Chapter 18: Search Warrants

Overview

The Code of Criminal Procedure outlines the processes necessary for criminal investigations and proceedings, specifically addressing search warrants under Texas law.

Article 18.01: Search Warrant

  • Definition: A search warrant is a written order from a magistrate to a peace officer, commanding them to search for and seize property and present it to the magistrate, which can include photographing a child.

Requirements for Issuing a Search Warrant

  • Probable Cause: A warrant can only be issued with sufficient facts to establish probable cause.

  • Sworn Affidavit: Must present substantial facts establishing probable cause and becomes public after execution.

  • Communication of Information: May consider information from electronic or telephone means.

Examination and Transmission Procedures

  • Magistrates may examine applicants and witnesses under oath and must acknowledge electronically sent affidavits in writing, preserving all testimony.

  • Magistrates can modify warrants before issuing them, providing a modified version to the applicant.

Article 18.02: Grounds for Issuance

  • Criteria for Issuance: Requires evidence of a specific offense and proof that the items are evidential.

  • Jurisdiction of Judges: Only specific judges can issue certain warrants.

  • Limitations on Search Items: Searches must be conducted by those with proper judicial authority.

Article 18.021: Photography of Child Victims

Search warrants can be issued for locating and photographing child victims, requiring a same-sex officer during execution.

Article 18.0215: Access to Cellular Devices

A warrant is required to search a post-arrest cellular phone, except under specific conditions (e.g., consent, exigent circumstances). A written application must detail ownership and probable cause.

Article 18.04: Contents of Warrant

  • Warrant must include:

    • State of Texas

    • Item description and search location

    • Instructions for the peace officer

    • Date, signature, and magistrate verification.

Article 18.06: Execution of Warrants

Officers must present a warrant to the property owner or an occupant, and unauthorized property removal is prohibited.

Article 18.11: Custody of Found Property

Property seized must be stored per the magistrate's directions, ensuring proper evidence handling.

Article 18.22: Testing for Communicable Diseases

Individuals exposed to bodily fluids must undergo testing without results being used against them in other proceedings.

Article 18.24: Body Cavity Searches

Body cavity searches during traffic stops require a warrant.

Conclusion

The Code of Criminal Procedure establishes law enforcement's responsibilities in executing search warrants while protecting individual rights and maintaining legal protocols in criminal investigations.