Texas Code of Criminal Procedure

§ 18.01 — SEARCH WARRANT

CR § 18.01Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18. SEARCH WARRANTS

Statute text

(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. Except as otherwise provided by this code, the affidavit becomes public information when the search warrant for which the affidavit was presented is 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. (b-1)(1) For purposes of this article, a magistrate may consider information communicated by telephone or other reliable electronic means in determining whether to issue a search warrant. The magistrate may examine an applicant for a search warrant and any person on whose testimony the application is based. The applicant or other person must be placed under oath before the examination.

(2)If an applicant for a search warrant attests to the contents of an affidavit submitted by reliable electronic means, the magistrate must acknowledge the attestation in writing on the affidavit. If the magistrate considers additional testimony or exhibits, the magistrate must:

(A)ensure that the testimony is recorded verbatim by an electronic recording device, by a court reporter, or in writing;

(B)ensure that any recording or reporter's notes are transcribed and that the transcription is certified as accurate and is preserved;

(C)sign, certify the accuracy of, and preserve any other written record; and

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 355 (S.B. 244), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 748 (H.B. 3131), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 5, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 66 (S.B. 483), Sec. 3, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 683 (H.B. 326), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 174 (H.B. 3237), Sec. 1, eff. May 26, 2017. Acts 2017, 85th Leg., R.S., Ch. 1035 (H.B. 1727), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.004, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 8, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.002, eff. September 1, 2023.