Texas Code of Criminal Procedure

§ 18.0215 — ACCESS TO CELLULAR TELEPHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE

CR § 18.0215Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18. SEARCH WARRANTS

Statute text

(a)A peace officer may not search a person's cellular telephone or other wireless communications device, pursuant to a lawful arrest of the person without obtaining a warrant under this article. A wireless communications device does not include a skimmer as defined by Section 607.001, Business & Commerce Code, or a device manufactured for the purpose of illicitly obtaining payment card information or identifying information.

(b)A warrant under this article may be issued only by a judge, including a judge of a statutory county court, in the same judicial district as the site of:

(1)the law enforcement agency that employs the peace officer, if the cellular telephone or other wireless communications device is in the officer's possession; or

(2)the likely location of the telephone or device.

(c)A judge may issue a warrant under this article only on the application of a peace officer. An application must be written and signed and sworn to or affirmed before the judge. The application must:

(1)state the name, department, agency, and address of the applicant;

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.04, eff. January 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.003, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 316 (S.B. 1497), Sec. 1, eff. September 1, 2025.