Search Warrant Flashcards
A search warrant issued under this chapter shall be _____ if it contains the following requisites:
(1) that it run in the name of “The State of Texas”;
(2) that it _____, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
(3) that it command _____ peace officer of the proper county to search forthwith the person, place, or thing named; and
(4) that it be _____ and _____ by the magistrate.
sufficient; identify; any; dated; signed
No search warrant shall issue for any purpose in this state unless _____ are first presented to satisfy the issuing magistrate that _____ does in fact exist for its issuance.
sufficient facts; probable cause
A peace officer to whom a search warrant is delivered _____ execute it without delay and forthwith return it to the proper magistrate. It must be executed within _____ from the time of its issuance, and shall be executed within a _____ if so directed in the warrant by the magistrate.
shall; three days; shorter period
On searching the place ordered to be searched, the officer executing the warrant _____ a copy of the warrant to the owner of the place, if he is present. If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person. Before the officer takes property from the place, he shall prepare a _____ of the property to be taken. He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property. If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall _____ of the warrant and the inventory at the place.
shall present; written inventory; leave a copy
The time allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is:
(1) _____ days 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; or
15 whole
The time allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is:
(2) _____ days if the warrant is issued for a purpose other than that described by Subdivision (1- DNA)
three whole
If a warrant is issued to search for and seize _____ or _____ contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed _____ the time allowed under Subsection (a)(DNA 15 days) if the device was seized before the expiration of the time allowed. Notwithstanding any other law, any _____ or _____ contained in or on a device seized may be recovered and analyzed _____ the expiration of the time allowed under Subsection (a).
data; information; within; data; information; after
In the execution of a search warrant, the officer _____ call to his aid any number of _____ in this county, who _____ be bound to aid in the execution of the same.
may; citizens; shall
An officer directed under a _____ to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may:
(1) seize only the programmable _____ of the device, equipment, or paraphernalia if that _____ is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;
search warrant; main circuit board; circuit board
Upon _____ the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the _____ and shall likewise deliver to the magistrate a copy of the _____ of the property taken into his possession under the warrant.
returning; manner in which it has been executed; inventory
The property _____ be removed from the _____ 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 _____ any item or items seized to a laboratory for _____.
may not; county; forwarding; scientific analysis
Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. _____ has a right to prevent the consequences of theft by seizing any _____ that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To _____ a seizure under this article, there must be _____ to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
Any person; personal property; justify; reasonable ground
A person who is arrested for a _____ or _____ and who during the commission of that offense or an arrest following the commission of that offense causes a peace officer to come into contact with the person’s bodily fluids shall, at the direction of the court having jurisdiction over the arrested person, undergo a medical procedure or test designed to show or help show whether the person has a _____. The court may direct the person to undergo the procedure or test on its own motion or on the request of the peace officer. If the person refuses to submit voluntarily to the procedure or test, the court shall require the person to submit to the procedure or test. Notwithstanding any other law, the person performing the procedure or test shall make the test results available to the local health authority, and the local health authority shall notify the peace officer of the test result. The state _____ use the fact that a medical procedure or test was performed on a person under this article, or use the _____ of the procedure or test, in any _____ proceeding arising out of the alleged offense.
misdemeanor; felony; communicable disease; may not; results; criminal
