Tex. Code of Crim. Proc. Article 18A.102
Judicial Determinations Required for Issuance of Interception Order

On receipt of an application under Subchapter B, the judge may issue an ex parte interception order, as requested or as modified, if the judge determines from the evidence submitted by the prosecutor that:

(1)

there is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense described by Article 18A.101 (Offenses for Which Interception Order May Be Issued);

(2)

there is probable cause to believe that particular communications concerning that offense will be obtained through the interception;

(3)

normal investigative procedures have been attempted and have failed or reasonably appear to be unlikely to succeed or to be too dangerous if attempted;

(4)

there is probable cause to believe that the facilities from which or the place where the wire, oral, or electronic communications are to be intercepted is being used or is about to be used in connection with the commission of an offense or is leased to, listed in the name of, or commonly used by the person; and

(5)

a covert entry is or is not necessary to properly and safely install the wiretapping, electronic surveillance, or eavesdropping equipment.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.

Source: Article 18A.102 — Judicial Determinations Required for Issuance of Interception Order, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­18A.­htm#18A.­102 (accessed Jun. 5, 2024).

18A.001
Definitions 18A.002
Nonapplicability 18A.051
Judge of Competent Jurisdiction 18A.052
Request for Filing of Interception Application 18A.053
Jurisdiction 18A.054
Alternate Jurisdiction 18A.055
Application for Interception Order 18A.101
Offenses for Which Interception Order May Be Issued 18A.102
Judicial Determinations Required for Issuance of Interception Order 18A.103
Contents of Interception Order 18A.104
Limitation on Covert Entry 18A.105
Authority to Issue Certain Ancillary Orders 18A.106
Order to Third Party to Assist with Execution of Interception Order 18A.107
Duration of Interception Order 18A.108
Extension of Interception Order 18A.109
Report on Need for Continued Interception 18A.110
Subsequent Criminal Prosecution Related to Interception Order 18A.151
Requirements Regarding Interception Order for Communication by Specified Person 18A.152
Implementation of Interception Order 18A.153
Motion to Modify or Quash Interception Order 18A.201
Definitions 18A.202
Possession and Use of Interception Device in Emergency Situation 18A.203
Consent for Emergency Interception 18A.204
Written Order Authorizing Interception 18A.205
Certain Evidence Not Admissible 18A.251
Definition 18A.252
Use of Interception Device by Inspector General 18A.253
Reporting Use of Interception Device 18A.254
No Expectation of Privacy 18A.301
Department of Public Safety Authorized to Possess and Use Interception Device 18A.302
Texas Department of Criminal Justice Authorized to Possess and Use Interception Device 18A.303
Texas Juvenile Justice Department Authorized to Possess and Use Interception Device 18A.351
Disclosure or Use of Intercepted Communications 18A.352
Disclosure Under Oath 18A.353
Privileged Communications 18A.354
Disclosure or Use of Incidentally Intercepted Communications 18A.355
Notice and Disclosure of Interception Application, Interception Order, and Intercepted Communications 18A.356
Notice of Interception Required 18A.357
Communications Received in Evidence 18A.358
Suppression of Contents of Intercepted Communications 18A.401
Sealing of Application or Order 18A.402
Custody of Applications and Orders 18A.403
Disclosure of Application or Order 18A.404
Destruction of Application or Order 18A.451
Creation of Recordings 18A.452
Duplication of Recordings 18A.453
Sealing and Custody of Recordings 18A.454
Destruction of Recordings 18A.455
Prerequisite for Use or Disclosure of Recording in Certain Proceedings 18A.501
Contempt 18A.502
Recovery of Civil Damages by Aggrieved Person 18A.503
Action Brought by Federal or State Government 18A.504
Good Faith Defense Available 18A.505
No Cause of Action 18A.551
Report of Intercepted Communications by Judge 18A.552
Report of Intercepted Communications by Prosecutor 18A.553
Report of Intercepted Communications by Department of Public Safety
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

Art. 18A.102’s source at texas​.gov