Code of Criminal Procedure · Art. 18.06

Warrants — Execution and Return

Warrants — Execution and Return is covered under Art. 18.06 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: Knock and announce identity and purpose; Wait a reasonable time for response; May dispense with announcement when reasonable suspicion of danger, futility, or destruction of evidence; May force entry if admittance refused.

Elements you must prove

  • Knock and announce identity and purpose
  • Wait a reasonable time for response
  • May dispense with announcement when reasonable suspicion of danger, futility, or destruction of evidence
  • May force entry if admittance refused

Practice 1 question on this topic

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Worked examples

Worked example 1

Texas's 'knock and announce' rule generally requires officers executing a search warrant to:

  1. Always make forced entry without warning
  2. Knock, announce identity and purpose, and wait a reasonable time before forced entry — except when announcing would be dangerous, futile, or would inhibit effective investigation (e.g., destruction of evidence) Correct
  3. Knock only if the home appears occupied
  4. Wait at least 30 minutes before entering
Why: Officers must knock and announce identity and purpose before forced entry, but may dispense with the announcement when they have reasonable suspicion that announcing would be dangerous, futile, or would frustrate the investigation (e.g., risk of destruction of evidence). Texas requires officers to give notice and wait a reasonable time, then may break in if refused entry.
Statute: Tex. Code Crim. Proc. art. 18.06; Wilson v. Arkansas; Richards v. Wisconsin

Statutory definitions for this topic

Knock and announce Wilson v. Arkansas; Richards v. Wisconsin; Tex. Code Crim. Proc. art. 18.06
Officers executing a search warrant must give notice of identity and purpose and wait a reasonable time for response before forced entry — except when announcing would be dangerous, futile, or would inhibit effective investigation (e.g., risk of destruction of evidence).