(b) An application must be written, signed, and sworn to before the judge.
(c) The affidavit must:
(1) state the name, department, agency, and address of the applicant;
(2) identify the vehicle, container, or item to which, in which, or on which the mobile tracking device is to be attached, placed, or otherwise installed;
(3) state the name of the owner or possessor of the vehicle, container, or item identified under Subdivision (2);
(4) state the judicial jurisdictional area in which the vehicle, container, or item identified under Subdivision (2) is expected to be found; and
(5) state the facts and circumstances that provide the applicant with probable cause to believe that:
(A) criminal activity has been, is, or will be committed; and
(B) the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of that criminal activity.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 5, eff. September 1, 2021.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications
Subchapter E. Mobile Tracking Devices
Article 18B.202. Order Authorizing Installation and Use of Mobile Tracking Device
Article 18B.204. Notification of Judge Following Activation of Mobile Tracking Device
Article 18B.205. Duration of Order