articles Flashcards

(52 cards)

1
Q

Art. 5.01. LEGISLATIVE STATEMENT

A

its members. Victims of
family violence are entitled to the maximum protection from harm or
abuse or the threat of harm or abuse as is permitted by law.
(b) In any law enforcement, prosecutorial, or judicial response
to allegations of family violence, the responding law enforcement or
judicial officers shall protect the victim, without regard to the
relationship between the alleged offender and victim.

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2
Q

Art. 5.02. DEFINITIONS

A

In this chapter, “family violence,”
“family,” “household,” and “member of a household” have the meanings
assigned by Chapter 71, Family Code.

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3
Q

Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN
EXCEPTION TO OFFICIAL DUTIES.

A

A general duty prescribed for an
officer by Chapter 2 of this code is not waived or excepted in any
family violence case or investigation because of a family or
household relationship between an alleged violator and the victim of
family violence. A peace officer’s or a magistrate’s duty to prevent
the commission of criminal offenses, including acts of family
violence, is not waived or excepted because of a family or household
relationship between the potential violator and victim.

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4
Q

Art. 5.04. DUTIES OF PEACE OFFICERS

A

(a) The primary duties of a peace officer who investigates a family violence allegation or who
responds to a disturbance call that may involve family violence are
to protect any potential victim of family violence, enforce the law
of this state, enforce a protective order from another jurisdiction
as provided by Chapter 88, Family Code, and make lawful arrests of
violators.
(a-1) A peace officer who investigates a family violence
allegation or who responds to a disturbance call that may involve
family violence shall determine whether the address of the persons
involved in the allegation or call matches the address of a current
licensed foster home or verified agency foster home listed in the
Texas Crime Information Center.
(b) A peace officer who investigates a family violence
allegation or who responds to a disturbance call that may involve
family violence shall advise any possible adult victim of all
reasonable means to prevent further family violence, including giving
written notice of a victim’s legal rights and remedies and of the
availability of shelter or other community services for family
violence victims.
(c) A written notice required by Subsection (b) of this article
is sufficient if it is in substantially the following form with the
required information in English and in Spanish inserted in the
notice:
“It is a crime for any person to cause you any physical injury
or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR
FAMILY OR HOUSEHOLD.
“NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
“Please tell the investigating peace officer:
“IF you, your child, or any other household resident has been
injured; or
“IF you feel you are going to be in danger when the officer
leaves or later.
“You have the right to:
“ASK the local prosecutor to file a criminal complaint against
the person committing family violence; and
“APPLY to a court for an order to protect you (you should
consult a legal aid office, a prosecuting attorney, or a private
attorney). If a family or household member assaults you and is
arrested, you may request that a magistrate’s order for emergency
protection be issued. Please inform the investigating officer if you
want an order for emergency protection. You need not be present when
the order is issued. You cannot be charged a fee by a court in
connection with filing, serving, or entering a protective order. For
example, the court can enter an order that:
“(1) the abuser not commit further acts of violence;
“(2) the abuser not threaten, harass, or contact you at home;
“(3) directs the abuser to leave your household; and
“(4) establishes temporary custody of the children and directs
the abuser not to interfere with the children or any property.
“A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION
(such as (1) and (2) above) MAY BE A FELONY.
“CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF
YOU NEED PROTECTION:
“____________________________
“____________________________.”

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5
Q

Art. 5.045. STANDBY ASSISTANCE; LIABILITY

A

(a) In the
discretion of a peace officer, the officer may stay with a victim of
family violence to protect the victim and allow the victim to take
the personal property of the victim or of a child in the care of the
victim to a place of safety in an orderly manner.
(b) A peace officer who provides assistance under Subsection (a)
of this article is not:
(1) civilly liable for an act or omission of the officer that
arises in connection with providing the assistance or determining
whether to provide the assistance; or
(2) civilly or criminally liable for the wrongful appropriation
of any personal property by the victim.

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6
Q

Art. 5.05. REPORTS AND RECORDS

A

(a) A peace officer who
investigates a family violence incident or who responds to a
disturbance call that may involve family violence shall make a
written report, including but not limited to:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;
(4) a description of the incident and a statement of its
disposition; and
(5) whether the suspect is a member of the state military
forces or is serving in the armed forces of the United States in an
active-duty status.
(a-1) In addition to the written report required under
Subsection (a), a peace officer who investigates a family violence
incident or who responds to a disturbance call that may involve
family violence shall make a report to the Department of Family and
Protective Services if the location of the incident or call, or the
known address of a person involved in the incident or call, matches
the address of a current licensed foster home or a verified agency
foster home as listed in the Texas Crime Information Center. The
report under this subsection may be made orally or electronically and
must:
(1) include the information required by Subsection (a); and
(2) be filed with the Department of Family and Protective
Services within 24 hours of the beginning of the investigation or
receipt of the disturbance call.
(a-2) If a suspect is identified as being a member of the
military, as described by Subsection (a)(5), the peace officer shall
provide written notice of the incident or disturbance call to the
staff judge advocate at Joint Force Headquarters or the provost
marshal of the military installation to which the suspect is assigned
with the intent that the commanding officer will be notified, as
applicable.
(b) Each local law enforcement agency shall establish a
departmental code for identifying and retrieving family violence
reports as outlined in Subsection (a) of this section. A district or
county attorney or an assistant district or county attorney
exercising authority in the county where the law enforcement agency
maintains records under this section is entitled to access to the
records. The Department of Family and Protective Services is
entitled to access the records relating to any person who is 14 years
of age or older and who resides in a licensed foster home or a
verified agency foster home.
(c) In order to ensure that officers responding to calls are
aware of the existence and terms of protective orders, each municipal
police department and sheriff shall establish procedures within the
department or office to provide adequate information or access to
information for law enforcement officers of the names of persons
protected by a protective order and of persons to whom protective
orders are directed.
(d) Each law enforcement officer shall accept a certified copy
of an original or modified protective order as proof of the validity
of the order and it is presumed the order remains valid unless:
(1) the order contains a termination date that has passed;
(2) it is more than one year after the date the order was
issued; or
(3) the law enforcement officer has been notified by the clerk
of the court vacating the order that the order has been vacated.
(e) A peace officer who makes a report under Subsection (a) of
this article shall provide information concerning the incident or
disturbance to the bureau of identification and records of the
Department of Public Safety for its recordkeeping function under
Section 411.042, Government Code. The bureau shall prescribe the
form and nature of the information required to be reported to the
bureau by this article.
(f) On request of a victim of an incident of family violence,
the local law enforcement agency responsible for investigating the
incident shall provide the victim, at no cost to the victim, with any
information that is:
(1) contained in the written report prepared under
Subsection (a);
(2) described by Subsection (a)(1) or (2); and
(3) not exempt from disclosure under Chapter 552,
Government Code, or other law.

