Art. 18B.151 EMERGENCY INSTALLATION AND USE OF PEN REGISTER OR TRAP AND TRACE DEVICE
Chapter 18B: Installation and Use of Tracking Equipment; Access to Communications
Rule Text
(a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 6, eff. September 1, 2021.
(b) A peace officer authorized to possess, install, operate, or monitor a device under Subchapter E, Chapter 18A, may install and use a pen register or trap and trace device if the peace officer reasonably believes:
(1) an immediate life-threatening situation exists that:
(A) is within the territorial jurisdiction of the peace officer or another officer the peace officer is assisting; and
(B) requires the installation of a pen register or trap and trace device before an order authorizing the installation and use can, with due diligence, be obtained under this chapter; and
(2) there are sufficient grounds under this chapter on which to obtain an order authorizing the installation and use of a pen register or trap and trace device.
Amendment history: Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 6, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 7, eff. September 1, 2021.