- Texas has very specific search warrant laws.texas map image by Vladislav Gajic from Fotolia.com
The Fourth Amendment to the United States Constitution guarantees the right of the people to be free from unreasonable searches and seizures. This right has been the source of numerous court cases and statutes concerning what the state can do in searching a person or their property and how to obtain a search warrant. Like other states, Texas has its own laws governing how search warrants are granted. - Search warrants in Texas can be granted by a magistrate to any law enforcement officer if he or she presents sufficient facts to show probable cause exists to justify the warrant's issuance. The law enforcement officer must provide this evidence in the form of a written and sworn affidavit. This affidavit is generally public information that the court clerk may release to the public for inspection. (Texas Code of Criminal Procedure § 18.01.(a) and (b))
- Search warrants in Texas can be granted only on specific grounds. These include searching for stolen property, property used in the furtherance of a crime, weapons used for riot or insurrection, prohibited weapons, gambling devices, obscene materials, drugs or other controlled substances, property specifically prohibited by law, property consisting of evidence of an offense, people or contraband. (Texas Code of Criminal Procedure § 18.02)
- Texas search warrants are required to be specific, stating the intended target of the search, as well as other pertinent information. A warrant must state that the the search is being conducted in the name of The State of Texas, describe or identify the items, property, or areas to be searched for or seized and be dated and signed by the magistrate issuing the warrant. (Texas Code of Criminal Procedure § 18.04)
- Law enforcement officers who receive a search warrant must execute it within three days from the date of issuance. Once a search is executed, the officer must present a copy of the warrant to any owner present on the property at the time of the search. Any property taken pursuant to the warrant must be written in an inventory and presented to the owner. If the owner is not present, the officer must leave a copy of the warrant and inventory at the property. (Texas Code of Criminal Procedure § 18.06)
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