Code of Criminal Procedure · Art. 18.02

Grounds for Issuance of Search Warrant

Grounds for Issuance of Search Warrant (Art. 18.02): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Property acquired by theft or in any other manner which makes its acquisition a penal offense
  • Property specially designed, made, or adapted for or commonly used in the commission of an offense
  • Arms and munitions kept for insurrection or riot; weapons prohibited by the Penal Code
  • Implements or instruments used in the commission of a crime
  • Any property the possession of which is prohibited by law
  • Evidence of an offense, or tending to show a particular person committed an offense (not the accused's personal writings)

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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