HOME PAGE OF HOUSTON TEXAS CRIMINAL DEFENSE LAWYER ANDY NOLEN
HOME
EDUCATION AND 15 YEARS CRIMINAL COURTHOUSE EXPERIENCE OF HOUSTON CRIMINAL DEFENSE ATTORNEY ANDY NOLEN
ATTORNEY
PROFILE
HOUSTON TEXAS CRIMINAL CASE DISMISSALS WON BY HARRIS COUNTY CRIMINAL DEFENSE LAWYER ANDY NOLEN
RECENT
CASE
RESULTS
LEGAL SERVICES OFFERED BY THE HOUSTON TEXAS LAW OFFICE OF CRIMINAL LAWYER ANDY NOLEN
SERVICES
LINKS TO CRIMINAL, GOVERNMENT, COURTHOUSE, JAIL, BONDING AND OTHER DEFENSE RELATED WEBSITES.
LINKS
CONTACT THE LAW OFFICE OF CRIMANL DEFENSE LAWYER ANDY NOLEN BY PHONE, EMAIL, YAHOO MESSENGER AND PAYPAL.
CONTACT
THE HARRIS COUNTY CRIMINAL COURTS OFFICIAL CRIMINAL CHARGE BONDING SCHEDULE
BOND
SCHEDULE
HARRIS COUNTY CRIMINAL MISDEMEANOR AND FELONY COURTS LOCATIONS AND PHONE NUMBERS
COURT
PHONES &
INFO
ALCOHOL LEVEL TESTER SIMILAR TO A BREATHALYZER USED BY LAW ENFORCEMENT AGENCIES.
ALCOHOL
LEVEL
TESTER
SITEMAP OF HOUSTON CRIMINAL DEFENSE LAWYER ANDY NOLEN
SITE MAP
HOUSTON CRIMINAL DEFENSE ATTORNEY
OVER 15 YEARS CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
Houston Juvenile DefenseLawyer Andy Nolen has helped juveniles for over 15 years.
Houston
Juvenile
Defense
Harris County Criminal Lawyer Andy Nolen has had over 400 cases dismissed.
Houston
Criminal
Defense
Houston Criminal Lawyer Andy Nolen has over 15 years experience defending drug charges.
Houston
Drug
Defense
Visit our other websites:
DWI / Drunk Driving
Drug Charges
Juvenile Law
Theft Charges
Credit Card Abuse
Assault, Violent Crimes
Probation Violations
Domestic Violence
Occupation Drivers License
Bonding Issues
Any time you are charged with a criminal charge it is a very serious matter.  Many of
my clients over the last 15 years have expressed an interest in resolving their case
as quickly as possible so that they can be finished with it.

That rush to be finished is usually replaced by a new found desire to obtain the best
possible outcome once the long term ramifications of a criminal conviction are
explained.  Long term effects can include a criminal record FOR LIFE, affect your
ability to get a job, obtain credit including denial of a mortgage application, loss of
your Driver's License, surcharges on your License......and the list goes on and on.
713-697-4373
FREE CONSULTATION
Phones Answered 7 Days
Flexible Appointments
15 Years Courthouse
Experience as a
Houston Criminal
Defense Attorney
ANDY NOLEN, ATTORNEY AT LAW
TEXAS DEFENSE LAWYER
Andy Nolen, Houston Criminal Lawyer
Hundreds of Cases Dismissed

CODE OF CRIMINAL PROCEDURE

CHAPTER 18. SEARCH WARRANTS

(C) a communication from a tracking device.
(16) "User" means a person who uses an electronic communications service and is authorized by the provider of the service to use
the service.
(17) "Electronic communications system" means a wire, radio, electromagnetic, photo-optical or photoelectronic facility for the
transmission of wire or electronic communications, and any computer facility or related electronic equipment for the electronic
storage of those communications.
(18) "Electronic communications service" means a service that provides to users of the service the ability to send or receive wire or
electronic communications.
