A search warrant is a legal document that allows law enforcement to search a person’s property. In Texas, a warrant must meet specific requirements to be valid. If a search warrant does not comply with the law, the evidence found may be challenged in court.
Below are some of the key requirements that a valid search warrant in Texas must meet.
The correct property description
A search warrant must specify exactly where police officers are allowed to search. The address must be precise. A warrant for one property cannot be used for another that is not named.
The warrant must also list the items or evidence the police seek. For example, if the police are looking for illegal weapons, drugs or digital evidence, the warrant should mention this. A vague or overly broad warrant may be invalid.
A judge’s signature and probable cause
For a warrant to be legal, a judge must sign it. The judge must review the facts and determine that there is probable cause. The warrant should include law enforcement’s sworn statement (affidavit) explaining why the search is necessary.
A time limit
Texas law requires that a search warrant be executed within three days of being issued, excluding the day it was signed and any official holidays. If officers do not act within this time, the warrant expires.
What happens if a search warrant is invalid?
All citizens in Texas are protected by the Fourth Amendment of the U.S. Constitution. Evidence obtained may be suppressed if a search warrant does not meet legal requirements.
If you have been charged based on a search of your property, it’s important to check the warrant’s validity. Seeking legal guidance can help you uncover any discrepancies.
