(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
Title 1 - Code of Criminal Procedure
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 18.181. 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