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7
Q

Art. 8.04. DISPERSING RIOT

A

Whenever a number of persons are
assembled together in such a manner as to constitute a riot,
according to the penal law of the State, it is the duty of every
magistrate or peace officer to cause such persons to disperse. This
may either be done by commanding them to disperse or by arresting the
persons engaged, if necessary, either with or without warrant.

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8
Q

Art. 8.06. MEANS ADOPTED TO SUPPRESS

A

The officer engaged in
suppressing a riot, and those who aid him are authorized and
justified in adopting such measures as are necessary to suppress the
riot, but are not authorized to use any greater degree of force than
is requisite to accomplish that object.

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9
Q

Art. 8.07. UNLAWFUL ASSEMBLY

A

The Articles of this Chapter
relating to the suppression of riots apply equally to an unlawful
assembly and other unlawful disturbances, as defined by the Penal
Code.

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10
Q

Art. 14.01. OFFENSE WITHIN VIEW.

A

(a) A peace officer or any
other person, may, without a warrant, arrest an offender when the
offense is committed in his presence or within his view, if the
offense is one classed as a felony or as an offense against the
public peace.
(b) A peace officer may arrest an offender without a warrant for
any offense committed in his presence or within his view.

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11
Q

Art. 14.02. WITHIN VIEW OF MAGISTRATE

A

A peace officer may
arrest, without warrant, when a felony or breach of the peace has
been committed in the presence or within the view of a magistrate,
and such magistrate verbally orders the arrest of the offender.

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12
Q

Art. 14.03. AUTHORITY OF PEACE OFFICERS

A

(a) Any peace officer
may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been
guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause to
believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause to
believe have committed an offense defined by Section 25.07, Penal
Code, if the offense is not committed in the presence of the peace
officer;
(4) persons who the peace officer has probable cause to
believe have committed an offense involving family violence;
(5) persons who the peace officer has probable cause to
believe have prevented or interfered with an individual’s ability to
place a telephone call in an emergency, as defined by Section
42.062(d), Penal Code, if the offense is not committed in the
presence of the peace officer; or
(6) a person who makes a statement to the peace officer
that would be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed a
felony.
(b) A peace officer shall arrest, without a warrant, a person
the peace officer has probable cause to believe has committed an
offense under Section 25.07, Penal Code, if the offense is committed
in the presence of the peace officer.
(c) If reasonably necessary to verify an allegation of a
violation of a protective order or of the commission of an offense
involving family violence, a peace officer shall remain at the scene
of the investigation to verify the allegation and to prevent the
further commission of the violation or of family violence.
(d) A peace officer who is outside his jurisdiction may arrest,
without warrant, a person who commits an offense within the officer’s
presence or view, if the offense is a felony, a violation of Chapter
42 or 49, Penal Code, or a breach of the peace. A peace officer
making an arrest under this subsection shall, as soon as practicable
after making the arrest, notify a law enforcement agency having
jurisdiction where the arrest was made. The law enforcement agency
shall then take custody of the person committing the offense and take
the person before a magistrate in compliance with Article 14.06 of
this code.
(e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is
performing a duty required by this article.
(f) In this article, “family violence” has the meaning assigned
by Section 71.004, Family Code.
(g)(1) A peace officer listed in Subdivision (1), (2), or (5),
Article 2.12, who is licensed under Chapter 1701, Occupations Code,
and is outside of the officer’s jurisdiction may arrest without a
warrant a person who commits any offense within the officer’s
presence or view, other than a violation of Subtitle C, Title 7,
Transportation Code.
(2) A peace officer listed in Subdivision (3), Article
2.12, who is licensed under Chapter 1701, Occupations Code, and is
outside of the officer’s jurisdiction may arrest without a warrant a
person who commits any offense within the officer’s presence or view,
except that an officer described in this subdivision who is outside
of that officer’s jurisdiction may arrest a person for a violation of
Subtitle C, Title 7, Transportation Code, only if the offense is
committed in the county or counties in which the municipality
employing the peace officer is located.
(3) A peace officer making an arrest under this subsection
shall as soon as practicable after making the arrest notify a law
enforcement agency having jurisdiction where the arrest was made.
The law enforcement agency shall then take custody of:
(A) the person committing the offense and take the
person before a magistrate in compliance with Article 14.06; and
(B) any property seized during or after the arrest as
if the property had been seized by a peace officer of that law
enforcement agency.

