Texas Statutes
Chapter 18 - Search Warrants
Article 18.10. How Return Made


(a) Not later than three whole days after executing a search warrant, the officer shall return the search warrant. Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed. The officer shall also deliver to the magistrate a copy of the inventory of the property taken into his possession under the warrant. The failure of an officer to make a timely return of an executed search warrant or to submit an inventory of the property taken into the officer's possession under the warrant does not bar the admission of evidence under Article 38.23. The officer who seized the property shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property. Except as otherwise provided by Subsection (b), the property may not be removed from the county in which it was seized without an order approving the removal, issued by a magistrate in the county in which the warrant was issued; provided, however, nothing herein shall prevent the officer, or his department, from forwarding any item or items seized to a laboratory for scientific analysis.
(b) For the purposes of complying with this article, property seized pursuant to a warrant executed under Article 18.067 may be removed from the county in which it was seized and returned to the county in which the warrant was issued without a court order.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 3, eff. Sept. 1, 1981.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 174 (H.B. 3237), Sec. 2, eff. May 26, 2017.
Acts 2021, 87th Leg., R.S., Ch. 596 (S.B. 1047), Sec. 2, eff. September 1, 2021.

Structure Texas Statutes

Texas Statutes

Code of Criminal Procedure

Title 1 - Code of Criminal Procedure

Chapter 18 - Search Warrants

Article 18.01. Search Warrant

Article 18.011. Sealing of Affidavit

Article 18.02. Grounds for Issuance

Article 18.021. Issuance of Search Warrant to Photograph Injured Child

Article 18.0215. Access to Cellular Telephone or Other Wireless Communications Device

Article 18.03. Search Warrant May Order Arrest

Article 18.04. Contents of Warrant

Article 18.05. Warrants for Fire, Health, and Code Inspections

Article 18.06. Execution of Warrants

Article 18.065. Execution of Warrant Issued by District Judge for DNA Specimen

Article 18.067. Execution of Warrant for Blood Specimen in Intoxication Offense

Article 18.07. Days Allowed for Warrant to Run

Article 18.08. Power of Officer Executing Warrant

Article 18.09. Shall Seize Accused and Property

Article 18.095. Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia

Article 18.10. How Return Made

Article 18.11. Custody of Property Found

Article 18.12. Magistrate Shall Investigate

Article 18.13. Shall Discharge Defendant

Article 18.14. Examining Trial

Article 18.15. Certify Record to Proper Court

Article 18.16. Preventing Consequences of Theft

Article 18.17. Disposition of Abandoned or Unclaimed Property

Article 18.18. Disposition of Gambling Paraphernalia, Prohibited Weapon, Criminal Instrument, and Other Contraband

Article 18.181. Disposition of Explosive Weapons and Chemical Dispensing Devices

Article 18.182. Disposition of Item Bearing Counterfeit Mark

Article 18.183. Deposit of Money Pending Disposition

Article 18.19. Disposition of Seized Weapons

Article 18.191. Disposition of Firearm Seized From Certain Persons With Mental Illness

Article 18.22. Testing Certain Defendants or Confined Persons for Communicable Diseases

Article 18.23. Expenses for Motor Vehicle Towed and Stored for Certain Purposes

Article 18.24. Body Cavity Search During Traffic Stop