Attorneys for Search and Seizure in San Antonio, Texas

Required Contents for a Search Warrant in Texas

A search warrant must contain the following requirements to be considered valid in Texas.

• That it runs in the name of “The State of Texas”
• That it identifies, as near as may be, what is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
• That it commands any peace officer of the proper county to search the person, place, or thing named;
• That it’s dated and signed by the magistrate; and
• That the magistrate’s name appears in clearly legible handwriting or typewritten form with the magistrate’s signature.

Purpose of a Search Warrants Under Texas Law

Law enforcement is trained to search only relevant items for their investigation. Texas Code of Criminal Procedure § 18.02 states that a search warrant can be issued to search and seize the following items or property:

• Property acquired by theft or in any other illegal manner;
• Arms and ammunitions kept or prepared for the purposes of insurrection or riot;
• Gambling devices or equipment, altered gambling equipment, or gambling paraphernalia;
• A drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property including an illegally kept, prepared for, or manufactured apparatus or paraphernalia;
• Implements or instruments used in the commission of a crime;
• Any illegally possessed property;
• Property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense;
• Property specially designed, made, or adapted for or commonly used in the commission of a criminal offense;
• Prohibited weapons;
• Obscene materials kept or prepared for commercial distribution or exhibition;
• Persons;
• Electronic customer data held in electronic storage, including the contents of and records and other information related to a wire or electronic communication held in electronic storage; or
• Contraband subject to forfeiture.

Texas Code of Criminal Procedure § 18.20 defines the following terms. The term “wire communication” is defined as an aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connections.

The term “electronic communication” refers to a transfer of signals, signal writing, images, sound, data, or intelligence of any nature transmitted through wire, radio, electromagnetic, photoelectronic, or photo-optical systems.

Texas Penal Code § 47.01 defines a “gambling instrument” as any electronic, electromechanical, or mechanical contrivance that helps a player have an opportunity to obtain anything of value. The item of value or compensation must be determined solely or partially by chance.

Exceptions to Search Warrants in San Antonio, Texas

Not every scenario requires the issuance of a search warrant. Certain circumstances can be considered exceptions to the Fourth Amendment requirements. If these scenarios occur, then the search is justified since there is not enough time to obtain a warrant.

Some situations that can be considered an exception to the Fourth Amendment, and can justify a warrantless search include:

• To prevent the destruction of evidence;
• To prevent the escape of an alleged offender;
• To search for additional alleged offenders;
• To pursue a fleeing felon (or “hot pursuit”);
• Protection of life and liberty; or
• When an alleged offender is armed.

A few other instances also can lead to a warrantless search without violation of the Fourth Amendment. These circumstances include:

• Plain View Doctrine – If the evidence of a crime or contraband is in plain view of a police officer, then he or she does not need a warrant to seize it.
• Consent Searches – If a person consents to search and seizure, then law enforcement does not require a search warrant.
• Stop and Frisk
  – If there is reasonable suspicion that a person is armed and dangerous or has committed a criminal act, a police officer is allowed to stop and frisk him or her.
• Searches Incident to Arrest – If the alleged offender is lawfully arrested, law enforcement does not require a search warrant to examine the property or devices.

Invalid Search Warrants Under Texas Law

In some cases, a search warrant is considered invalid. An experienced criminal defense attorney can spot any unlawful practices or oversights with the issuance of a search warrant. In addition, a skilled defense lawyer can file a motion that the search and seizure was illegal, suppressing the use of that evidence in court.

Some reasons why a search warrant is considered a violation of the Fourth Amendment include:

• Lack of probable cause;
• Application not made under oath;
• False statements or questionable motives of information source or confidential informant;
• Property searched or seized was not specified in the warrant;
• Failure to provide a copy of the warrant to the property owner;
• Failure to provide written inventory.