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13
Q

Art. 14.031. PUBLIC INTOXICATION

A

(a) In lieu of arresting an
individual who is not a child, as defined by Section 51.02, Family
Code, and who commits an offense under Section 49.02, Penal Code, a
peace officer may release the individual if:
(1) the officer believes detention in a penal facility is
unnecessary for the protection of the individual or others; and
(2) the individual:
(A) is released to the care of an adult who agrees to
assume responsibility for the individual; or
(B) verbally consents to voluntary treatment for
chemical dependency in a program in a treatment facility licensed and
approved by the Texas Commission on Alcohol and Drug Abuse, and the
program admits the individual for treatment.
(b) A magistrate may release from custody an individual who is
not a child, as defined by Section 51.02, Family Code, and who is arrested under Section 49.02, Penal Code, if the magistrate
determines the individual meets the conditions required for release
in lieu of arrest under Subsection (a) of this article.
(c) The release of an individual under Subsection (a) or (b) of
this article to an alcohol or drug treatment program may not be
considered by a peace officer or magistrate in determining whether
the individual should be released to such a program for a subsequent
incident or arrest under Section 49.02, Penal Code.
(d) A peace officer and the agency or political subdivision that
employs the peace officer may not be held liable for damage to
persons or property that results from the actions of an individual
released under Subsection (a) or (b) of this article.

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14
Q

Art. 14.04. WHEN FELONY HAS BEEN COMMITTED

A

Where it is shown
by satisfactory proof to a peace officer, upon the representation of
a credible person, that a felony has been committed, and that the
offender is about to escape, so that there is no time to procure a
warrant, such peace officer may, without warrant, pursue and arrest
the accused.

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15
Q

Art. 14.05. RIGHTS OF OFFICER

A

In each case enumerated where
arrests may be lawfully made without warrant, the officer or person
making the arrest is justified in adopting all the measures which he
might adopt in cases of arrest under warrant, except that an officer
making an arrest without a warrant may not enter a residence to make
the arrest unless:
(1) a person who resides in the residence consents to the entry;
or
(2) exigent circumstances require that the officer making the
arrest enter the residence without the consent of a resident or
without a warrant.

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16
Q

Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION.

A

(a) A peace officer commissioned and authorized by another state to
make arrests for felonies who is in fresh pursuit of a person for the
purpose of arresting that person for a felony may continue the
pursuit into this state and arrest the person.
(b) In this article, “fresh pursuit” means a pursuit without
unreasonable delay by a peace officer of a person the officer
reasonably suspects has committed a felony.

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17
Q

Art. 14.055. DUTY OF OFFICER TO NOTIFY PROBATE COURT

A

(a) In
this article, “ward” has the meaning assigned by Section 22.033,
Estates Code.
(b) As soon as practicable, but not later than the first
working day after the date a peace officer detains or arrests a
person who is a ward, the peace officer or the person having custody
of the ward shall notify the court having jurisdiction over the
ward’s guardianship of the ward’s detention or arrest.

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18
Q

Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE

A

a) Except
as otherwise provided by this article, in each case enumerated in
this Code, the person making the arrest or the person having custody
of the person arrested shall take the person arrested or have him
taken without unnecessary delay, but not later than 48 hours after
the person is arrested, before the magistrate who may have ordered
the arrest, before some magistrate of the county where the arrest was
made without an order, or, to provide more expeditiously to the
person arrested the warnings described by Article 15.17 of this Code,
before a magistrate in any other county of this state. The magistrate
shall immediately perform the duties described in Article 15.17 of
this Code.
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person must
appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or underlined
type or in capital letters:
“If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent, or
guardian of the victim or are or were involved in another, similar
relationship with the victim, it may be unlawful for you to possess
or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9)
or Section 46.04(b), Texas Penal Code. If you have any questions
whether these laws make it illegal for you to possess or purchase a
firearm, you should consult an attorney.”
(c) If the person resides in the county where the offense
occurred, a peace officer who is charging a person with committing an
offense that is a Class A or B misdemeanor may, instead of taking the
person before a magistrate, issue a citation to the person that
contains written notice of the time and place the person must appear
before a magistrate of this state as described by Subsection (a), the
name and address of the person charged, and the offense charged.
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the offense
is punishable under Subsection (b)(1) or (2) of that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that section;
(2) Section 28.03, Penal Code, if the offense is punishable
under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is punishable
under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is punishable
under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is punishable
under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.

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19
Q

Art. 14.05. RIGHTS OF OFFICER

A

In each case enumerated where
arrests may be lawfully made without warrant, the officer or person
making the arrest is justified in adopting all the measures which he
might adopt in cases of arrest under warrant, except that an officer
making an arrest without a warrant may not enter a residence to make
the arrest unless:
(1) a person who resides in the residence consents to the entry;
or
(2) exigent circumstances require that the officer making the
arrest enter the residence without the consent of a resident or
without a warrant.

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20
Q

Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION.

A

(a) A peace officer commissioned and authorized by another state to
make arrests for felonies who is in fresh pursuit of a person for the
purpose of arresting that person for a felony may continue the
pursuit into this state and arrest the person.
(b) In this article, “fresh pursuit” means a pursuit without
unreasonable delay by a peace officer of a person the officer
reasonably suspects has committed a felony.

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21
Q

Art. 14.055. DUTY OF OFFICER TO NOTIFY PROBATE COURT

A

(a) In
this article, “ward” has the meaning assigned by Section 22.033,
Estates Code.
(b) As soon as practicable, but not later than the first
working day after the date a peace officer detains or arrests a
person who is a ward, the peace officer or the person having custody
of the ward shall notify the court having jurisdiction over the
ward’s guardianship of the ward’s detention or arrest.

