Code of Criminal Procedure · Art. 18.06

Warrants — Execution and Return

Warrants — Execution and Return (Art. 18.06): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Execute the warrant without delay and return it to the proper magistrate
  • Present a copy of the warrant to the owner of the place, or to the person in possession if the owner is absent
  • Before taking property, prepare a written inventory and present a copy to the owner or person in possession
  • If no one is present, leave copies of the warrant and the inventory at the place (Art. 18.06)

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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).