Chapter 18 Flashcards
Art 18.01 search warrant
Only a judge of a municipal court of record or a county court who is an atty licensed by the state of Texas, a statutory county court judge , a district court judge , a judge of the _____ __ ______ ______ including the presiding judge , a justice of the Supreme Court of Texas including the Chief Justice or a magistrate with jurisdiction over criminal cases serving a district court may issue warrants under art 18.02
Court of criminal appeals
Art 18.07 days allowed for warrant to run
___ _______ ______ if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison including blood and saliva samples
15 whole days
Art 18.07 days allowed for warrant to run
_____ _____ ____ if the warrant is issued for a purpose other than described by subdivision 1
Three whole days
Art 18.01 to search the same person place or thing subjected to a prior search of this code, only if the subsequent search warrant is issued by a judge of a district court a court of appeals the court of criminal appeals or ______________.
the Supreme Court
Art 18.03 the search warrant may in addition order __________ of such person.
the arrest
Art 18.06 a search warrant issued under sec5a 18.21(customer stored data/communications ) must be executed in the manner provided by that section _____________ after the date of issuance.
not later than the 11th day
Art 18.07 days allowed for warrant to run: ________ if the warrant is issued under section 5A Article 18.21(customer data/communications)
10 whole days
Art 18.10 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 it has been executed and shall likewise deliver to the magistrate _____________of the property taken into his possession under the warrant
a copy of the inventory
Art 18.21 Sec5A Warrant issued for stored customer data or communications: A __________ may issue a search warrant under this section for electronic customer data held in electronic storage including the contents of and records and other information related to a wire communication
District judge
Art 18.21 stored customer data: a search warrant is served when the authorized peace officer delivers the warrant by hand, by facsimile, or in a manner allowing proof of delivery by means of united stated mail or a private delivery service to:
- A person specified by business code
- Secretary of State in the case of a company or entity
- Any other person or entity designated to receive the service of process
Art 18.21 stored customer data: deadline for compliance by the provider/remote computing service is the ________ after the date the warrant is served.
15th business day
Art 18.21 customer stored data: The deadline for compliance with a warrant may be extended to a date that is not later than the ______ after the date the warrant is served.
30th day
Art 18.21 stored customer data: the district judge may indicate in a warrant that the deadline for compliance is earlier if it would cause serious jeopardy to an investigation or create a material risk of:
- Danger to the life or physical safety of any person
- Flight from prosecution
- Tampering with or destruction of evidence
- Intimidating of potential witnesses
Art 18.21 customer stored data: the district judge shall hear and decide any motion to quash the warrant not later than the __________ after the date the service provider files the motion. The judge may allow the service provider to appear at the hearing by teleconference.
fifth business day
Art 18.22 testing for communicable diseases: The person performing the procedure or test shall make the test results available to the ____________, and the health authority shall notify the peace officer of the test result.
local health authority
