(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).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 761 (S.B. 743), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 772 (H.B. 1891), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 3, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.07, eff. January 1, 2019.
Art. 18.01. | Art. 18.011. | Art. 18.02. | Art. 18.021. | Art. 18.0215. | Art. 18.03. | Art. 18.04. | Art. 18.05. | Art. 18.065. | Art. 18.08. | Art. 18.09. | Art. 18.095. | Art. 18.10. | Art. 18.11. | Art. 18.12. | Art. 18.13. | Art. 18.14. | Art. 18.15. | Art. 18.16. | Art. 18.17. | Art. 18.18. | Art. 18.181. | Art. 18.182. | Art. 18.183. | Art. 18.19. | Art. 18.191. | Art. 18.22. | Art. 18.23. | Art. 18.24.