22
Q

Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE

A

a) Except
as otherwise provided by this article, in each case enumerated in
this Code, the person making the arrest or the person having custody
of the person arrested shall take the person arrested or have him
taken without unnecessary delay, but not later than 48 hours after
the person is arrested, before the magistrate who may have ordered
the arrest, before some magistrate of the county where the arrest was
made without an order, or, to provide more expeditiously to the
person arrested the warnings described by Article 15.17 of this Code,
before a magistrate in any other county of this state. The magistrate
shall immediately perform the duties described in Article 15.17 of
this Code.
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person must
appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or underlined
type or in capital letters:
“If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent, or
guardian of the victim or are or were involved in another, similar
relationship with the victim, it may be unlawful for you to possess
or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9)
or Section 46.04(b), Texas Penal Code. If you have any questions
whether these laws make it illegal for you to possess or purchase a
firearm, you should consult an attorney.”
(c) If the person resides in the county where the offense
occurred, a peace officer who is charging a person with committing an
offense that is a Class A or B misdemeanor may, instead of taking the
person before a magistrate, issue a citation to the person that
contains written notice of the time and place the person must appear
before a magistrate of this state as described by Subsection (a), the
name and address of the person charged, and the offense charged.
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the offense
is punishable under Subsection (b)(1) or (2) of that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that section;
(2) Section 28.03, Penal Code, if the offense is punishable
under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is punishable
under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is punishable
under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is punishable
under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.

23
Q

Art. 15.01. WARRANT OF ARREST

A

A “warrant of arrest” is a
written order from a magistrate, directed to a peace officer or some
other person specially named, commanding him to take the body of the
person accused of an offense, to be dealt with according to law.

24
Q

Art. 15.02. REQUISITES OF WARRANT.

A

It issues in the name of
“The State of Texas”, and shall be sufficient, without regard to
form, if it have these substantial requisites:
1. It must specify the name of the person whose arrest is
ordered, if it be known, if unknown, then some reasonably definite
description must be given of him.
2. It must state that the person is accused of some offense
against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named
in the body of the warrant, or in connection with his signature.

