Texas Code of Criminal Procedure

§ 18B.151 — EMERGENCY INSTALLATION AND USE OF PEN REGISTER OR TRAP AND TRACE DEVICE

CR § 18B.151Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS · Art. D. EMERGENCY INSTALLATION AND USE OF CERTAIN EQUIPMENT

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(a)Repealed by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 6, eff. September 1, 2021.

(b)A peace officer authorized to possess, install, operate, or monitor a device under Subchapter E, Chapter 18A, may install and use a pen register or trap and trace device if the peace officer reasonably believes:

(1)an immediate life-threatening situation exists that:

(A)is within the territorial jurisdiction of the peace officer or another officer the peace officer is assisting; and

(B)requires the installation of a pen register or trap and trace device before an order authorizing the installation and use can, with due diligence, be obtained under this chapter; and

(2)there are sufficient grounds under this chapter on which to obtain an order authorizing the installation and use of a pen register or trap and trace device. Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019. Amended by:

Legislative history

Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 6, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 7, eff. September 1, 2021.