Texas § CR.18.02 - GROUNDS FOR ISSUANCE

§ CR.18.02. GROUNDS FOR ISSUANCE

GROUNDS FOR ISSUANCE. (a) A search warrant may be issued to search for and seize: (1) property acquired by theft or in any other manner which makes its acquisition a penal offense; (2) property specially designed, made, or adapted for or commonly used in the commission of an offense; (3) arms and munitions kept or prepared for the purposes of insurrection or riot; (4) weapons prohibited by the Penal Code; (5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia; (6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law; (7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state; (8) any property the possession of which is prohibited by law; (9) implements or instruments used in the commission of a crime; (10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense; (11) persons; (12) contraband subject to forfeiture under Chapter 59 of this code; (13) electronic customer data held in electronic storage, including the contents of and records and other information related to a wire communication or electronic communication held in electronic storage; or (14) a cellular telephone or other wireless communications device, subject to Article 18.0215 . (b) For purposes of Subsection (a)(13): (1) "Electronic communication" and "wire communication" have the meanings assigned by Article 18A.001 . (2) "Electronic customer data" and "electronic storage" have the meanings assigned by Article 18B.001 . Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff. Jan. 1, 1974; Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 2, eff. May 25, 1977; Amended by Acts 1981, 67th Leg., p. 2790, ch. 755, Sec. 5, eff. Sept. 1, 1981; Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 3, eff. Oct. 18, 1989; Acts 2003, 78th Leg., ch. 1099, Sec. 16, eff. Sept. 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268 ), Sec. 1, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396 ), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931 ), Sec. 3.03, eff. January 1, 2019.