Code of Criminal Procedure · Art. 18.07

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.

The base classification is Statutory deadline, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Standard evidentiary warrant: 3 whole days
  • DNA collection from a person: 15 whole days
  • Day of issuance and day of execution excluded from count
Texas Law — Charge Details
Procedure
Offense
Days Allowed for Execution of Search Warrant
Statute
Tex. Code Crim. Proc. art. 18.07
Classification
Statutory deadline

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.

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Worked examples

Worked example 1

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. 1 day
  2. 3 whole days from the date of issuance, exclusive of the day of issuance and execution Correct
  3. 10 days
  4. 30 days
Why: General rule: a search warrant must be executed within 3 whole days, exclusive of the day of its issuance and the day of execution. DNA-related warrants get 15 whole days. Special anytime/wiretap rules vary.
Statute: Tex. Code Crim. Proc. art. 18.07(a)(3)
Worked example 2

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?

  1. No — must execute immediately
  2. 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
  3. Only with a fresh warrant
  4. Only at midnight
Why: An evidentiary search warrant must be executed within 3 whole days, exclusive of the day of issuance and the day of execution. Same-day execution easily satisfies that rule.
Statute: Tex. Code Crim. Proc. art. 18.07