Five Things To Know About a Texas Search Warrant Before You’re Served

Key takeaways:

• In any law enforcement investigation, the officers, deputies, or agents must build a case and this usually requires search warrants to seize evidence for use by the prosecution.

• The search warrant must be supported by a sworn affidavit signed by law enforcement that explains there is probable cause to invade your privacy and seize your property.

• The search warrant must be approved and signed by the judge or magistrate (unless an exception applies).

• There are lots of mandatory requirements to a search warrant, including things like time frames and formalities (think signatures, seals, etc.).

• You have legal protections under constitutional law; statute; and court case precedent against illegal search warrants.

• You have a right to a copy of the warrant and its inventory after the search is over.

• You can be present during the search.

• Your lawyer may find a variety of legal arguments against the evidence collected, the warrant itself, or the process (e.g., fruit of the poisonous tree) which can change a case dramatically.

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Here in Texas, search warrants can originate with either state or federal authorities, issued under either Texas statute or federal law. Maybe it’s a state search warrant served by a Dallas County Constable. Or it could be a federal search warrant served by a Deputy with the U.S. Marshall’s Service.

Either way, federal or state, all search warrants have to meet strictly protected constitutional standards established in the Fourth Amendment to the United States Constitution, which provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

For criminal defense lawyers practicing in Texas, especially for clients facing allegations of things like money laundering (think mules); drug crimes; or health care fraud (like pharmacists; doctors; other health care providers), it’s surprising how little most people know about how search warrants work and what rights they have in the event they are faced with service of a search warrant.

It is very important to understand not only legal rights and protections but the backstory in how a search warrant ended up with your name (or your address, or your car) on it. Accordingly, here are five things to know about a Texas Search Warrant before you are served.

1. How It Begins: There Is A Law Enforcement Investigation

It is not exactly like TV’s Law & Order (in all its versions), but it is true that these real life stories begin with a suspicion by someone employed in law enforcement that a crime has been committed, or illegal activity is ongoing. It could be a police officer or a Texas deputy sheriff, or an agent for the Federal Bureau of Investigation (FBI) or the U.S. Drug Enforcement Administration (DEA). Legally, they have to gather facts which may meet the standards of authentication and admissibility or which may lead to things which do meet the requirements of courtroom evidence. So they start their investigation.

They dig around, talk to people, look at things. They keep track of suspicious behavior; they take some statements. Maybe they think they may find evidence in a certain spot, like a car or SUV, an apartment, a phone or laptop.

If they think they have built a file that is big enough to meet the legal definition of “probable cause” then they are ready to go and ask for a search warrant of that car or home or device. They have to detail their explanation (probable cause) with everything they believe explains how they really have a reasonable basis to think that a crime has occurred and that evidence of that illegal act is at the location named in the warrant.

This detail can’t just be an informal chat with the prosecutor or a quick spin before the bench: there has to be a sworn affidavit completed which meets the formalities of state or federal law. See, e.g., Tex. Code Crim. Proc. Ann. Art. 18.01, 18.02. If the judge or magistrate, having read over that sworn statement, confirms there is probable cause supporting the invasion into the person’s privacy as protected by the Fourth Amendment, then a court order is signed.

This is the official search warrant: an order that commands the law enforcement agent or officer to search for property or things and to seize them. This search has to happen within legal requirements as to time and place (Article 18.10, for instance, mandates that a search warrant has to be returned no later than three days after its execution).

Bottom line: If you are under investigation—or you believe you might be— no law enforcement agent or officer can just barge into your life without following these legal steps to the letter. If they do not follow proper procedure as well as give sufficient sworn support (no lies or gaps or exaggerations), then the defense may have grounds to challenge the search the warrant and the resulting seized evidence.

For more, read: What Happens if Police Lie or Make Mistakes in a Search Warrant?

2. When and How a Search Warrant is Issued

There is a timeline to these things. A search warrant must be obtained (“issued”) before anyone can look at anything – like inside your condo or your car. There are some exceptions to this, however. Warrantless searches are allowed as exceptions to the general rule, and will be discussed in another article.

Under Texas law, a warrant has a time-ticker built into the statute. If these requirements are not met, then the defense has a basis to challenge the execution of the search warrant, even if the documentation itself passes muster.

