Texas Code of Criminal Procedure 18B.051 – Requirements Regarding Request for and Filing of Application
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(a) A prosecutor with jurisdiction in a county within a judicial district described by Article 18B.052 may file with a district judge in the judicial district an application for the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device.
(b) A prosecutor may file an application under this subchapter or under federal law on:
(1) the prosecutor’s own motion; or
(2) the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
Terms Used In Texas Code of Criminal Procedure 18B.051
- 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
(c) A prosecutor must make an application personally and may not make the application through an assistant or other person acting on the prosecutor’s behalf if the prosecutor:
(1) files an application on the prosecutor’s own motion; or
(2) files an application for the installation and use of a pen register, ESN reader, or similar equipment on the request of an authorized peace officer not commissioned by the department, other than an authorized peace officer employed by a designated law enforcement office or agency.
(d) A prosecutor may make an application through an assistant or other person acting on the prosecutor’s behalf if the prosecutor files an application for the installation and use of:
(1) a pen register, ESN reader, or similar equipment on the request of:
(A) an authorized peace officer who is commissioned by the department; or
(B) an authorized peace officer of a designated law enforcement office or agency; or
(2) a trap and trace device or similar equipment on the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.