Page 39 - November December 2020 TPA Journal

rules adopted by the Supreme Court of Texas or trate, the officer must “state on the back of the
by other applicable laws and rules.” TEX. GOV’T same, or on some paper attached to it, the manner
CODE § 552.0035(a). in which the warrant” was executed and “also
The Texas Supreme Court adopted Rule of deliver to the magistrate a copy of the inventory of
Judicial Administration 12.4, which generally the property taken.” Id. art. 18.10. Other than the
makes judicial records open to the public for entitlement of the owner or possessor of the place
inspection and copying. TEX. R. JUD. ADMIN. searched to a copy of the warrant and written
12.4(a), reprinted in TEX. GOV’T CODE, tit. 2, inventory, the Legislature did not directly address
subtit. F app. However, this general right does not what right anyone else might have to those partic-
apply to judicial records “covered by Rule[] ular documents, or to the warrant return the offi-
12.3,” which includes “records or information cer delivers to the magistrate. Instead, chapter 18
relating to provides only that the sworn affidavit supporting
[a]. . . search warrant.” Id. 12.4(a), 12.3(c). a search warrant generally becomes “public infor-
Instead, “access to [such records or information] mation when the search warrant for which the
is controlled by . . . state or federal court rule, affidavit was presented is executed.” Id. art.
including a rule of civil or criminal procedure, 18.01(b).
appellate procedure or evidence[,] or . . . common A court’s “primary goal in construing a statute is
law, court order, judicial decision, or another pro- to give effect to the Legislature’s intent.” Shinogle
vision of law.” Id. 12.3(c). Accordingly, we con- v. Whitlock, 596 S.W.3d 772, 776 (Tex. 2020). A
sider your question in the context of the Code of court “must always consider the statute as a whole
Criminal Procedure. rather than its isolated provisions” and “not give
Chapter 18 of that code governs the search war- one provision a meaning out of harmony or incon-
rant process. See generally TEX. CODE CRIM. sistent with other provisions, although it might be
PROC. arts. 18.01–.24. “A ‘search warrant’ is a susceptible to such a construction standing alone.”
written order, issued by a magistrate and directed Id. at 776–77. But in considering the statute as a
to a peace officer, commanding him to search for whole, a court must also give “effect to each pro-
any property or thing and to seize the same and vision so that none is rendered meaningless or
bring it before such magistrate . . . .” Id. art. mere surplusage.” TIC Energy & Chem., Inc. v.
18.01(a); see also id. art. 18.04 (listing the requi- Martin, 498 S.W.3d 68, 74 (Tex. 2016). In article
sites for a sufficient warrant). An applicant for a 18.01(b), the Legislature addressed the public
search warrant must file a sworn affidavit setting nature of an affidavit supporting a search warrant
forth substantial facts establishing probable cause but not the warrant itself, the return, or the inven-
to the magistrate’s satisfaction before the warrant tory. By contrast, in the related context of arrest
may issue. Id. art. 18.01(b). “On searching the warrants, the Legislature expressly included the
place . . . the officer executing the warrant shall warrants themselves in its declaration of the “pub-
present a copy of the warrant to the owner” or the lic information” to which a magistrate must pro-
person in possession of the place, if they are pre- vide access when the arrest warrant is executed.
sent. Id. art. 18.06(b). Before taking any property, See TEX. CODE CRIM. PROC. art. 15.26 (“The
the officer must “prepare a written inventory” of arrest warrant, and any affidavit presented to the
it, endorse it with his name, and give it to the magistrate in support . . . is public information . .
owner or possessor. Id. If neither the owner nor . .” (emphasis added)). Ordinarily, “[w]hen the
the possessor is present when the warrant is exe- Legislature expresses its intent regarding a subject
cuted, the officer must “leave a copy of the war- in one setting, but . . . remains silent on that sub-
rant and the inventory at the place.” Id. When the ject in another, [a court] generally abide[s] by the
officer returns the search warrant to the magis-

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