Under Tex. Code Crim. Proc. Ann. Art. 18.07, entitled “DAYS ALLOWED FOR WARRANT TO RUN,” the parameters are defined (emphasis added):

(a) Unless the magistrate directs in the warrant a shorter period for the execution of any search warrant issued under this chapter, Chapter 18A, or Chapter 18B, the period allowed for the execution of the warrant, exclusive of the day of its issuance and of the day of its execution, is:

(1) 15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples;

(2) 10 whole days if the warrant is issued under Article 18B.354 or Subchapter G-1, Chapter 18B; or

(3) three whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2).

(b) The magistrate issuing a search warrant under this chapter, Chapter 18A, or Chapter 18B shall endorse on the search warrant the date and hour of its issuance.

(c) If a warrant is issued to search for and seize data or information contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed within the time allowed under Subsection (a) if the device was seized before the expiration of the time allowed. Notwithstanding any other law, any data or information contained in or on a device seized may be recovered and analyzed after the expiration of the time allowed under Subsection (a).

Notice the windows for (1) execution as well as (2) return of the warrant with an inventory that lists everything that was taken or “seized” back to the court that signed off on it. Generally, it must be done “not later than three whole days.”

Within the search warrant itself, there are also specific needs. For instance, in Texas the affidavit has to present sufficient facts; the warrant has to include things like the identification of “the State of Texas;” the name and signature of the court and judge or magistrate approving the warrant; as well as the proper name of the person whose property is being searched; and the correct identification of the place to be searched. See, Tex. Code Crim. Proc. Ann. Arts. 18.04, 18.06.

From a criminal defense perspective, practically anyone who thinks they might be served with a search warrant should understand that there has to be a proper and valid search warrant, properly documented and detailed and signed by a judge or magistrate before the search can happen. They need to know they have a right to be shown that search warrant at the time of the search. And they have a right to have the time requirements met both before, during, and after the search as well as the inventory being properly itemized and filed with the court.

3. The Law Protects You Against Illegal Searches and Seizures

Both state and federal law, in addition to the Fourth Amendment, protect people from unjustified intrusions by the government. There are not only constitutional protections and statutes passed by lawmakers here (like the above Texas Code of Criminal Procedure articles), but there is a huge and complicated body of court case precedent that also builds tremendous protections against overstepping police powers.

For instance, read our earlier discussion of the SCOTUS decision in Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978).

These legal protections are at work from that first hint of an investigation into your life to the taking of things under a search warrant and the filing of the inventory after the seizure has happened. There are a lot of them. It’s complicated legal research and each situation is unique. See, Tiffany C. Li, State Constitutional Rights to Privacy, 59 Geo. L. Rev. 1311 (2025).

Anyone subjected to a search warrant has every right to question if things have been done either by error or mistake, or by intentional misconduct, that invalidates that search and seizure. They also have rights during the search itself, not only to see the warrant but to confirm if the search is being done outside of the descriptions within it (are the officers going outside of the location identified in the warrant?). These can be presented to the judge by the defense in a later motion hearing. Read, What is a Motion to Suppress?

Caveat: any savvy defense lawyer realizes how emotionally stressful and triggering it can be when law enforcement appears with a search warrant. It’s understandable to be afraid or terrified; angry or enraged. It’s vital that you remain in control, however. It can be problematic for you in several ways if you try to interfere with the officers even if you are positive they are doing something wrong. Just take note of what is going on for use later in court.

Of note, if you ask “am I being detained or can I leave” and you are told you are free to leave, then you have every legal right to walk away. If they say you are being detained or arrested, then you have a legal right to counsel right then. Make the call.

4. What to Do and How to Behave when the Warrant is Served and Your Stuff is Taken

If you have a gut call or a hunch or intuition that there is a law enforcement investigation that might include you or your property, then it is never too soon to proactively get the support of an experienced criminal defense lawyer to help you. This is particularly helpful if you think that you may be the target of a state or federal search warrant at your home or office or place of business.

It may be that the defense lawyer will be able to find out details, including coordinating the search. If not, it is important to understand the importance of your actions and behavior when law enforcement arrives with a search warrant.

Know the following:

You have a right to a copy of the search warrant if you are present at the time. See, Tex. Code Crim. Proc. Ann. Arts. 18.13.

