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Texas Code of Criminal Procedure - CRIM P Art. § 18B.051. Requirements Regarding Request for and Filing of Application

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(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.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 18B.051. Requirements Regarding Request for and Filing of Application - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-18b-051/

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