(19) "Readily accessible to the general public" means, with respect to a radio communication, a communication that is not:
(A) scrambled or encrypted;
(B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of
preserving the privacy of the communication;  
(C) carried on a subcarrier or other signal subsidiary to a radio transmission;
(D) transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging
system communication;
(E) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94 of the rules of the Federal
Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is
not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;  or
(F) an electronic communication.
(20) "Electronic storage" means:
(A) a temporary, intermediate storage of a wire or electronic communication that is incidental to the electronic transmission of the
communication;  or
(B) storage of a wire or electronic communication by an electronic communications service for purposes of backup protection of the
communication.
(21) "Aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the
point of reception.
(22) "Immediate life-threatening situation" means a hostage, barricade, or other emergency situation in which a person unlawfully
and directly:
(A) threatens another with death;  or
(B) exposes another to a substantial risk of serious bodily injury.
(23)  "Member of a law enforcement unit specially trained to respond to and deal with life-threatening situations" means a peace
officer who, as evidenced by the submission of appropriate documentation to the Commission on Law Enforcement Officer
Standards and Education:
(A)  receives a minimum of 40 hours a year of training in hostage and barricade suspect situations; or
(B)  has received a minimum of 24 hours of training on kidnapping investigations and is:
(i)  the sheriff of a county with a population of 3.3 million or more or the sheriff's designee; or
(ii)  the police chief of a police department in a municipality with a population of 500,000 or more or the police chief's designee.
(24) "Access," "computer," "computer network," "computer system," and "effective consent" have the meanings assigned by
Section 33.01, Penal Code.
(25) "Computer trespasser" means a person who:
(A) is accessing a protected computer without effective consent of the owner;  and
(B) has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer.  The
term does not include a person who accesses the computer under an existing contractual relationship with the owner or operator of
the protected computer.
(26) "Protected computer" means a computer, computer network, or computer system that is:
(A) owned by a financial institution or governmental entity;  or
(B) used by or for a financial institution or governmental entity and conduct constituting an offense affects that use.
Prohibition of Use as Evidence of Intercepted Communications
Sec. 2. (a) The contents of an intercepted communication and evidence derived from an intercepted communication may be
received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority of the United States or of this state or a political subdivision of this state
unless:
(1) the communication was intercepted in violation of this article, Section 16.02, Penal Code, or federal law;  or
(2) the disclosure of the contents of the intercepted communication or evidence derived from the communication would be in
violation of this article, Section 16.02, Penal Code, or federal law.
(b) The contents of an intercepted communication and evidence derived from an intercepted communication may be received in a
civil trial, hearing, or other proceeding only if the civil trial, hearing, or other proceeding arises out of a violation of a penal law.
(c) This section does not prohibit the use or admissibility of the contents of a communication or evidence derived from the
communication if the communication was intercepted in a jurisdiction outside this state in compliance with the law of that
jurisdiction.
Judges Authorized to Consider Interception Applications
Sec. 3. (a) The presiding judge of the court of criminal appeals, by order filed with the clerk of that court, shall appoint one district
judge from each of the administrative judicial districts of this state to serve at his pleasure as the judge of competent jurisdiction
within that administrative judicial district.  The presiding judge shall fill vacancies, as they occur, in the same manner.
(b) Except as provided by Subsection (c), a judge appointed under Subsection (a) may act on an application for authorization to
intercept wire, oral, or electronic communications if the judge is appointed as the judge of competent jurisdiction within the
administrative judicial district in which the following is located:
(1) the site of:
(A) the proposed interception;  or
(B) the interception device to be installed or monitored;
(2) the communication device to be intercepted;
(3) the billing, residential, or business address of the subscriber to the electronic communications service to be intercepted;
(4) the headquarters of the law enforcement agency that makes a request for or executes an order authorizing an interception;  or
(5) the headquarters of the service provider.
(c) If the judge of competent jurisdiction for an administrative judicial district is absent or unable to serve or if exigent
circumstances exist, the application may be made to the judge of competent jurisdiction in an adjacent administrative judicial
district.  Exigent circumstances does not include a denial of a previous application on the same facts and circumstances.  To be
valid, the application must fully explain the circumstances justifying application under this subsection.
