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11 Cards in this Set
- Front
- Back
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Art. 18.06 Execution of Warrant.
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1. Peace Officer delivered a search warrants shall execute it without delay and return it to the magistrate. It must be executed within 3 days of issuance or shorter if directed.
2. The officer executing the warrant shall present a copy to the owner or person there. The officer shall inventory the property to be taken and endorse their name legibly. They shall leave a copy of the inventory. If no body is home, they shall leave a copy of both at the property. |
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Art. 18.07 Days allowed for warrant to run.
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The time allowed to execute shall be 3 whole days not including the day of issuance or execution. Magistrate shall date and time warrant.
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Art. 18.08 Power of Officer executing warrant.
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Officer may call to his aid any number of citizens in the county who shall be bound to assist.
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Art. 18.09 Shall seize accused and property.
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When the property or person searched for is located, they shall take the person/thing to the magistrate.
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Art. 18.10 How Return Made.
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Upon returning the warrant the officer will write on the back the manner it was executed. A copy of the inventory will also be returned. The officer will maintain custody of the items until judge states what is to be done with it. The property cannot leave the county it was seized without judges approval or a lab for analysis.
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Art. 18.11 Custody of Property Found.
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Property seized shall be kept to the magistrate that issued warrant.
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Art. 18.12 Magistrate shall Investigate.
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Upon receiving the return, shall proceed to try the questions arising upon the same, and shall take testimony as in other examinations before him.
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Art. 18.13 Shall discharge Defendant.
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If the magistrate determines that there wasn't good grounds to issue the warrant, he shall release the defendant and shall order restitution of all legal items.
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Art. 18.14 Examining Trial.
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If judge feels that good grounds existed for issuance of warrant, he shall proceed in examining court as he would any other case.
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Art. 18.15 Certify Record to Proper Court.
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Magistrate shall keep records of all proceedings, certify them and forward them to the clerk of the court having jurisdiction before the next term of said court. Shall include all original papers and inventory.
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Art. 18.16 Preventing Consequences of Theft.
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Any person has a right to prevent the consequences of theft by seizing the stole property and the person who stole it before a magistrate or turning over to a peace officer.
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