UAV / UAS Aerial Surveillance

Art. 18.02(a)(10) & Tex. Gov't Code § 423.002(a)(7) — drone-based photo/video/thermal documentation

Part of the Warrant Path template library. Templates last updated 2026-09-20 — what that date does and doesn’t mean.

What this covers

Authorizes law enforcement to fly a small Unmanned Aircraft System (drone) over and around a specified location to photograph, video, and use advanced features like high-zoom cameras and FLIR thermal imaging to document evidence for a fixed period of time — it does not authorize searching a place or seizing stored property or data.

Property / data categories

• Photographs and video of the target location from above and around it
• Capture of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions on or about the property (excluding audio/communication content)
• Use of high-zoom digital cameras and FLIR thermal cameras
• Establishing identities and capturing biometrics of persons involved, for a fixed duration (e.g. 2 continuous hours), excepting battery-recharge intervals
• Optional Application and Order to Seal under Article 18.011

Controlling authority

• Art. 18.02(a)(10), Texas Code of Criminal Procedure — General evidentiary warrant basis, used here to authorize the aerial documentation technique itself rather than to seize existing stored property or data.
• Texas Government Code § 423.002(a)(7) — One of the enumerated exceptions to Chapter 423's general restriction on law-enforcement UAS image capture, specifically 'pursuant to a valid search or arrest warrant.'
• Kyllo v. United States, 533 U.S. 27 (2001) — Held that using sense-enhancing technology (thermal imaging) to obtain information not otherwise observable without physical intrusion is a Fourth Amendment search — supporting authority for why a warrant is sought despite public airspace; confirm this fits your specific facts before relying on it.
• Art. 18.07(a) and Art. 18.10, Texas Code of Criminal Procedure — Set the 3-day execution/return deadline.
• Art. 18.011, Texas Code of Criminal Procedure — Governs the optional application and order to seal the affidavit.

Common defects to check for before filing

• Open-ended or unbounded flight duration — courts expect a defined time window tied to the operation's actual needs, not an indefinite authorization
• Requesting audio capture — the affidavit language explicitly excludes audio/communication content, and that exclusion should stay absent facts specifically supporting it
• Treating Chapter 423's exceptions as static — the Legislature has amended it more than once; confirm § 423.002's current subsection lettering before filing
• Skipping the sealing order's own reasoning requirement — Art. 18.011 sealing requires an articulated compelling state interest, not boilerplate recitation
• Requesting FLIR/thermal imaging by default — it's opt-in in this template precisely because it's the sensor most likely to trigger Kyllo scrutiny; only select it when the facts actually call for it
• Leaving altitude/vantage point, prohibited areas, and retention unaddressed — courts and defense counsel increasingly expect these to be specified, not left to operator discretion

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