Texas Code of Criminal Procedure

§ 18A.104 — LIMITATION ON COVERT ENTRY

CR § 18A.104Title 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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(a)An interception order may not authorize a covert entry for the purpose of intercepting an oral communication unless:

(1)the judge, in addition to making the determinations required under Article 18A.102, determines:

(A)that:

(i)the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of a pen register previously authorized in connection with the same investigation;

(ii)the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of an interception of wire or electronic communications previously authorized in connection with the same investigation; and

(iii)the procedures under Subparagraphs (i) and (ii) have failed; or

…

Legislative history

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