Texas Code of Criminal Procedure 18B.322 – Warrant Required for Certain Location Information Held in Electronic Storage
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(a) A warrant is required to obtain the disclosure of location information described by Article 18B.321(a) by a provider of an electronic communications service or a provider of a remote computing service.
(b) Only a prosecutor or a prosecutor’s assistant with jurisdiction in a county within a judicial district described by Article 18B.052(4) may file an application for a warrant under this subchapter. The application must be supported by the sworn affidavit required by Article 18.01(b).
Terms Used In Texas Code of Criminal Procedure 18B.322
- 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.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) The application must be filed with a district judge in the applicable judicial district on:
(1) the prosecutor’s or assistant’s own motion; or
(2) the request of an authorized peace officer of a designated law enforcement office or agency or an authorized peace officer commissioned by the department.