Texas Code of Criminal Procedure 18A.151 – Requirements Regarding Interception Order for Communication by Specified Person
Terms Used In Texas Code of Criminal Procedure 18A.151
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
The requirements of Articles 18A.055(b)(3)(B) and 18A.103(a)(2) relating to the specification of the facilities from which or the place where a communication is to be intercepted do not apply if:
(1) in the case of an application for an interception order that authorizes the interception of an oral communication:
(A) the application contains a complete statement as to why the specification is not practical and identifies the person committing or believed to be committing the offense and whose communications are to be intercepted; and
(B) a judge of competent jurisdiction finds that the specification is not practical; or
(2) in the case of an application for an interception order that authorizes the interception of a wire or electronic communication:
(A) the application identifies the person committing or believed to be committing the offense and whose communications are to be intercepted;
(B) a judge of competent jurisdiction finds that the prosecutor has made an adequate showing of probable cause to believe that the actions of the person identified in the application could have the effect of preventing interception from a specified facility; and
(C) the authority to intercept a wire or electronic communication under the interception order is limited to a period in which it is reasonable to presume that the person identified in the application will be reasonably proximate to the interception device.