Search Warrant — Application
A search warrant may not issue except on a sworn affidavit setting forth substantial facts establishing probable cause for issuance. Particularity required: place to be searched and items to be seized. Issued by a neutral and detached magistrate.
To prove this offense, the State must establish each of the following elements: Operational program; Search warrants under Art. 18.01; On-call judges, prosecutors, phlebotomists; No statutory expansion of implied consent.
The base classification is Statutory procedure, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Operational program
- Search warrants under Art. 18.01
- On-call judges, prosecutors, phlebotomists
- No statutory expansion of implied consent
A search warrant may not issue except on a sworn affidavit setting forth substantial facts establishing probable cause for issuance. Particularity required: place to be searched and items to be seized. Issued by a neutral and detached magistrate.
Practice 1 question on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Texas's 'No-Refusal' weekends or events (often around major holidays) are:
- A statutory creation that abolishes implied consent
- An operational practice in which prosecutors and judges are on call to issue search warrants for blood quickly when DWI suspects refuse — using Art. 18 search warrants, not a separate statute Correct
- A federal program
- A separate offense
Statutory definitions for this topic
- No-refusal weekend Tex. Code Crim. Proc. art. 18.01; agency policy
- An operational deployment of judges, prosecutors, and trained phlebotomists to obtain timely search warrants for blood when DWI arrestees refuse — using Art. 18 search warrants. NOT a separate statute.