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Texas Code of Criminal Procedure

§ 18B.152 — ORDER AUTHORIZING EMERGENCY INSTALLATION AND USE

CR § 18B.152Title 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

Statute text

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(a)A peace officer who installs or uses a pen register or trap and trace device under Article 18B.151 shall:
(1)promptly report the installation or use of the device to the prosecutor in the county in which the device is installed or used; and
(2)within 48 hours after the installation of the device is complete or the use of the device begins, whichever occurs first, obtain an order under Subchapter C authorizing the installation and use of the device.
(b)A judge may issue an order authorizing the installation and use of a device under this subchapter during the 48-hour period prescribed by Subsection (a)(2). If an order is denied or is not issued within the 48-hour period, the peace officer shall terminate use of and remove the pen register or trap and trace device promptly on the earlier of the denial or the expiration of 48 hours.

Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.

Source: Texas Code of Criminal Procedure § 18B.152 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.