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Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS.
(a) A magistrate may issue a warrant of arrest or a summons: 1. In any case in which he is by law authorized to order verbally the arrest of an offender; 2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and 3. In any case named in this Code where he is specially authorized to issue warrants of arrest. (b) A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address. If a defendant fails to appear in response to the summons a warrant shall be issued. (c) For purposes of Subdivision 2, Subsection (a), a person may appear before the magistrate in person or the person's image may be presented to the magistrate through an electronic broadcast system. (d) A recording of the communication between the person and the magistrate must be made if the person's image is presented through an electronic broadcast system under Subsection (c). If the defendant is charged with the offense, the recording must be preserved until: (1) the defendant is acquitted of the offense; or (2) all appeals relating to the offense have been exhausted. (e) The counsel for the defendant may obtain a copy of the recording on payment of an amount reasonably necessary to cover the costs of reproducing the recording. (f) In this article, "electronic broadcast system" means a twoway electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing.
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Art. 15.04. COMPLAINT.
The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.
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Art. 15.05. REQUISITES OF COMPLAINT
The complaint shall be sufficient, without regard to form, if it have these substantial requisites: 1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him. 2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense. 3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant. 4. It must be signed by the affiant by writing his name or affixing his mark.
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Art. 15.051. REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT | PROHIBITED.
(a) A peace officer or an attorney representing the state may not require a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code. (b) If a peace officer or an attorney representing the state requests a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense listed in Subsection (a), the officer or attorney must inform the complainant that the examination is not required and that a complaint may not be dismissed solely: (1) because a complainant did not take a polygraph examination; or (2) on the basis of the results of a polygraph examination taken by the complainant. (c) A peace officer or an attorney representing the state may not take a polygraph examination of a person who charges or seeks to charge the commission of an offense listed in Subsection (a) unless the officer or attorney provides the information in Subsection (b) to the person and the person signs a statement indicating the person understands the information. (d) A complaint may not be dismissed solely: (1) because a complainant did not take a polygraph examination; or (2) on the basis of the results of a polygraph examination taken by the complainant.
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Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE.
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State.
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Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE.
When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except: 1. It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State; or 2. If it be endorsed by any magistrate in the county in which the accused is found, it may be executed in such county. The endorsement may be: "Let this warrant be executed in the county of ..........". Or, if the endorsement is made by a judge of a court of record, then the endorsement may be: "Let this warrant be executed in any county of the State of Texas". Any other words of the same meaning will be sufficient. The endorsement shall be dated, and signed officially by the magistrate making it.
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Art. 15.16. HOW WARRANT IS EXECUTED.
(a) The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested. If the issuing or named magistrate is in another county, the person arrested shall without unnecessary delay be taken before some magistrate in the county in which he was arrested. (b) Notwithstanding Subsection (a), to provide more expeditiously to the person arrested the warnings described by Article 15.17, the officer or person executing the arrest warrant may as permitted by that article take the person arrested before a magistrate in a county other than the county of arrest.
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Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.
(a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state. The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of a videoconference. The magistrate shall inform in clear language the person arrested, either in person or through a videoconference, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial. The magistrate shall also inform the person arrested of the person's right to request the appointment of counsel if the person cannot afford counsel. The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel. If the person does not speak and understand the English language or is deaf, the magistrate shall inform the person in a manner consistent with Articles 38.30 and 38.31, as appropriate. The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time. If the person arrested is indigent and requests appointment of counsel and if the magistrate is authorized under Article 26.04 to appoint counsel for indigent defendants in the county, the magistrate shall appoint counsel in accordance with Article 1.051. If the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel. The magistrate shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him. The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel and shall, after determining whether the person is currently on bail for a separate criminal offense, admit the person arrested to bail if allowed by law. A record of the communication between the arrested person and the magistrate shall be made. The record shall be preserved until the earlier of the following dates: (1) the date on which the pretrial hearing ends; or (2) the 91st day after the date on which the record is made if the person is charged with a misdemeanor or the 120th day after the date on which the record is made if the person is charged with a felony. For purposes of this subsection, "videoconference" means a two-way electronic communication of image and sound between the arrested person and the magistrate and includes secure Internet videoconferencing. (a-1) If a magistrate is provided written or electronic notice of credible information that may establish reasonable cause to believe that a person brought before the magistrate has a mental illness or is a person with an intellectual disability, the magistrate shall conduct the proceedings described by Article 16.22 or 17.032, as appropriate. (b) After an accused charged with a misdemeanor punishable by fine only is taken before a magistrate under Subsection (a) and the magistrate has identified the accused with certainty, the magistrate may release the accused without bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court. The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order. The accused shall receive a copy of the order on release. If an accused fails to appear as required by the order, the judge of the court in which the accused is required to appear shall issue a warrant for the arrest of the accused. If the accused is arrested and brought before the judge, the judge may admit the accused to bail, and in admitting the accused to bail, the judge should set as the amount of bail an amount double that generally set for the offense for which the accused was arrested. This subsection does not apply to an accused who has previously been convicted of a felony or a misdemeanor other than a misdemeanor punishable by fine only. (c) When a deaf accused is taken before a magistrate under this article or Article 14.06 of this Code, an interpreter appointed by the magistrate qualified and sworn as provided in Article 38.31 of this Code shall interpret the warning required by those articles in a language that the accused can understand, including but not limited to sign language. (d) If a magistrate determines that a person brought before the magistrate after an arrest authorized by Article 14.051 of this code was arrested unlawfully, the magistrate shall release the person from custody. If the magistrate determines that the arrest was lawful, the person arrested is considered a fugitive from justice for the purposes of Article 51.13 of this code, and the disposition of the person is controlled by that article. (e) In each case in which a person arrested is taken before a magistrate as required by Subsection (a) or Article 15.18(a), a record shall be made of: (1) the magistrate informing the person of the person's right to request appointment of counsel; (2) the magistrate asking the person whether the person wants to request appointment of counsel; and (3) whether the person requested appointment of counsel. (f) A record required under Subsection (a) or (e) may consist of written forms, electronic recordings, or other documentation as authorized by procedures adopted in the county under Article 26.04(a). The counsel for the defendant may obtain a copy of the record on payment of a reasonable amount to cover the costs of reproduction or, if the defendant is indigent, the court shall provide a copy to the defendant without charging a cost for the copy. (g) If a person charged with an offense punishable as a misdemeanor appears before a magistrate in compliance with a citation issued under Article 14.06(b) or (c), the magistrate shall perform the duties imposed by this article in the same manner as if the person had been arrested and brought before the magistrate by a peace officer. After the magistrate performs the duties imposed by this article, the magistrate except for good cause shown may release the person on personal bond. If a person who was issued a citation under Article 14.06(c) fails to appear as required by that citation, the magistrate before which the person is required to appear shall issue a warrant for the arrest of the accused.
