Transportation Code · Art. 18.01

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.

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

Key points

  • Sworn affidavit
  • Substantial facts establishing probable cause
  • Particularity: place to be searched and items to be seized
  • Issued by a neutral and detached magistrate
Texas Law — Charge Details
Procedure
Offense
Search Warrant — Application
Statute
Tex. Code Crim. Proc. art. 18.01
Classification
Statutory procedure

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.

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Worked examples

Worked example 1

Texas's 'No-Refusal' weekends or events (often around major holidays) are:

  1. A statutory creation that abolishes implied consent
  2. 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
  3. A federal program
  4. A separate offense
Why: 'No-refusal' is a deployment of judges/prosecutors and trained phlebotomists to obtain timely search warrants for blood when DWI arrestees refuse — not a change in statutory authority.
Statute: Tex. Code Crim. Proc. art. 18.01; agency policies

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.