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Current as of January 01, 2024 | Updated by FindLaw Staff
(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).
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 18.07. Days allowed for warrant to run - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-18-07/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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