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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a peace officer to obtain a warrant to search |
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a cellular telephone or other wireless communications device. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.02(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A search warrant may be issued to search for and seize: |
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(1) property acquired by theft or in any other manner |
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which makes its acquisition a penal offense; |
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(2) property specially designed, made, or adapted for |
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or commonly used in the commission of an offense; |
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(3) arms and munitions kept or prepared for the |
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purposes of insurrection or riot; |
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(4) weapons prohibited by the Penal Code; |
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(5) gambling devices or equipment, altered gambling |
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equipment, or gambling paraphernalia; |
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(6) obscene materials kept or prepared for commercial |
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distribution or exhibition, subject to the additional rules set |
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forth by law; |
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(7) a drug, controlled substance, immediate |
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precursor, chemical precursor, or other controlled substance |
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property, including an apparatus or paraphernalia kept, prepared, |
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or manufactured in violation of the laws of this state; |
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(8) any property the possession of which is prohibited |
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by law; |
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(9) implements or instruments used in the commission |
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of a crime; |
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(10) property or items, except the personal writings |
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by the accused, constituting evidence of an offense or constituting |
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evidence tending to show that a particular person committed an |
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offense; |
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(11) persons; |
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(12) contraband subject to forfeiture under Chapter 59 |
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of this code; [or] |
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(13) electronic customer data held in electronic |
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storage, including the contents of and records and other |
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information related to a wire communication or electronic |
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communication held in electronic storage; or |
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(14) a cellular telephone or other wireless |
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communications device, subject to Article 18.0215. |
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SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.0215 to read as follows: |
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Art. 18.0215. ACCESS TO CELLULAR TELEPHONE OR OTHER |
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WIRELESS COMMUNICATIONS DEVICE. (a) A peace officer may not |
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search a person's cellular telephone or other wireless |
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communications device, pursuant to a lawful arrest of the person or |
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otherwise, without obtaining a warrant under this article. |
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(b) A warrant under this article may be issued only by a |
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district judge in the same judicial district as the site of: |
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(1) the law enforcement agency that employs the peace |
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officer, if the cellular telephone or other wireless communications |
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device is in the officer's possession; or |
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(2) the likely location of the telephone or device. |
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(c) A district judge may issue a warrant under this article |
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only on the application of a peace officer. An application must be |
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written and signed and sworn to or affirmed before the judge. The |
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application must: |
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(1) state the name, department, agency, and address of |
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the applicant; |
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(2) identify the cellular telephone or other wireless |
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communications device to be searched; |
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(3) state the name of the owner or possessor of the |
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telephone or device to be searched; |
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(4) state the judicial district in which: |
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(A) the law enforcement agency that employs the |
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peace officer is located, if the telephone or device is in the |
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officer's possession; or |
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(B) the telephone or device is likely to be |
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located; and |
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(5) state the facts and circumstances that provide the |
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applicant with probable cause to believe that: |
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(A) criminal activity has been, is, or will be |
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committed; and |
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(B) searching the telephone or device is likely |
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to produce evidence in the investigation of the criminal activity |
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described in Paragraph (A). |
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(d) Notwithstanding any other law, a peace officer may |
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search a cellular telephone or other wireless communications device |
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without a warrant if: |
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(1) the owner or possessor of the telephone or device |
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consents to the search; |
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(2) the telephone or device is reported stolen by the |
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owner or possessor; or |
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(3) the officer reasonably believes that: |
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(A) the telephone or device is in the possession |
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of a fugitive from justice for whom an arrest warrant has been |
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issued for committing a felony offense; or |
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(B) there exists an immediate life-threatening |
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situation, as defined by Section 1, Article 18.20. |
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(e) A peace officer must apply for a warrant to search a |
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cellular telephone or other wireless communications device as soon |
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as practicable after a search is conducted under Subsection |
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(d)(3)(A) or (B). If the district judge finds that the applicable |
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situation under Subsection (d)(3)(A) or (B) did not occur and |
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declines to issue the warrant, any evidence obtained is not |
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admissible in a criminal action. |
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SECTION 3. This Act takes effect September 1, 2015. |
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