Thereafter, if the warrant has been executed, the documents and records shall be open to the public as a judicial record. The court may, for good cause, grant one or more extensions for the time that the device may be used, with each extension lasting for a reasonable length of time, not to exceed 30 days.
The search warrant shall command the officer to execute the warrant by installing a tracking device or serving a warrant on a third-party possessor of the tracking data. The officer shall perform any installation authorized by the warrant during the daytime unless the magistrate, for good cause, expressly authorizes installation at another time. Execution of the warrant shall be completed no later than 10 days immediately after the date of issuance.
A warrant executed within this day period shall be deemed to have been timely executed and no further showing of timeliness need be made. The application must:. A the law enforcement agency that employs the peace officer is located, if the telephone or device is in the officer's possession; or. A criminal activity has been, is, or will be committed; and. B searching the telephone or device is likely to produce evidence in the investigation of the criminal activity described in Paragraph A.
A the telephone or device is in the possession of a fugitive from justice for whom an arrest warrant has been issued for committing a felony offense; or. B there exists an immediate life-threatening situation, as defined by Article 18A.
If the judge finds that the applicable situation under Subsection d 3 A or B did not occur and declines to issue the warrant, any evidence obtained is not admissible in a criminal action. Added by Acts , 84th Leg. If the facts presented to the magistrate under Article A search warrant issued under this chapter, Chapter 18A , or Chapter 18B shall be sufficient if it contains the following requisites:. A political subdivision other than a city or county may designate not more than one code enforcement official for the purpose of being issued a search warrant as authorized by Subsection a of this article only if the political subdivision routinely inspects premises to determine whether there is a fire or health hazard or unsafe building condition or a violation of fire, health, or building regulation, statute, or ordinance.
Added as art. 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 written inventory 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 leave a copy of the warrant and the inventory at the place. Notwithstanding any other law, a warrant issued under Article Added by Acts , 87th Leg.
Notwithstanding any other law, any data or information contained in or on a device seized may be recovered and analyzed after the expiration of the time allowed under Subsection a.
In the execution of a search warrant, the officer may call to his aid any number of citizens in this county, who shall be bound to aid in the execution of the same. When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate.
For purposes of this chapter, "seizure," in the context of property, means the restraint of property, whether by physical force or by a display of an officer's authority, and includes the collection of property or the act of taking possession of property. Acts , 79th Leg. For purposes of this chapter, an officer directed under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may:.
Added by Acts , 81st Leg. 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 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.
Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with Article The magistrate, upon the return of a search warrant, shall proceed to try the questions arising upon the same, and shall take testimony as in other examinations before him.
If the magistrate be not satisfied, upon investigation, that there was good ground for the issuance of the warrant, he shall discharge the defendant and order restitution of the property taken from him, except for criminal instruments. In such case, the criminal instruments shall be kept by the sheriff subject to the order of the proper court.
The magistrate shall proceed to deal with the accused as in other cases before an examining court if he is satisfied there was good ground for issuing the warrant. The magistrate shall keep a record of all the proceedings had before him in cases of search warrants, and shall certify the same and deliver them to the clerk of the court having jurisdiction of the case, before the next term of said court, and accompany the same with all the original papers relating thereto, including the certified schedule of the property seized.
Any person has a right to prevent the consequences of theft by seizing any personal property 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 justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay. If a peace officer of a municipality seizes the property, the peace officer shall deliver the property to a person designated by the municipality. If any other peace officer seizes the property, the peace officer shall deliver the property to the purchasing agent of the county.
If the county has no purchasing agent, then such property shall be disposed of by the sheriff of the county. Such notice shall describe the property being held, give the name and address of the officer holding such property, and shall state that if the owner does not claim such property within 90 days from the date of the notice such property will be disposed of and the proceeds, after deducting the reasonable expense of keeping such property and the costs of the disposition, placed in the treasury of the municipality or county giving the notice.
The person designated by the municipality, the purchasing agent, or the sheriff shall deposit the sale proceeds, after deducting the reasonable expense of keeping the property and costs of the sale, in the treasury of the municipality or county selling or donating the property. This article does not require disposition by sale. On receiving the notice, the owner must sign the notice and attach a thumbprint to the notice.
The notice must include:. The person designated by the municipality, the purchasing agent, or the sheriff may sell or donate the property without mailing or publishing an additional notice as required by Subsection b , c , or d. The sale proceeds, after deducting the reasonable expense of keeping and disposing of the property, must be deposited in the treasury of the municipality or county disposing of the property.
A claim by the real owner must be filed not later than the 30th day after the date of disposition. If the claim is allowed by the commissioners court or the governing body of the municipality, the municipal or county treasurer shall pay the owner such funds as were paid into the treasury of the municipality or county as proceeds of the disposition.
If the claim is denied by the commissioners court or the governing body or if said court or body fails to act upon such claim within 90 days, the claimant may sue the municipal or county treasurer in a court of competent jurisdiction in the county, and upon sufficient proof of ownership, recover judgment against such municipality or county for the recovery of the proceeds of the disposition. The agency at any time may transfer the property to another municipal or county law enforcement agency for the use of that agency.
The agency last using the property shall return the property to the person designated by the municipality, county purchasing agent, or sheriff, as the case may be, for disposition when the agency has completed the intended use of the property. Amended by Acts , 60th Leg. One interesting question that usually arises after search warrants have been executed and contraband discovered is whether the right people have been charged with possessing the illegal items. New York state law provides a "firearm presumption" as well as a "drug presumption" in these contexts.
Penal Law chapter provides the following rebuttable presumption about the illegal possession of drugs:. The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found; except that such presumption does not apply to any such persons if a one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or b one of them has such controlled substance upon his person.
Penal Law Section Similarly, Penal Law chapter provides the following rebuttable presumption about the possession of a firearm:.
The presence in any room, dwelling, structure or vehicle of any machine-gun is presumptive evidence of its unlawful possession by all persons occupying the place where such machine-gun is found. Essentially, these presumptions mean that the police will definitely arrest everyone they find inside the same room as contraband during the execution of a search warrant. However, they are likely to arrest everyone in the home not just the room , as well as those people living in the home but not in the home at the time of the warrant, based upon a theory of "constructive possession".
A person is not necessarily guilty simply because they may have been in the room or in the home at the time that illegal contraband was discovered in the home, as these presumptions are rebuttable with evidence that the accused was either unaware of the contraband or did not exercise any dominion or control over the items.
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