The Fourth Amendment of the U.S. Constitution protects you from unlawful searches and seizures. Police officers are not entitled to just come into your home without permission unless they have a valid warrant. The only way around this is if you invite them in or they have probable cause to believe that a criminal offense is being committed.
If the police do show up with a warrant, it’s important that you make sure it’s valid. Here is some information that may help you to do this.
Specific warrant requirements
In Texas, the law regarding warrants is outlined in TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 18. The warrant must be run in the name of “The State of Texas”. The warrant must also be court-issued. Sometimes, officers will produce a document claiming it gives them the ability to search the property, without that actually being the case. All search warrants must be authorized and signed by magistrates.
Clear descriptions
To be valid, a warrant must also provide a clear description of the property to be searched and items to be seized. The warrant must name the precise address subject to the search. A warrant cannot be used for an incorrect address. In terms of property to be seized, the warrant should outline the intentions of officers. For example, if the intention is to seize all electronic devices from a household, then this is what the warrant should say.
Generally, search warrants are limited by time. They usually last between 24 and 48 hours. A warrant with an expired time limit is invalid.
If you were arrested based on a search, it’s important to seek legal guidance. This can help ensure that the warrant is valid and that all other procedures follow the law.
