(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.
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.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications
Subchapter G. -1. Prospective Location Information
Article 18B.321. Applicability
Article 18B.322. Warrant Required for Certain Location Information Held in Electronic Storage
Article 18B.323. Issuance of Warrant
Article 18B.324. Duration; Sealing