Chapter 18 Search Warrants Flashcards
18.01 what is a search warrant? A _____, ______, ______________________.
A written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order
18.01 can you get a search warrant with reasonable suspicion?
No. Need probable cause for a warrant
18.02: what can be included in a search warrant for search and seizure purposes? (14)
- Property acquired by theft or any other manner which makes its possession an offense
- Criminal instruments
- Arms/ammo kept or prepared for riot
- Weapons prohibited by penal code
- Gambling devices or equip./paraphernalia
- Obscene materials kept or prepared for commercial distribution/exhibition
- Drugs, controlled substance, precursors, or paraphernalia kept prepared or manufactured in violation of laws
- Any prohibited property in possession of
- Implements/instruments used in crimes
- Property or items showing a person committed a crime, but not personal writings
- Persons
- Contraband subject to forfeiture under chp 59 of this code
- Electronic customer data held in electronic storage
- A cellular phone
18.021 what offenses can you issue a search warrant to photograph a child? (4)
- Injury to a child
- Sexual assault of a child
- Agg sexual assault of a child
- Continuous sexual abuse of young child
18.021 a search warrant issued to photograph a child can be done by an officer of a different sex. True or false?
True, but only if there is a person assisting the officer who is the same sex as the child and acting under direction of the officer, and that person is with the victim during the photographs
18.03 can a search warrant also order the arrest of someone?
Yes
18.04 contents of a warrant (5)
- That it run in the name of
“The state of Texas” - That it ID the person or thing to be seized or as near as may be
- That it command any peace officer of the proper county to search for the person place or thing named
- Dated and signed by magistrate
- Magistrates name appear legibly on handwriting or typewritten form with signature
18.06 search warrants executed within ____ days of its issuance if it’s to photo a child. In all other cases it must be executed within ___ days from the time of its issuance. It can be ordered to be executed within a shorter period if directed by magistrate.
11; 3
18.06 if executing a search warrant, must you give them a copy of the search warrant? What if you seize property?
Yes. If you seize property leave an inventory of items taken
18.07 how long do you have to execute a warrant to search and seize DNA, including blood and saliva? Not including the day of issuance and day of execution.
15 whole days
18.07 how long do you have to execute a warrant to search for and photograph a child? Not including the day of issuance and day of execution.
10 whole days
18.07 how long do you have to execute a search warrant if not one of the other types listed? Not including the day of issuance and day of execution.
Three whole days
18.07 how long do you have to execute a warrant to search for and seize computer data? Not including the day of issuance and day of execution.
The same amount of time allowed under subsection a. As long as it’s seized before the end of the warrant Run time the evidence can be pulled from the hard drive after the warrant expires.
18.09 if you seize property or persons you must take and carry the items or person before the magistrate. True or false
True
18.21 how long can a tracking device be placed on someone?
Not more than 60 days after the earlier of the date the device was installed or 10th day after the date the order is entered unless an extension is granted. Extensions may not exceed 60 days unless it was a consent placement in which it’s good for up to a year
