Texas Code of Criminal Procedure 18B.202 – Order Authorizing Installation and Use of Mobile Tracking Device
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(a) A district judge may issue an order for the installation and use of a mobile tracking device only on the application of an authorized peace officer.
(b) An application must be written, signed, and sworn to before the judge.
Terms Used In Texas Code of Criminal Procedure 18B.202
- 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) The affidavit must:
(1) state the name, department, agency, and address of the applicant;
(2) identify the vehicle, container, or item to which, in which, or on which the mobile tracking device is to be attached, placed, or otherwise installed;
(3) state the name of the owner or possessor of the vehicle, container, or item identified under Subdivision (2);
(4) state the judicial jurisdictional area in which the vehicle, container, or item identified under Subdivision (2) is expected to be found; 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) the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of that criminal activity.