CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 18. SEARCH WARRANTS

Art. 18.01. SEARCH WARRANT.  (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
(D)  ensure that the exhibits are preserved.
(3)  An applicant for a search warrant who submits information as authorized by this subsection must prepare a proposed duplicate original of the warrant and must read or otherwise transmit its contents verbatim to the magistrate.  A magistrate must enter into an original search warrant the contents of a proposed duplicate original that are read to the magistrate. If the applicant transmits the contents by reliable electronic means, the transmission received by the magistrate may serve as the original search warrant.
(4)  The magistrate may modify a search warrant that is submitted as described by Subdivision (3).  If the magistrate modifies the warrant, the magistrate must:
(A)  transmit the modified version to the applicant by reliable electronic means; or
(B)  file the modified original and direct the applicant to modify the proposed duplicate original accordingly.
(5)  A magistrate who issues a search warrant for which information is provided by telephone or reliable electronic means must:
(A)  sign the original documents;
(B)  enter the date and time of issuance on the warrant; and
(C)  transmit the warrant by reliable electronic means to the applicant or direct the applicant to sign the judge's name and enter the date and time on the duplicate original.
(6)  Evidence obtained pursuant to a search warrant for which information was provided in accordance with this subsection is not subject to suppression on the ground that issuing the warrant in compliance with this subsection was unreasonable under the circumstances, absent a finding of bad faith.
(c)  A search warrant may not be issued under Article 18.02(a)(10) unless the sworn affidavit required by Subsection (b) sets forth sufficient facts to establish probable cause: (1) that a specific offense has been committed, (2) that the specifically described property or items that are to be searched for or seized constitute evidence of that offense or evidence that a particular person committed that offense, and (3) that the property or items constituting evidence to be searched for or seized are located at or on the particular person, place, or thing to be searched.  Except as provided by Subsections (d), (i), and (j), only a judge of a municipal court of record or a county court who is an attorney licensed by the State of Texas, a statutory county court judge, a district court judge, a judge of the Court of Criminal Appeals, including the presiding judge, a justice of the Supreme Court of Texas, including the chief justice, or a magistrate with jurisdiction over criminal cases serving a district court may issue warrants under Article 18.02(a)(10).
(d)  Only the specifically described property or items set forth in a search warrant issued under Article 18.02(a)(10) or property, items or contraband enumerated in Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized.  A subsequent search warrant may be issued pursuant to Article 18.02(a)(10) to search the same person, place, or thing subjected to a prior search under Article 18.02(a)(10) only if the subsequent search warrant is issued by a judge of a statutory county court, a district court, a court of appeals, the court of criminal appeals, or the supreme court.
(e)  A search warrant may not be issued under Article 18.02(a)(10) to search for and seize property or items that are not described in Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or (9) and that are located in an office of a newspaper, news magazine, television station, or radio station, and in no event may property or items not described in Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or (9) be legally seized in any search pursuant to a search warrant of an office of a newspaper, news magazine, television station, or radio station.
(f)  A search warrant may not be issued pursuant to Article 18.021 of this code unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause:
(1)  that a specific offense has been committed;
(2)  that a specifically described person has been a victim of the offense;
(3)  that evidence of the offense or evidence that a particular person committed the offense can be detected by photographic means;  and
(4)  that the person to be searched for and photographed is located at the particular place to be searched.
(g)  A search warrant may not be issued under Article 18.02(a)(12) unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause that a specific felony offense has been committed and that the specifically described property or items that are to be searched for or seized constitute contraband as defined in Article 59.01 of this code and are located at or on the particular person, place, or thing to be searched.
(h)  Except as provided by Subsection (i) of this article, a warrant under Article 18.02(a)(12) may only be issued by:
(1)  a judge of a municipal court of record who is an attorney licensed by the state;
(2)  a judge of a county court who is an attorney licensed by the state; or
(3)  a judge of a statutory county court, district court, the court of criminal appeals, or the supreme court.
(i)  In a county that does not have a municipal court of record with a courtroom located in that county and a judge who is an attorney licensed by the state, a county court judge who is an attorney licensed by the state, or a statutory county court judge, any magistrate may issue a search warrant under Article 18.02(a)(10) or (12).  This subsection is not applicable to a subsequent search warrant under Article 18.02(a)(10).
(j)  Any magistrate who is an attorney licensed by this state may issue a search warrant under Article 18.02(a)(10) to collect a blood specimen from a person who:
(1)  is arrested for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code; and
(2)  refuses to submit to a breath or blood alcohol test.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff. Jan. 1, 1974;  Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 1, eff. May 25, 1977.