
1991; Acts 1995, 74th Leg., ch. 670, Sec. 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 604, Sec. 1, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 167, Sec. 1, eff. Aug. 30, 1999; Acts 1999,
76th Leg., ch. 1469, Sec. 1, eff. June 19, 1999; Acts 2001, 77th
Leg., ch. 1395, Sec. 1, eff. June 16, 2001.
Article: 17.43 17.44 17.441 17.45 17.46 17.47 17.48 18.01 18.02 18.021 18.03 18.04 18.05 18.06 18.07
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Last modified: August 10, 2007
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