Days Allowed for Execution of Search Warrant
Most evidentiary search warrants must be executed within 3 whole days, exclusive of the day of issuance and the day of execution. DNA collection from a person: 15 whole days. Special anytime / wiretap rules vary.
To prove this offense, the State must establish each of the following elements: Standard evidentiary warrant: 3 whole days; DNA collection from a person: 15 whole days; Day of issuance and day of execution excluded from count.
The base classification is Statutory deadline, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Standard evidentiary warrant: 3 whole days
- DNA collection from a person: 15 whole days
- Day of issuance and day of execution excluded from count
Most evidentiary search warrants must be executed within 3 whole days, exclusive of the day of issuance and the day of execution. DNA collection from a person: 15 whole days. Special anytime / wiretap rules vary.
Practice 2 questions on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Under Art. 18.07, a search warrant for evidence (other than DNA, body specimens, or a few special categories) must be executed within how many days from issuance?
- 1 day
- 3 whole days from the date of issuance, exclusive of the day of issuance and execution Correct
- 10 days
- 30 days
SCENARIO. Officers obtain a search warrant for a residence at 9 AM. They postpone execution due to other priorities. They show up to execute at 8 PM the SAME DAY. Lawful?
- No — must execute immediately
- Yes — execution within the 3-day rule (excluding day of issuance and day of execution) is permissible; same-day execution is well within limits Correct
- Only with a fresh warrant
- Only at midnight