Texas § 18B.323 ISSUANCE OF WARRANT.

Texas Statutes

§ 18B.323 — ISSUANCE OF WARRANT.

Texas § 18B.323

Code CRCode of Criminal Procedure

This text of Texas § 18B.323 (ISSUANCE OF WARRANT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 18B.323 (2026).

Text

Art. 18B.323. ISSUANCE OF WARRANT.

(a)On the filing of an application for a warrant under this subchapter, a district judge may issue the warrant to obtain the disclosure of location information by a provider described by Article 18B.355 (b), regardless of whether the location information is held at a location in this state or another state.

(b)A 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)the disclosure of the location information sought will:

(A)produce evidence of an offense under investigation; or

(B)result in the apprehension of a fugitive from justice; and

(2)the location information sought is held in electronic storage in the possession, care

Free access — add to your briefcase to read the full text and ask questions with AI

Art. 18B.323. ISSUANCE OF WARRANT. (a) On the filing of an application for a warrant under this subchapter, a district judge may issue the warrant to obtain the disclosure of location information by a provider described by Article 18B.355 (b), regardless of whether the location information is held at a location in this state or another state.
(b) A 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) the disclosure of the location information sought will:
(A) produce evidence of an offense under investigation; or
(B) result in the apprehension of a fugitive from justice; and
(2) the location information sought is held in electronic storage in the possession, care, custody, or control of the service provider on which the warrant is served.

Legislative History

Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363 ), Sec. 5, eff. September 1, 2021. Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112 ), Sec. 6, eff. September 1, 2021.