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Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE
(a) A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place or, to provide more expeditiously to the arrested person the warnings described by Article 15.17, before a magistrate in any other county of this state, including the county where the warrant was issued. The magistrate shall: (1) take bail, if allowed by law, and, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction of the offense; or (2) in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate. (a-1) If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall inform the person arrested of the procedures for requesting appointment of counsel and ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time. If the person requests the appointment of counsel, the magistrate shall, without unnecessary delay but not later than 24 hours after the person requested the appointment of counsel, transmit, or cause to be transmitted, the necessary request forms to a court or the courts' designee authorized under Article 26.04 to appoint counsel in the county issuing the warrant. (b) Before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case under Subsection (a)(2), the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense: (1) the written plea; (2) any orders entered in the case; and (3) any fine or costs collected in the case. (c) The arrested person may be taken before a magistrate by means of an electronic broadcast system as provided by and subject to the requirements of Article 15.17. (d) This article does not apply to an arrest made pursuant to a capias pro fine issued under Chapter 43 or Article 45.045.
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Art. 15.22. WHEN A PERSON IS ARRESTED.
A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
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Art. 15.23. TIME OF ARREST.
An arrest may be made on any day or | at any time of the day or night.
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Art. 15.24. WHAT FORCE MAY BE USED.
In making an arrest, all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
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Art. 15.25. MAY BREAK DOOR.
In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.
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Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN.
In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, provided the warrant was issued under the provisions of this Code, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of arrest he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The arrest warrant, and any affidavit presented to the magistrate in support of the issuance of the warrant, is public information, and beginning immediately when the warrant is executed the magistrate's clerk shall make a copy of the warrant and the affidavit available for public inspection in the clerk's office during normal business hours. A person may request the clerk to provide copies of the warrant and affidavit on payment of the cost of providing the copies.
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Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED.
(a) A law enforcement agency that arrests any person or refers a child to the office or official designated by the juvenile board who the agency believes is enrolled as a student in a public primary or secondary school, for an offense listed in Subsection (h), shall attempt to ascertain whether the person is so enrolled. If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the head of the agency or a person designated by the head of the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of that arrest or referral within 24 hours after the arrest or referral is made, or before the next school day, whichever is earlier. If the law enforcement agency cannot ascertain whether the individual is enrolled as a student, the head of the agency or a person designated by the head of the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is believed to be enrolled of that arrest or detention within 24 hours after the arrest or detention, or before the next school day, whichever is earlier. If the individual is a student, the superintendent or the superintendent's designee shall immediately notify all instructional and support personnel who have responsibility for supervision of the student. All personnel shall keep the information received in this subsection confidential. The State Board for Educator Certification may revoke or suspend the certification of personnel who intentionally violate this subsection. Within seven days after the date the oral notice is given, the head of the law enforcement agency or the person designated by the head of the agency shall mail written notification, marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the superintendent or the person designated by the superintendent. The written notification must include the facts contained in the oral notification, the name of the person who was orally notified, and the date and time of the oral notification. Both the oral and written notice shall contain sufficient details of the arrest or referral and the acts allegedly committed by the student to enable the superintendent or the superintendent's designee to determine whether there is a reasonable belief that the student has engaged in conduct defined as a felony offense by the Penal Code. The information contained in the notice shall be considered by the superintendent or the superintendent's designee in making such a determination. (a-1) The superintendent or a person designated by the superintendent in the school district shall send to a school district employee having direct supervisory responsibility over the student the information contained in the confidential notice under Subsection (a). (b) On conviction, deferred prosecution, or deferred adjudication or an adjudication of delinquent conduct of an individual enrolled as a student in a public primary or secondary school, for an offense or for any conduct listed in Subsection (h) of this article, the office of the prosecuting attorney acting in the case shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of the conviction or adjudication and whether the student is required to register as a sex offender under Chapter 62. Oral notification must be given within 24 hours of the time of the order or before the next school day, whichever is earlier. The superintendent shall, within 24 hours of receiving notification from the office of the prosecuting attorney, or before the next school day, whichever is earlier, notify all instructional and support personnel who have regular contact with the student. Within seven days after the date the oral notice is given, the office of the prosecuting attorney shall mail written notice, which must contain a statement of the offense of which the individual is convicted or on which the adjudication, deferred adjudication, or deferred prosecution is grounded and a statement of whether the student is required to register as a sex offender under Chapter 62. (c) A parole, probation, or community supervision office, including a community supervision and corrections department, a juvenile probation department, the paroles division of the Texas Department of Criminal Justice, and the Texas Juvenile Justice Department, having jurisdiction over a student described by Subsection (a), (b), or (e) who transfers from a school or is subsequently removed from a school and later returned to a school or school district other than the one the student was enrolled in when the arrest, referral to a juvenile court, conviction, or adjudication occurred shall within 24 hours of learning of the student's transfer or reenrollment, or before the next school day, whichever is earlier, notify the superintendent or a person designated by the superintendent of the school district to which the student transfers or is returned or, in the case of a private school, the principal or a school employee designated by the principal of the school to which the student transfers or is returned of the arrest or referral in a manner similar to that provided for by Subsection (a) or (e)(1), or of the conviction or delinquent adjudication in a manner similar to that provided for by Subsection (b) or (e)(2). The superintendent of the school district to which the student transfers or is returned or, in the case of a private school, the principal of the school to which the student transfers or is returned shall, within 24 hours of receiving notification under this subsection or before the next school day, whichever is earlier, notify all instructional and support personnel who have regular contact with the student. (e)(1) A law enforcement agency that arrests, or refers to a juvenile court under Chapter 52, Family Code, an individual who the law enforcement agency knows or believes is enrolled as a student in a private primary or secondary school shall make the oral and written notifications described by Subsection (a) to the principal or a school employee designated by the principal of the school in which the student is enrolled. (2) On conviction, deferred prosecution, or deferred adjudication or an adjudication of delinquent conduct of an individual enrolled as a student in a private primary or secondary school, the office of prosecuting attorney shall make the oral and written notifications described by Subsection (b) of this article to the principal or a school employee designated by the principal of the school in which the student is enrolled. (3) The principal of a private school in which the student is enrolled or a school employee designated by the principal shall send to a school employee having direct supervisory responsibility over the student the information contained in the confidential notice, for the same purposes as described by Subsection (a-1) of this article. (f) A person who receives information under this article may not disclose the information except as specifically authorized by this article. A person who intentionally violates this article commits an offense. An offense under this subsection is a Class C misdemeanor. (g) The