Reading A Search Warrant
Crim. Proc. art. 18.04 — what it has to say, and three whole days to use it
A search warrant in Texas is a written order issued by a magistrate to a peace officer. None may issue unless sufficient facts first satisfy the magistrate that probable cause exists, and a sworn affidavit setting out substantial facts establishing probable cause is filed with every request. Once the warrant is executed, the affidavit becomes public information, available for inspection at the magistrate clerk's office during business hours, unless the code provides otherwise.
- It runs in the name of "The State of Texas".
- It identifies, as near as may be, what is to be seized, and names or describes the person, place or thing to be searched.
- It commands any peace officer of the proper county to search forthwith.
- It is dated and signed by the magistrate, whose name appears legibly handwritten or typed with the signature.
The officer who executes the warrant presents a copy to the owner of the place, or to the person in possession if the owner is not there. Before taking anything, the officer prepares a written inventory, signs it and gives a copy to the owner or person in possession; if no one is there, a copy of the warrant and the inventory is left at the place.
| The warrant | The time to execute it, not counting the day it issues or the day it is executed |
|---|---|
| The warrantMost search warrants | The time to execute it, not counting the day it issues or the day it is executedThree whole days, unless the magistrate sets a shorter period |
| The warrantA warrant solely for a person's DNA specimens | The time to execute it, not counting the day it issues or the day it is executed15 whole days |
| The warrantA phone or other device seized within the time | The time to execute it, not counting the day it issues or the day it is executedIts data may be recovered and analyzed after the time runs |
A phone taken in an arrest is not searched without a warrant, with narrow exceptions. A peace officer may not search a person's cell phone or other wireless device incident to a lawful arrest without a warrant from a judge. The exceptions are the owner's consent, a phone reported stolen by its owner, or an officer's reasonable belief that it is held by a fugitive wanted on a felony warrant or that there is an immediate life threatening situation; in the last two the officer applies for a warrant as soon as practicable, and if the judge declines, the evidence is not admissible.
A peace officer may not conduct a body cavity search during a traffic stop without first getting a search warrant authorizing it; a pat down is not a body cavity search. What makes a search lawful without any warrant is a question the courts answer, not set out here.
Sources for this section (6)
- Crim. Proc. art. 18.04 — Contents of warrant
- Crim. Proc. art. 18.06 — Execution of warrants
- Crim. Proc. art. 18.01 — Search warrant, and the affidavit behind it
- Crim. Proc. art. 18.07 — Days allowed for warrant to run
- Crim. Proc. art. 18.0215 — Access to a cellular telephone or other wireless communications device
- Crim. Proc. art. 18.24 — Body cavity search during a traffic stop
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.