(a) On the filing of an application for a warrant under this subchapter, a district judge may issue the warrant to obtain the disclosure of location information by a provider described by Article 18B.355(b), regardless of whether the location information is held at a location in this state or another state.
(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.

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Terms Used In Texas Code of Criminal Procedure 18B.323

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011