Sec. 4.  OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.  A judge of competent jurisdiction may issue an order
authorizing interception of wire, oral, or electronic communications only if the prosecutor applying for the order shows probable
cause to believe that the interception will provide evidence of the commission of:
(1)  a felony under Section 19.02, 19.03, or 43.26, Penal Code;
(2)  a felony under:
(A)  Chapter 481, Health and Safety Code, other than felony possession of marihuana;
(B)  Section 485.033, Health and Safety Code; or
(C)  Chapter 483, Health and Safety Code;
(3)  an offense under Section 20.03 or 20.04, Penal Code;
(4)  an offense under Chapter 20A, Penal Code;
(5)  an offense under Chapter 34, Penal Code, if the criminal activity giving rise to the proceeds involves the commission of an
offense under Title 5, Penal Code, or an offense under federal law or the laws of another state containing elements that are
substantially similar to the elements of an offense under Title 5; or
(6)  an attempt, conspiracy, or solicitation to commit an offense listed in this section.
Control of Intercepting Devices
Sec. 5. (a) Except as provided by Section 8A, only the Department of Public Safety is authorized by this article to own, possess,
install, operate, or monitor an electronic, mechanical, or other device.  The Department of Public Safety may be assisted by an
investigative or law enforcement officer or other person in the operation and monitoring of an interception of wire, oral, or
electronic communications, provided that the officer or other person:
(1) is designated by the director for that purpose;  and
(2) acts in the presence and under the direction of a commissioned officer of the Department of Public Safety.
(b) The director shall designate in writing the commissioned officers of the Department of Public Safety who are responsible for the
possession, installation, operation, and monitoring of electronic, mechanical, or other devices for the department.
Request for Application for Interception
Sec. 6. (a) The director may, based on written affidavits, request in writing that a prosecutor apply for an order authorizing
interception of wire, oral, or electronic communications.
(b) The head of a local law enforcement agency or, if the head of the local law enforcement agency is absent or unable to serve,
the acting head of the local law enforcement agency may, based on written affidavits, request in writing that a prosecutor apply for
an order authorizing interception of wire, oral, or electronic communications. Prior to the requesting of an application under this
subsection, the head of a local law enforcement agency must submit the request and supporting affidavits to the director, who
shall make a finding in writing whether the request and supporting affidavits establish that other investigative procedures have
been tried and failed or they reasonably appear unlikely to succeed or to be too dangerous if tried, is feasible, is justifiable, and
whether the Department of Public Safety has the necessary resources available.  The prosecutor may file the application only after
a written positive finding on all the above requirements by the director.
Authorization for Disclosure and Use of Intercepted Communications
Sec. 7. (a) An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the
contents of a wire, oral, or electronic communication or evidence derived from the communication may disclose the contents or
evidence to another investigative or law enforcement officer, including a federal law enforcement officer or agent or a law
enforcement officer or agent of another state, to the extent that the disclosure is appropriate to the proper performance of the
official duties of the officer making or receiving the disclosure.
(b) An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the contents of
a wire, oral, or electronic communication or evidence derived from the communication may use the contents or evidence to the
extent the use is appropriate to the proper performance of his official duties.
(c) A person who receives, by any means authorized by this article, information concerning a wire, oral, or electronic communication
or evidence derived from a communication intercepted in accordance with the provisions of this article may disclose the contents of
that communication or the derivative evidence while giving testimony under oath in any proceeding held under the authority of the
United States, of this state, or of a political subdivision of this state.
(d) An otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions
of this article does not lose its privileged character and any evidence derived from such privileged communication against the party
to the privileged communication shall be considered privileged
!5 years Courtroom Experience And Over 400 Hundred Cases Dismissed Places Houston Criminal Defense Attorney Andy Nolen Amongst the Best Criminal Lawyers in Houston and Harris County, Texas.