Arlington, TX asked in Criminal Law for Texas

Q: Search warrent (article 18.02(1-9) issued this date january.,2021 @ 4:10 pm raid was on the19th of January was it legal?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Legal how? Do you mean in the issuance or in the execution? Did you actually READ Article 18.02 or is this something you copied from another prisoner? The reason I ask is that this section is about the GROUND for issuance and it doesn't really address any question about the date... and your question seems focused on the date. Also, the correct citation would include subsection (a) and probably mention that there are 14 possible reasons, not just 9... unless somehow the final 5 are not relevant to your question. There is nothing on face value that makes the first nine substantively different from the last five so the question needs to be clarified.

Challenging a search warrant isn't a simple matter because there is a TON of case law on both the state and federal level that creates all sorts of exceptions that you won't find in the plain text of Chapter 18 of the Texas Code of Criminal Procedure. You really should ask your criminal defense attorney to determine if there are any problems with the warrant. It isn't a D-I-Y project.

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