office of the prosecuting attorney or the office or official designated by the juvenile board shall, within two working days, notify the school district that removed a student to a disciplinary alternative education program under Section 37.006, Education Code, if: (1) prosecution of the student's case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated; or (2) the court or jury found the student not guilty or made a finding the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice. (h) This article applies to any felony offense and the following misdemeanors: (1) an offense under Section 20.02, 21.08, 22.01, 22.05, 22.07, or 71.02, Penal Code; (2) the unlawful use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana, as defined by Chapter 481, Health and Safety Code; or (3) the unlawful possession of any of the weapons or devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a weapon listed as a prohibited weapon under Section 46.05, Penal Code. (i) A person may substitute electronic notification for oral notification where oral notification is required by this article. If electronic notification is substituted for oral notification, any written notification required by this article is not required. (j) The notification provisions of this section concerning a person who is required to register as a sex offender under Chapter 62 do not lessen the requirement of a person to provide any additional notification prescribed by that chapter. (k) Oral or written notice required under this article must include all pertinent details of the offense or conduct, including details of any: (1) assaultive behavior or other violence; (2) weapons used in the commission of the offense or conduct; or (3) weapons possessed during the commission of the offense or conduct. (l) If a school district board of trustees learns of a failure by the superintendent of the district or a district principal to provide a notice required under Subsection (a), (a-1), or (b), the board of trustees shall report the failure to the State Board for Educator Certification. If the governing body of a private primary or secondary school learns of a failure by the principal of the school to provide a notice required under Subsection (e), and the principal holds a certificate issued under Subchapter B, Chapter 21, Education Code, the governing body shall report the failure to the State Board for Educator Certification. (m) If the superintendent of a school district in which the student is enrolled learns of a failure of the head of a law enforcement agency or a person designated by the head of the agency to provide a notification under Subsection (a), the superintendent or principal shall report the failure to notify to the Texas Commission on Law Enforcement. (n) If a juvenile court judge or official designated by the juvenile board learns of a failure by the office of the prosecuting attorney to provide a notification required under Subsection (b) or (g), the official shall report the failure to notify to the elected prosecuting attorney responsible for the operation of the office. (o) If the supervisor of a parole, probation, or community supervision department officer learns of a failure by the officer to provide a notification under Subsection (c), the supervisor shall report the failure to notify to the director of the entity that employs the officer.
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Art. 18.01. SEARCH WARRANT.
(a) A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order. (b) No search warrant shall issue for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance. A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested. Except as provided by Article 18.011, the affidavit becomes public information when the search warrant for which the affidavit was presented is executed, and the magistrate's clerk shall make a copy of the affidavit available for public inspection in the clerk's office during normal business hours. (b-1)(1) For purposes of this article, a magistrate may consider information communicated by telephone or other reliable electronic means in determining whether to issue a search warrant. The magistrate may examine an applicant for a search warrant and any person on whose testimony the application is based. The applicant or other person must be placed under oath before the examination. (2) If an applicant for a search warrant attests to the contents of an affidavit submitted by reliable electronic means, the magistrate must acknowledge the attestation in writing on the affidavit. If the magistrate considers additional testimony or exhibits, the magistrate must: (A) ensure that the testimony is recorded verbatim by an electronic recording device, by a court reporter, or in writing; (B) ensure that any recording or reporter's notes are transcribed and that the transcription is certified as accurate and is preserved; (C) sign, certify the accuracy of, and preserve any other written record; and (D) ensure that the exhibits are preserved. (3) An applicant for a search warrant who submits information as authorized by this subsection must prepare a proposed duplicate original of the warrant and must read or otherwise transmit its contents verbatim to the magistrate. A magistrate must enter into an original search warrant the contents of a proposed duplicate original that are read to the magistrate. If the applicant transmits the contents by reliable electronic means, the transmission received by the magistrate may serve as the original search warrant. (4) The magistrate may modify a search warrant that is submitted as described by Subdivision (3). If the magistrate modifies the warrant, the magistrate must: (A) transmit the modified version to the applicant by reliable electronic means; or (B) file the modified original and direct the applicant to modify the proposed duplicate original accordingly. (5) A magistrate who issues a search warrant for which information is provided by telephone or reliable electronic means must: (A) sign the original documents; (B) enter the date and time of issuance on the warrant; and (C) transmit the warrant by reliable electronic means to the applicant or direct the applicant to sign the judge's name and enter the date and time on the duplicate original. (6) Evidence obtained pursuant to a search warrant for which information was provided in accordance with this subsection is not subject to suppression on the ground that issuing the warrant in compliance with this subsection was unreasonable under the circumstances, absent a finding of bad faith. (c) A search warrant may not be issued under Article 18.02(10) unless the sworn affidavit required by Subsection (b) sets forth sufficient facts to establish probable cause: (1) that a specific offense has been committed, (2) that the specifically described property or items that are to be searched for or seized constitute evidence of that offense or evidence that a particular person committed that offense, and (3) that the property or items constituting evidence to be searched for or seized are located at or on the particular person, place, or thing to be searched. Except as provided by Subsections (d), (i), and (j), only a judge of a municipal court of record or a county court who is an attorney licensed by the State of Texas, a statutory county court judge, a district court judge, a judge of the Court of Criminal Appeals, including the presiding judge, a justice of the Supreme Court of Texas, including the chief justice, or a magistrate with jurisdiction over criminal cases serving a district court may issue warrants under Article 18.02(10). (d) Only the specifically described property or items set forth in a search warrant issued under Subdivision (10) of Article 18.02 of this code or property, items or contraband enumerated in Subdivisions (1) through (9) or in Subdivision (12) of Article 18.02 of this code may be seized. A subsequent search warrant may be issued pursuant to Subdivision (10) of Article 18.02 of this code to search the same person, place, or thing subjected to a prior search under Subdivision (10) of Article 18.02 of this code only if the subsequent search warrant is issued by a judge of a district court, a court of appeals, the court of criminal appeals, or the supreme court. (e) A search warrant may not be issued under Subdivision (10) of Article 18.02 of this code to search for and seize property or items that are not described in Subdivisions (1) through (9) of that article and that are located in an office of a newspaper, news magazine, television station, or radio station, and in no event may property or items not described in Subdivisions (1) through (9) of that article be legally seized in any search pursuant to a search warrant of an office of a newspaper, news magazine, television station, or radio station. (f) A search warrant may not be issued pursuant to Article 18.021 of this code unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause: (1) that a specific offense has been committed; (2) that a specifically described person has been a victim of the offense; (3) that evidence of the offense or evidence that a particular person committed the offense can be detected by photographic means; and (4) that the person to be searched for and photographed is located at the particular place to be searched. (g) A search warrant may not be issued under Subdivision (12), Article 18.02, of this code unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause that a specific felony offense has been committed and that the specifically described property or items that are to be searched for or seized constitute contraband as defined in Article 59.01 of this code and are located at or on the particular person, place, or thing to be searched. (h) Except as provided by Subsection (i) of this article, a warrant under Subdivision (12), Article 18.02 of this code may only be issued by: (1) a judge of a municipal court of record who is an attorney licensed by the state; (2) a judge of a county court who is an attorney licensed by the state; or (3) a judge of a statutory county court, district court, the court of criminal appeals, or the supreme court. (i) In a county that does not have a municipal court of record with a courtroom located in that county and a judge who is an attorney licensed by the state, a county court judge who is an attorney licensed by the state, or a statutory county court judge, any magistrate may issue a search warrant under Article 18.02(a)(10) or (12). This subsection is not applicable to a subsequent search warrant under Article 18.02(a)(10). (j) Any magistrate who is an attorney licensed by this state may issue a search warrant under Article 18.02(10) to collect a blood specimen from a person who: (1) is arrested for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and (2) refuses to submit to a breath or blood alcohol test.