The law enforcement agent or officer can only search as described in the warrant. If your mother is visiting, they cannot search her car unless it’s identified in the warrant. They can search your car if it is identified in the warrant.

You may be asked to give consent for them to search outside the warrant, but you have no legal obligation to allow it. If your lawyer isn’t there to shield you here, then just be polite and say something like you need to ask your attorney about that.

If they find something they want to take with them (“seize”), then the officer has to describe that item in the written inventory alongside their name. This is true for each and every item taken.

You have a right to a copy of the completed inventory when the search is done.

If you aren’t there when they do the search, a copy of both the search warrant and the finalized inventory must be left there for you to find when you arrive.

Even though you have a right to a copy of the search warrant, it will not be a legal defense to your case if they don’t give it to you. People often believe that it is a defense. But it’s not.

It may be that you are arrested at the time of the search. Remember you have a right to remain silent, and exercise that right. Wait for your lawyer before you make statements. Any statements. It’s not rude to be quiet.

5. Evidence Challenges by the Defense to Search Warrant Seizure

Search warrants are the backbone of any criminal prosecution. If the search results in a seizure of things that are directly related to elements of a criminal statute, then the government can build a case against you. If the search was done properly, then there may be strong evidence in support of their charges. If the search has flaws or failures, then the defense may be able to suppress the seized evidence. It may lead to lesser charges. It may mean dismissal of the case.

People need to understand how big of a difference a search or seizure can be in a criminal matter. It is a huge part of the defense’s job to comb through every facet of that warrant and its resulting inventory of seized evidence.

Fruit of the Poisonous Tree Doctrine

For instance, legally there is something called the “fruit of the poisonous tree” doctrine. This is a longstanding legal principle under federal and state law that demands that if the government obtains evidence illegally, then the evidence derived from it is tainted and may be excluded no matter how critical or obvious it may be to the prosecution’s case. It is fruit from a poisonous tree.

For example, in the case of St. George v. State, 237 S.W.3d 720 (Tex. Crim.App.2007), Jeffrey St. George was a passenger in a car that was stopped by two Hood County deputy sheriffs for a bad license plate light. Suzanne St. George was driving. She was asked for her identification, car registration, etc. While Jeffrey was not driving he was nevertheless repeatedly asked by the deputies for his name and date of birth. He was told he couldn’t leave until he gave this information. His response: “The problem is you’re questioning someone who is not even driving a car and just sitting here and she got her ticket and there shouldn’t be any other problem here.”

He was right under the law (as the High Court recognized on appeal). Nevertheless, the deputies arrested him and in a search subsequent to that arrest, found marijuana in his pocket which led to drug charges. His lawyer appealed this and won: the search and seizure evidence was found to be in violation of the “fruit of the poisonous tree” doctrine. St.George, 237 S.W.3d at 725-6.

Criminal Defense: Search Warrants and Seized Evidence in Texas

After a successful defense challenge to a search warrant, then there may be arguments to suppress some evidence or to dismiss the charges in their totality. If the prosecution cannot meet the burden of proof regarding one element of the underlying criminal offense without that excluded evidence, then a dismissal may be in order.

Each case is different. Each investigation depends upon the individuals involved. Knowing as much as you can about your legal rights, especially if you are concerned you may be targeted in a criminal investigation and served with a search warrant, is very wise.

For more, read:

• Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview;

• How Arrests Happen: From Investigation to Arraignment, Being Charged for a Federal Crime;

• The Federal Criminal Justice System: After Arrest, From Arraignment to Sentencing;

• Why You May Need a Federal Criminal Defense Lawyer in Texas;

• The Importance of a Probable Cause Affidavit in Texas Criminal Defense; and

• What is Probable Cause for Police to Arrest in Texas?

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Published by Michael Lowe, Esq., Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2007; for more information from Mr. Lowe, check out his videos on YouTube.

Statutory references and case law current as reviewed on date of publication.

Recommended Citation: Michael Lowe, Esq., Five Things To Know About a Texas Search Warrant Before You’re Served,  DallasJustice.com Criminal Law Blog (October 2025); https://www.dallasjustice.com/dallascriminallawyerblog/.

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For more information, check out our web resources, read Michael Lowe’s Case Results, and read his in-depth article, “Pre-Arrest Criminal Investigations.”