Vehicle Search (physical)

Art. 18.02(a)(1)–(a)(12) — physical search for property, contraband, or evidence

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

What this covers

A warrant for the physical search of a vehicle itself — for contraband, weapons, drugs, or other physical property — not for extracting data from the vehicle's onboard infotainment or telematics system; meant to be used alongside the companion Vehicle Infotainment/Telematics (BERLA) template when a case needs both.

Property / data categories

• (a)(1) Property acquired by theft or other means making its acquisition a penal offense
• (a)(2) Property specially designed, made, or adapted for or commonly used in committing an offense
• (a)(4) Weapons prohibited by the Penal Code
• (a)(7) Drugs, controlled substances, precursors, or related apparatus/paraphernalia
• (a)(9) Implements or instruments used in the commission of a crime
• (a)(10) Property/items (except personal writings by the accused) constituting evidence of an offense
• (a)(12) Contraband subject to forfeiture

Controlling authority

• Art. 18.01 — General search-warrant requirements — sworn affidavit, particularity.
• Art. 18.02(a)(1)-(a)(12) — The twelve general categories of property subject to seizure by warrant.
• Art. 18.01(b) / case law — A vehicle is treated as a place capable of being particularly described, same as a residence.
• Art. 18.07(a) — 3-day execution deadline.
• Art. 18.10 — Return and inventory requirement.
• Riley v. California, 573 U.S. 373 (2014) — A warrant to search a physical space does not extend to searching the digital contents of an electronic device found within it — seizing a phone/computer found during this search is not the same as authority to search its contents.

Common defects to check for before filing

• Selecting more grounds than the facts actually support — tie each selected ground to articulated facts in the probable-cause section
• Vehicle description mismatch — year/make/model/color/plate/VIN must exactly match across affidavit, warrant, and the actual vehicle
• Treating this template as covering the vehicle's infotainment or telematics system — it doesn't; use the companion BERLA template for that data
• Item descriptions copied verbatim from a grounds-table category without narrowing to the specific property expected in this case
• Assuming this warrant authorizes searching the digital contents of a phone, computer, tablet, or removable storage media found inside the vehicle — under Riley, seizing the device as tangible property under the grounds above is not the same as authority to search what's on it; that needs its own separate warrant
• Forgetting to attach a photograph of the vehicle and note distinctive characteristics (damage, decals, modifications) — these help the description hold up if the vehicle's appearance is later disputed

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