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Art. 18.02. 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.
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Art. 18.021. ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH INJURED CHILD.
(a) A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child as prohibited by Section 22.04, Penal Code; sexual assault of a child as prohibited by Section 22.011(a), Penal Code; aggravated sexual assault of a child as prohibited by Section 22.021, Penal Code; or continuous sexual abuse of young child or children as prohibited by Section 21.02, Penal Code. (b) The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant. The photographer is entitled to access to the child in the same manner as the officer executing the warrant. (c) In addition to the requirements of Subdivisions (1), (4), and (5) of Article 18.04 of this code, a warrant issued under this article shall identify, as near as may be, the child to be located and photographed, shall name or describe, as near as may be, the place or thing to be searched, and shall command any peace officer of the proper county to search for and cause the child to be photographed. (d) After having located and photographed the child, the peace officer executing the warrant shall take possession of the exposed film and deliver it forthwith to the magistrate. The child may not be removed from the premises on which he or she is located except under Subchapters A and B, Chapter 262, Family Code. (e) A search warrant under this section shall be executed by a peace officer of the same sex as the alleged victim or, if the officer is not of the same sex as the alleged victim, the peace officer must be assisted by a person of the same sex as the alleged victim. The person assisting an officer under this subsection must be acting under the direction of the officer and must be with the alleged victim during the taking of the photographs.
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Art. 18.03. SEARCH WARRANT MAY ORDER ARREST.
If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.
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Art. 18.04. CONTENTS OF WARRANT.
A search warrant issued under this chapter, Chapter 18A, or Chapter 18B shall be sufficient if it contains the following requisites: (1) that it run in the name of "The State of Texas"; (2) that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched; (3) that it command any peace officer of the proper county to search forthwith the person, place, or thing named; (4) that it be dated and signed by the magistrate; and (5) that the magistrate's name appear in clearly legible handwriting or in typewritten form with the magistrate's signature.
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Art. 18.06. EXECUTION OF WARRANTS.
(a) A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate. A search warrant issued under Article 18B.354 must be executed in the manner provided by Article 18B.355 not later than the 11th day after the date of issuance. In all other cases, a search warrant must be executed within three days from the time of its issuance. A warrant issued under this chapter, Chapter 18A, or Chapter 18B shall be executed within a shorter period if so directed in the warrant by the magistrate. (b) On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place, if he is present. If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person. Before the officer takes property from the place, he shall prepare a written inventory of the property to be taken. He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property. If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place.
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Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN.
(a) The period allowed for the execution of a search 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 (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).
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Art. 18.08. POWER OF OFFICER EXECUTING WARRANT.
In the execution of a search warrant, the officer may call to his aid any number of citizens in this county, who shall be bound to aid in the execution of the same.
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Art. 18.09. SHALL SEIZE ACCUSED AND PROPERTY
When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate. For purposes of this chapter, "seizure," in the context of property, means the restraint of property, whether by physical force or by a display of an officer's authority, and includes the collection of property or the act of taking possession of property.
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Art. 18.10. HOW RETURN MADE.
Not later than three whole days after executing a search warrant, the officer shall return the search warrant. Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed. The officer shall also deliver to the magistrate a copy of the inventory of the property taken into his possession under the warrant. The failure of an officer to make a timely return of an executed search warrant or to submit an inventory of the property taken into the officer's possession under the warrant does not bar the admission of evidence under Article 38.23. The officer who seized the property shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property. The property may not be removed from the county in which it was seized without an order approving the removal, issued by a magistrate in the county in which the warrant was issued; provided, however, nothing herein shall prevent the officer, or his department, from forwarding any item or items seized to a laboratory for scientific analysis.
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Art. 18.11. CUSTODY OF PROPERTY FOUND.
Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with Article 18.10 of this code.
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Art. 18.16. PREVENTING CONSEQUENCES OF THEFT
Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
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Art. 18.22. TESTING CERTAIN DEFENDANTS OR CONFINED PERSONS FOR COMMUNICABLE DISEASES.
(a) A person who is arrested for a misdemeanor or felony and who during the commission of that offense or the arrest, during a judicial proceeding or initial period of confinement following the arrest, or during the person's confinement after a conviction or adjudication resulting from the arrest causes the person's bodily fluids to come into contact with a peace officer, a magistrate, or an employee of a correctional facility where the person is confined shall, at the direction of the court having jurisdiction over the arrested person, undergo a medical procedure or test designed to show or help show whether the person has a communicable disease. The court may direct the person to undergo the procedure or test on its own motion or on the request of the peace officer, magistrate, or correctional facility employee. If the person refuses to submit voluntarily to the procedure or test, the court shall require the person to submit to the procedure or test. Notwithstanding any other law, the person performing the procedure or test shall make the test results available to the local health authority, and the local health authority shall notify the peace officer, magistrate, or correctional facility employee, as appropriate, of the test result. The state may not use the fact that a medical procedure or test was performed on a person under this article, or use the results of the procedure or test, in any criminal proceeding arising out of the alleged offense. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 1 (a) A person who is arrested for a misdemeanor or felony and who during the commission of that offense or an arrest following the commission of that offense causes an emergency response employee or volunteer, as defined by Section 81.003, Health and Safety Code, to come into contact with the person's bodily fluids shall, at the direction of the court having jurisdiction over the arrested person, undergo a medical procedure or test designed to show or help show whether the person has a communicable disease. The court may direct the person to undergo the procedure or test on its own motion or on the request of the emergency response employee or volunteer. If the person refuses to submit voluntarily to the procedure or test, the court shall require the person to submit to the procedure or test. Notwithstanding any other law, the person performing the procedure or test shall make the test results available to the local health authority and the designated infection control officer of the entity that employs or uses the services of the affected emergency response employee or volunteer, and the local health authority or the designated infection control officer of the affected employee or volunteer shall notify the emergency response employee or volunteer of the test result. The state may not use the fact that a medical procedure or test was performed on a person under this article, or use the results of the procedure or test, in any criminal proceeding arising out of the alleged offense. (b) Testing under this article shall be conducted in accordance with written infectious disease control protocols adopted by the Department of State Health Services that clearly establish procedural guidelines that provide criteria for testing and that respect the rights of the arrested person and the peace officer, magistrate, or correctional facility employee. (c) Nothing in this article authorizes a court to release a test result to a person other than a person specifically authorized by this article, and Section 81.103(d), Health and Safety Code, does not authorize that disclosure. (d) In this article, "correctional facility" means: (1) any place described by Section 1.07(a)(14), Penal Code; or (2) a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.