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.
Tex. Code Crim. Proc. art. 18.13
SHALL DISCHARGE DEFENDANT
Applied in 1 court decision — leading case In re Gambling Devices & Proceeds (2016)
Most recently applied in In re Gambling Devices & Proceeds (June 2016)
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.