Search Warrants

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Art. 18.01 Search Warrant.

Back 1

1. A search warrant is a written order by a magistrate for a Police Officer commanding him to search for any property or thing or to search for and photograph a child and bring it before him.
2. No search warrant will be issued without sworn affidavit stating probably cause. The warrant/affidavit are public record.
3. A search warrant may not be issued for unless affidavit states;
a. specific offense has been
committed
b. specifically described property
or items to be searched for are
evidence of offense or evidence
that a particular person
committed offense
c. that the particular property or
items are located at/on the
person, place or thing to be
searched. Only a judge of a
court of record may issue
warrant
4. Only specifically named items can be searched for and any additional search of the same person requires a search warrant.
5. A search warrant may not be issued unless for specific items at the office of a newspaper, news magazine, television station or radio station.
6. Search warrant to photograph a child may not be issued without sworn affidavit establishing probable cause;
a. that specific offense has been
committed
b. a described person has been a
victim
c. evidence that a particular
person committed offense which
can be detected by photography
d. that the person to be
photographed is at a particular
place
7. A search warrant may not be issued without affidavit that a specific felony has been committed and that the items are contraband and located at/on a person, place or thing.
8. A search warrant may only be issued by;
a. judge of municipal court of
record who is attorney
b. judge of county court who is
attorney
c. judge of a statutory county
court, district court, court of
criminal appeals or supreme
court
9. In county where the only judge that is an attorney is the district judge, any magistrate may issue the warrant. This does not apply to subsequent warrants.

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Art. 18.02 Grounds for Issuance.

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A search warrant may be issued to search and seize;
a. property acquired by theft or
by means that is an offense
b. property designed, made or
adapted for or used in
commission of offense
c. arms and munitions kept or
prepared for purposes of
insurrection or riot
d. weapons prohibited by Penal
Code
e. gambling devices/equipment,
altered gambling equipment,
gambling paraphernalia
f. obscene materials kept or
prepared for commercial
distribution or exhibition
g. a drug, controlled substance,
immediate precursor, chemical
precursor or other controlled
substance property, including
an apparatus or paraphernalia
kept, prepared or manufactured
in violation of laws
h. any property possessed that is
a law violation
i. implements/instruments used in
the commission of a crime
j. property or items, except the
personal writings by the
accused, constituting evidence
tending to show that a
particular person committed an
offense
k. persons
l. contraband subject to
forfeiture

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Art. 18.021 Issuance of Search Warrant to Photographed Injured Child.

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1. A search warrant may be issued to photograph a child who is the alleged victim of injury to a child, sexual assault of a child or aggravated sexual assault of a child.
2. Officer executing the warrant may be accompanied by a photographer who is employed by agency.
3. The warrant shall identify the child, name or describe the place or thing to be searched, shall command officer to search for and cause child to be photographed.
4. After being photographed the officer shall take possession of film and deliver it to magistrate. Child may not be removed from premises located.
5. Officer must be of same sex as victim or having assistant of same sex.

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Art. 18.03 Search Warrant May Authorize Arrest.

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If the affidavit for search warrant establishes probably cause that person has committed offense, the search warrant may, in addition, order the arrest of the person.

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Art. 18.04 Contents of Warrant.

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A search warrant shall be sufficient if it contains;
a. that it run in the name of
"The State of Texas"
b. that it identify what is to be
seized and searched
c. that it commands officer to
search for person, place or
thing
d. dated and signed by magistrate

Front 6

Art. 18.05 Warrants for Fire, Health and Code Inspections.

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1. A search warrant may be issued to fire marshall, health officer or code enforcement officer.
2. Search warrant must have facts of probable cause of violations.
3. Magistrate is not limited to affidavit but can consider;
a. age/condition of premises
b. previous violations or hazards
found
c. type of premises
d. purpose the premises are used
e. presence of hazards/violations
and condition near the premises
4. Each city or county can designate one code enforcement official.
5. Search warrant may not be issued to code enforcement official of a county of greater than or equal to 2.4 million for the purpose of allowing inspection for unsafe building condition or a violation of a building regulation, statute or ordinance.