Texas Code of Criminal Procedure 18.0215 – Access to Cellular Telephone or Other Wireless Communications Device
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(a) A peace officer may not search a person‘s cellular telephone or other wireless communications device, pursuant to a lawful arrest of the person without obtaining a warrant under this article.
(b) A warrant under this article may be issued only by a judge, including a judge of a statutory county court, in the same judicial district as the site of:
(1) the law enforcement agency that employs the peace officer, if the cellular telephone or other wireless communications device is in the officer’s possession; or
(2) the likely location of the telephone or device.
Terms Used In Texas Code of Criminal Procedure 18.0215
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- 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.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A judge may issue a warrant under this article only on the application of a peace officer. An application must be written and signed and sworn to or affirmed before the judge. The application must:
(1) state the name, department, agency, and address of the applicant;
(2) identify the cellular telephone or other wireless communications device to be searched;
(3) state the name of the owner or possessor of the telephone or device to be searched;
(4) state the judicial district in which:
(A) the law enforcement agency that employs the peace officer is located, if the telephone or device is in the officer’s possession; or
(B) the telephone or device is likely to be located; and
(5) state the facts and circumstances that provide the applicant with probable cause to believe that:
(A) criminal activity has been, is, or will be committed; and
(B) searching the telephone or device is likely to produce evidence in the investigation of the criminal activity described in Paragraph (A).
(d) Notwithstanding any other law, a peace officer may search a cellular telephone or other wireless communications device without a warrant if:
(1) the owner or possessor of the telephone or device consents to the search;
(2) the telephone or device is reported stolen by the owner or possessor; or
(3) the officer reasonably believes that:
(A) the telephone or device is in the possession of a fugitive from justice for whom an arrest warrant has been issued for committing a felony offense; or
(B) there exists an immediate life-threatening situation, as defined by Article 18A.201.
(e) A peace officer must apply for a warrant to search a cellular telephone or other wireless communications device as soon as practicable after a search is conducted under Subsection (d)(3)(A) or (B). If the judge finds that the applicable situation under Subsection (d)(3)(A) or (B) did not occur and declines to issue the warrant, any evidence obtained is not admissible in a criminal action.