Tex. Code of Criminal Procedure § 18B.322

This is the official text of Tex. Code of Criminal Procedure § 18B.322, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

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§ 18B.322. WARRANT REQUIRED FOR CERTAIN LOCATION INFORMATION HELD IN ELECTRONIC STORAGE.

Official statutory text

(a) A warrant is required to obtain the disclosure of location information described by Article 18B.321(a) by a provider of an electronic communications service or a provider of a remote computing service.

(b) Only a prosecutor or a prosecutor's assistant with jurisdiction in a county within a judicial district described by Article 18B.052(4) may file an application for a warrant under this subchapter. The application must be supported by the sworn affidavit required by Article 18.01(b).

(c) The application must be filed with a district judge in the applicable judicial district on:

(1) the prosecutor's or assistant's own motion; or

(2) the request of an authorized peace officer of a designated law enforcement office or agency or an authorized peace officer commissioned by the department.

Status: in_force · Read it on the official government site

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