Texas statute
Tex. Code Crim. Proc. art. 18B.354 — Warrant issued in this state: application and issuance of warrant
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 18B: INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 18B.354
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
This reference is informational and is not legal advice.