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What is the name of your state (only U.S. law)? Texas

When a search warrant is executed at a home and the homeowner is arrested for possession of drugs, is the arresting agency required to leave a copy of the search warrant and a list of confiscated items with the person arrested or spouse or other resident?
 


CavemanLawyer

Senior Member
The search warrant is directed to the owner of the property, who may or may not be the person arrested. So a copy of the search warrant and inventory must be presented to the owner of the property, or to someone in possession of it if the owner is not present, before any property is removed. If no one is home, they are required to leave a copy of the warrant and inventory at the location. They are also required to do a return where all paperwork is filed with the clerk's office.

Here is the applicable language:

Art. 18.06.
(b) On searching the place ordered to be searched, the
officer executing the warrant shall present a copy of the warrant to
the owner of the place, if he is present. If the owner of the place
is not present but a person who is present is in possession of the
place, the officer shall present a copy of the warrant to the
person. Before the officer takes property from the place, he shall
prepare a written inventory of the property to be taken. He shall
legibly endorse his name on the inventory and present a copy of the
inventory to the owner or other person in possession of the
property. If neither the owner nor a person in possession of the
property is present when the officer executes the warrant, the
officer shall leave a copy of the warrant and the inventory at the
place.
 
You are simply the best! An offering of "thank you" seems so meager. I really do appreciate you taking the time to answer my question.
 

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