Tex. Code Crim. Proc. art. 18.02

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 18.02 - Grounds for Issuance

(a) A search warrant may be issued to search for and seize:

(1) property acquired by theft or in any other manner which makes its acquisition a penal offense;

(2) property specially designed, made, or adapted for or commonly used in the commission of an offense;

(3) arms and munitions kept or prepared for the purposes of insurrection or riot;

(4) weapons prohibited by the Penal Code;

(5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia;

(6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law;

(7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state;

(8) any property the possession of which is prohibited by law;

(9) implements or instruments used in the commission of a crime;

(10) 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;

(11) persons;

(12) contraband subject to forfeiture under Chapter 59 of this code;

(13) electronic customer data held in electronic storage, including the contents of and records and other information related to a wire communication or electronic communication held in electronic storage; or

(14) a cellular telephone or other wireless communications device, subject to Article 18.0215.

(b) For purposes of Subsection (a)(13):

(1) "Electronic communication" and "wire communication" have the meanings assigned by Article 18A.001.

(2) "Electronic customer data" and "electronic storage" have the meanings assigned by Article 18B.001.

Tex. Code Crim. Proc. § 18.02

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1058,Sec. 3.03, eff. 1/1/2019.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1251,Sec. 1, eff. 9/1/2015.

Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1289,Sec. 1, eff. 6/14/2013.

Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 16, eff. 9/1/2003.

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 3, eff. 10/18/1989

Amended by Acts 1981, 67th Leg., p. 2790, ch. 755, Sec. 5, eff. 9/1/1981

Amended by Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 2, eff. 5/25/1977;

Amended by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff. 1/1/1974

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.