Texas Code of Criminal Procedure 18B.323 – Issuance of Warrant
(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.
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