Texas Code of Criminal Procedure

§ 18B.354 — WARRANT ISSUED IN THIS STATE: APPLICATION AND ISSUANCE OF WARRANT

CR § 18B.354Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS · Art. H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED CUSTOMER DATA

Statute text

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(a)On the filing of an application by an authorized peace officer, a district judge may issue a search warrant under this article for electronic customer data held in electronic storage, including the contents of and records and other information related to a wire or electronic communication held in electronic storage, by a provider of an electronic communications service or a provider of a remote computing service described by Article 18B.355(b), regardless of whether the customer data is held at a location in this state or another state. An application made under this subsection must demonstrate probable cause for the issuance of the warrant and must be supported by the oath of the authorized peace officer.

(b)A search warrant may not be issued under this article unless the sworn affidavit required by Article 18.01(b) provides sufficient and substantial facts to establish probable cause that:

(1)a specific offense has been committed; and

(2)the electronic customer data sought:

(A)constitutes evidence of that offense or evidence that a particular person committed that offense; and

(B)is held in electronic storage by the service provider on which the warrant is served under Article 18B.355(c).

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Legislative history

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