(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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications
Subchapter H. Access to Stored Communications and Other Stored Customer Data
Article 18B.351. Government Access to Electronic Customer Data
Article 18B.352. Court Order for Government Access to Stored Customer Data
Article 18B.353. Warrant Issued in This State: Applicability
Article 18B.354. Warrant Issued in This State: Application and Issuance of Warrant
Article 18B.355. Warrant Issued in This State: Execution of Warrant
Article 18B.356. Warrant Issued in This State: Compliance With Warrant
Article 18B.357. Warrant Issued in This State: Authentication of Records by Service Provider
Article 18B.358. Warrant Issued in Another State
Article 18B.359. Government Access to Certain Stored Customer Data Without Legal Process