Texas-Book-Gun Law Armed And Educated - Flipbook - Page 50
justify a protective sweep as much as an arrest inside. Rios v. State,
No. 14-18-00886-CR (Tex. App. — Houston [14th Dist.] Aug. 27,
2020). If there exists no probable cause that a detained person who
is not named in the warrant is involved in criminal activity, they
must be released. However, you may find yourself detained for
several hours before the police decide to release you.
D. Do the police always need a warrant to perform a search
and seizure?
No! The following chapter describes the many ways in which the
warrant requirement has been eroded.
E. In Texas, what can be searched and/or seized?
The Texas Code of Criminal Procedure lays out in detail what may
be searched and/or seized. Under Article 18.02, a search warrant
may be issued to search for and seize:
1) stolen property, or any property obtained by criminal means;
2)
property designed to be used, or commonly used, in the
commission of crimes;
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;
7) a drug, controlled substance, chemicals used as an immediate
precursor to drugs, and drug paraphernalia;
8) any illegal property;
9) implements or instruments used in the commission of a crime;
Know Your Rights: Part II | 39
