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

Texas § 18B.354

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 18B.354. WARRANT ISSUED IN THIS STATE: APPLICATION AND ISSUANCE OF WARRANT. (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).
(c) Only the electronic customer data described in the sworn affidavit required by Article 18.01 (b) may be seized under the warrant.
(d) A warrant issued under this article shall run in the name of "The State of Texas."
(e) Article 18.011 applies to an affidavit presented under Article 18.01 (b) for the issuance of a warrant under this article, and the affidavit may be sealed in the manner provided by that article.

Legislative History

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