Code of Criminal Procedure › Title 1 › Chapter 18

Texas Code of Criminal Procedure Art. 18.13

Shall Discharge Defendant

Search Warrants

If the magistrate be not satisfied, upon investigation, that there was good ground for the issuance of the warrant, he shall discharge the defendant and order restitution of the property taken from him, except for criminal instruments. In such case, the criminal instruments shall be kept by the sheriff subject to the order of the proper court.

Official text of the Texas Code of Criminal Procedure as published by the Texas Legislative Council.

Official source
Legislative history

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.