Texas Code of Criminal Procedure

§ 18A.102 — JUDICIAL DETERMINATIONS REQUIRED FOR ISSUANCE OF INTERCEPTION ORDER

CR § 18A.102Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18A. DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS · Art. C. ISSUANCE OF INTERCEPTION ORDER AND RELATED ORDERS

Statute text

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On receipt of an application under Subchapter B, the judge may issue an ex parte interception order, as requested or as modified, if the judge determines from the evidence submitted by the prosecutor that:

(1)there is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense described by Article 18A.101;

(2)there is probable cause to believe that particular communications concerning that offense will be obtained through the interception;

(3)normal investigative procedures have been attempted and have failed or reasonably appear to be unlikely to succeed or to be too dangerous if attempted;

(4)there is probable cause to believe that the facilities from which or the place where the wire, oral, or electronic communications are to be intercepted is being used or is about to be used in connection with the commission of an offense or is leased to, listed in the name of, or commonly used by the person; and

(5)a covert entry is or is not necessary to properly and safely install the wiretapping, electronic surveillance, or eavesdropping equipment.

Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.