(1) there is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense described by Article 18A.101;
(2) there is probable cause to believe that particular communications concerning that offense will be obtained through the interception;
(3) normal investigative procedures have been attempted and have failed or reasonably appear to be unlikely to succeed or to be too dangerous if attempted;
(4) there is probable cause to believe that the facilities from which or the place where the wire, oral, or electronic communications are to be intercepted is being used or is about to be used in connection with the commission of an offense or is leased to, listed in the name of, or commonly used by the person; and
(5) a covert entry is or is not necessary to properly and safely install the wiretapping, electronic surveillance, or eavesdropping equipment.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications
Subchapter C. Issuance of Interception Order and Related Orders
Article 18A.101. Offenses for Which Interception Order May Be Issued
Article 18A.102. Judicial Determinations Required for Issuance of Interception Order
Article 18A.103. Contents of Interception Order
Article 18A.104. Limitation on Covert Entry
Article 18A.105. Authority to Issue Certain Ancillary Orders
Article 18A.106. Order to Third Party to Assist With Execution of Interception Order
Article 18A.107. Duration of Interception Order
Article 18A.108. Extension of Interception Order
Article 18A.109. Report on Need for Continued Interception
Article 18A.110. Subsequent Criminal Prosecution Related to Interception Order