TITLE IV SEARCH WARRANTS Art. 161. Property subject to seizure A. Except as authorized by Article 163.1 or 163.2, a judge may issue a warrant authorizing the search for and seizure of any thing within the territorial jurisdiction of the court which: (1) Has been the subject of theft. (2) Is intended for use or […]
Art. 162. Issuance of warrant; affidavit; description A. A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause for issuance of the warrant. B. In any application for warrant, an affidavit containing the electronic signature of the […]
Art. 162.1. Warrant issued upon oral testimony A. In addition to the provisions of Article 162, a search warrant may issue only upon probable cause established to the satisfaction of the judge by the sworn oral testimony of a credible person reciting facts establishing the cause for issuance of the warrant. B. The sworn oral […]
Art. 162.2. Warrant issued upon electronic testimony A. In addition to the provisions of Articles 162 and 162.1, a search warrant may issue upon probable cause established to the satisfaction of the judge by the electronic testimony of a credible person reciting facts establishing the cause for issuance of the warrant. B. For purposes of […]
Art. 162.3. No-knock warrant A. No law enforcement officer shall seek, execute, or participate in the execution of a no-knock warrant, except in cases where both of the following apply: (1) The affidavit supporting the request for the warrant establishes probable cause that exigent circumstances exist requiring the warrant to be executed in a no-knock […]
Art. 162.4. Search of a person’s place of residence; odor of marijuana Notwithstanding any provision of law to the contrary, the odor of marijuana alone shall not provide a law enforcement officer with probable cause to conduct a search without a warrant of a person’s place of residence. Acts 2022, No. 473, §1.
Art. 163. Officer to whom directed; time for execution; electronic devices A. A search warrant shall be directed to any peace officer, who shall execute it and bring any property seized into the court issuing the warrant. B. A search or seizure shall not be made during the nighttime or on Sunday, unless the warrant […]
Art. 163.1. Search of a person for bodily samples; warrants; execution A. A judge may issue a search warrant authorizing the search of a person for bodily samples to obtain deoxyribonucleic acid (DNA) or other bodily samples. B. The warrant may be executed any place the person is found and shall be directed to any […]
Art. 163.2. Search warrant for medical records A. A judge may issue a search warrant authorizing the search for and seizure of the medical records of any person. B. The warrant may be issued by a judge of either the court of territorial jurisdiction where the investigation for the medical records is being conducted or […]
Art. 164. Means and force in executing warrant In order to execute a search warrant a peace officer may use such means and force as are authorized for arrest by Title V.* *C.Cr.P. Art. 201 et seq.
Art. 165. Authority of peace officer in executing a search warrant While in the course of executing a search warrant, a peace officer may make photographs, lift fingerprints, seize things whether or not described in the warrant that may constitute evidence tending to prove the commission of any offense, and perform all other acts pursuant […]
Art. 166. Receipt for seized property When a peace officer seizes property under a warrant he shall give a receipt to the person from whom the property is taken, describing the property in detail. In the absence of such person, the peace officer shall leave the receipt in the place where the property was seized.
Art. 167. Custody of seized property; disposition When property is seized pursuant to a search warrant, it shall be retained under the direction of the judge. If seized property is not to be used as evidence or is no longer needed as evidence, it shall be disposed of according to law, under the direction of […]
