Code of Criminal Procedure · Art. 18.02

Grounds for Issuance of Search Warrant

Grounds for Issuance of Search Warrant is covered under Art. 18.02 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search Warrants" on practice exams.

To prove this offense, the State must establish each of the following elements: Property acquired by theft; Property specially designed to commit a crime; Arms used or kept for assault; Implements/instruments used to commit a crime; Property concealed to prevent discovery; Contraband; Evidence of an offense or evidence the offender committed it.

Elements you must prove

  • Property acquired by theft
  • Property specially designed to commit a crime
  • Arms used or kept for assault
  • Implements/instruments used to commit a crime
  • Property concealed to prevent discovery
  • Contraband
  • Evidence of an offense or evidence the offender committed it

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Worked examples

Worked example 1

Under Art. 18.02, which of the following may be seized under a search warrant?

  1. Only weapons
  2. Property acquired by theft, items used as means of committing crime, contraband, weapons used or intended to be used in commission of crime, items constituting evidence of an offense, and other categories listed in Art. 18.02 Correct
  3. Only items listed by the suspect
  4. Only property worth more than $1,500
Why: Art. 18.02 enumerates 13 categories of property/items, including stolen property, weapons, contraband, items used or intended to commit crime, evidence of an offense, and persons (in arrest warrant context).
Statute: Tex. Code Crim. Proc. art. 18.02