Does anyone know off the top of his or her head whether a search warrant executed in a county must be signed by a judge/magistrate of that particular county? I've always believed that the answer is that a judge or magistrate of the particular county has to sign a warrant executed in that county. I did a little quick research and haven't found the answer I always assumed was there. I guess I could just be wrong. Any help?

We have found a case out of Texarkana in which a search warrant was challenged because the county in which the SW was executed was outside of the district judge's judicial district. The Texarkana court said that a district judge is a state officer and, basically, can sign a search warrant for a location anywhere in the state. The case also says that a JP's jurisdiction is limited by statute to the county in which he serves. The case is Green v. State, 880 S.W.2d 198. It does not directly answer the question, but it does help. Any one have any other ideas?

I know any district judge can sign a search warrant to search in any county in the Great State.

I don't know the cite--I think one of the cases is called "Green v. State," as I dimmly recollect. You wanted an "off the top of your head" reply so here it is. If you want the exact cite, you'll have to wait for Martin or John to read your post.

I am unsure about the authority of county judges and JPs to authorize searches outside their counties.

Shane, this is how Dix and Dawson explain it:

--A JP can issue a search warrant for the search of the premesis in another precinct in the same county.(CCP 18.01)

--A municipal court judge may issue a search warrant for premesis within the county but without the city limits. (Gilbert v. State, 493 S.W.2d 783)

--The case law assumes such magistrates--justices of the peace and municipal court judges--may not issue warrants for premises in other counties. This assumption has not been tested.
(See these cases: Ex parte Clear, 573 S.W.2d 224, 228 (Tex.Crim.App.1978); Hinkley v. State, 119 Tex.Crim. 254, 45 S.W.2d 581, 582 (1932).

--A district judge issuing a search warranthas statewide authority. (Green v. State, 880 S.W.2d 198)

18.10 implictly seems to recognize that a warrant might be signed by a judge in another county than the one containing the place searched.

18.04(3) has always interested me, too, with its reference to a peace officer "of the proper county."

We have helped a number of officers from other counties obtain warrants from our judges to search places in Dallas.

Markus, some municipalities cross county lines . . . we've told those agencies that they probably ought not to use a muni judge to sign a warrant for the "other county" if it is a big case.

Art. 18.01 merely says a search warrant must be issued by "a magistrate". Arguably that provision merely incorporates art. 2.09, so that any of the persons named therein qualifies for the purpose of 18.01 with respect to any particular warrant. To say otherwise, it seems you have to start looking to any statutory limitations on one's authority as a magistrate. While you could look to limitations on the jurisdiction of particular courts found in Chapter 4, only art. 4.14 speaks to territorial limitations. But Chapter 4 is talking about jurisdiction over particular criminal cases, not the authority to issue warrants. Art. 2.10 makes reference to the duties (and therefore the authority) of magistrates. The duty to use all lawful means to preserve the peace is limited by the phrase "within his jurisdiction", but the power to "issue all process intended to aid in preventing and suppressing crime" contains no such qualification. All magistrates seem to have authority to issue warrants of arrest which extend (except with respect to those issued by mayors) to any part of the State. See art. 15.03(a); 15.06. Why would search warrants necessarily need to be treated differently?

While I would not think very many judges would be too concerned about halting criminal activity outside their normal geographic area, at least in some rural counties, the ability to find another (more distant) magistrate might be quite important. In any event, I would try to say the warrant cannot be challenged merely on the basis of "wrong magistrate"- even if a "forum shopping" argument were made. If the warrant meets the requisites of 18.01, what makes it invalid?

Hinkley, 45 S.W.2d at 582 cites several very old cases for the proposition that a JP's authority to act as magistrate is [only] co-extensive with the limits of his county, but that seems to contradict 18.01. John R. 4.14 specifically says municipal judges have authority within the territorial limits of the municipality, so I would say they can at least issue warrants therein without regard to the limitation supposedly placed on a JP not to cross a county line.