CODE OF CRIMINAL PROCEDURE
CHAPTER 18. SEARCH WARRANTS

with the same investigation;
(ii) the premises into or onto which the covert entry is authorized or the person whose
communications are to be obtained has been the subject of an interception of wire or electronic
communications previously authorized in connection with the same investigation;  and
(iii) that such procedures have failed;  or
(B) that the procedures enumerated in Paragraph (A) reasonably appear to be unlikely to succeed
or to be too dangerous if tried or are not feasible under the circumstances or exigencies of time;  
and
(2) the order, in addition to the matters required to be specified under Subsection (b) of this
section, specifies that the covert entry is for the purpose of intercepting oral communications of two
or more persons and that there is probable cause to believe they are committing, have committed,
or are about to commit a particular offense enumerated in Section 4 of this article.
(g) Whenever an order authorizing interception is entered pursuant to this article, the order may
require reports to the judge who issued the order showing what progress has been made toward
achievement of the authorized objective and the need for continued interception.  Reports shall be
made at any interval the judge requires.
(h) A judge who issues an order authorizing the interception of a wire, oral, or electronic
communication may not hear a criminal prosecution in which evidence derived from the interception
may be used or in which the order may be an issue.
Procedure for Preserving Intercepted Communications
Sec. 10. (a) The contents of a wire, oral, or electronic communication intercepted by means
authorized by this article shall be recorded on tape, wire, or other comparable device.  The
recording of the contents of a wire, oral, or electronic communication under this subsection shall be
done in a way that protects the recording from editing or other alterations.
(b) Immediately on the expiration of the period of the order and all extensions, if any, the
recordings shall be made available to the judge issuing the order and sealed under his directions.  
Custody of the recordings shall be wherever the judge orders.  The recordings may not be
destroyed until at least 10 years after the date of expiration of the order and the last extension, if
any.  A recording may be destroyed only by order of the judge of competent jurisdiction for the
administrative judicial district in which the interception was authorized.
(c) Duplicate recordings may be made for use or disclosure pursuant to Subsections (a) and (b),
Section 7, of this article for investigations.
(d) The presence of the seal required by Subsection (b) of this section or a satisfactory explanation
of its absence is a prerequisite for the use or disclosure of the contents of a wire, oral, or electronic
communication or evidence derived from the communication under Subsection (c), Section 7, of
this article.
Sealing of Orders and Applications
Sec. 11. The judge shall seal each application made and order granted under this article.  Custody
of the applications and orders shall be wherever the judge directs.  An application or order may be
disclosed only on a showing of good cause before a judge of competent jurisdiction and may not
be destroyed until at least 10 years after the date it is sealed.  An application or order may be
destroyed only by order of the judge of competent jurisdiction for the administrative judicial district
in which it was made or granted.
Contempt
Sec. 12. A violation of Section 10 or 11 of this article may be punished as contempt of court.
Notice and Disclosure of Interception to a Party
Sec. 13. (a) Within a reasonable time but not later than 90 days after the date an application for
an order is denied or after the date an order or the last extension, if any, expires, the judge who
granted or denied the application shall cause to be served on the persons named in the order or
the application and any other parties to intercepted communications, if any, an inventory, which
must include notice:
(1) of the entry of the order or the application;
(2) of the date of the entry and the period of authorized interception or the date of denial of the
application;  and
(3) that during the authorized period wire, oral, or electronic communications were or were not
intercepted.
(b) The judge, on motion, may in his discretion make available to a person or his counsel for
inspection any portion of an intercepted communication, application, or order that the judge
determines, in the interest of justice, to disclose to that person.
(c) On an ex parte showing of good cause to the judge, the serving of the inventory required by
this section may be postponed, but in no event may any evidence derived from an order under this
article be disclosed in any trial, until after such inventory has been served.
Preconditions to Use as Evidence
Sec. 14. (a) The contents of an intercepted wire, oral, or electronic communication or evidence
derived from the communication may not be received in evidence or otherwise disclosed in a trial,
hearing, or other proceeding in a federal or state court unless each party, not later than the 10th
day before the date of the trial, hearing, or other proceeding, has been furnished with a copy of
the court order and application under which the interception was authorized or approved.  This
10-day period may be waived by the judge if he finds that it is not possible to furnish the party with
the information 10 days before the trial, hearing, or proceeding and that the party will not be
prejudiced by the delay in receiving the information.
(b) An aggrieved person charged with an offense in a trial, hearing, or proceeding in or before a
court, department, officer, agency, regulatory body, or other authority of the United States or of
this state or a political subdivision of this state may move to suppress the contents of an
intercepted wire, oral, or electronic communication or evidence derived from the communication on
the ground that:
(1) the communication was unlawfully intercepted;
(2) the order authorizing the interception is insufficient on its face;  or
(3) the interception was not made in conformity with the order.
(c) A person identified by a party to an intercepted wire, oral, or electronic communication during
the course of that communication may move to suppress the contents of the communication on the
grounds provided in Subsection (b) of this section or on the ground that the harm to the person
resulting from his identification in court exceeds the value to the prosecution of the disclosure of
the contents.
(d) The motion to suppress must be made before the trial, hearing, or proceeding unless there
was no opportunity to make the motion or the person was not aware of the grounds of the motion.  
The hearing on the motion shall be held in camera upon the written request of the aggrieved
person.  If the motion is granted, the contents of the intercepted wire, oral, or electronic
communication and evidence derived from the communication shall be treated as having been
obtained in violation of this article.  The judge, on the filing of the motion by the aggrieved person,
shall make available to the aggrieved person or his counsel for inspection any portion of the
intercepted communication or evidence derived from the communication that the judge determines,
in the interest of justice, to make available.
(e) Any judge of this state, upon hearing a pretrial motion regarding conversations intercepted by
wire pursuant to this article, or who otherwise becomes informed that there exists on such
intercepted wire, oral, or electronic communication identification of a specific individual who is not a
party or suspect to the subject of interception:
(1) shall give notice and an opportunity to be heard on the matter of suppression of references to
that person if identification is sufficient so as to give notice;  or
(2) shall suppress references to that person if identification is sufficient to potentially cause
embarrassment or harm which outweighs the probative value, if any, of the mention of such
person, but insufficient to require the notice provided for in Subdivision (1), above.
Reports concerning intercepted wire, oral, or electronic communications
Sec. 15. (a) Within 30 days after the date an order or the last extension, if any, expires or after
the denial of an order, the issuing or denying judge shall report to the Administrative Office of the
United States Courts:
(1) the fact that an order or extension was applied for;
(2) the kind of order or extension applied for;
(3) the fact that the order or extension was granted as applied for, was modified, or was denied;
(4) the period of interceptions authorized by the order and the number and duration of any
extensions of the order;
(5) the offense specified in the order or application or extension;
(6) the identity of the officer making the request and the prosecutor;  and
(7) the nature of the facilities from which or the place where communications were to be intercepted.
(b) In January of each year each prosecutor shall report to the Administrative Office of the United
States Courts the following information for the preceding calendar year:
(1) the information required by Subsection (a) of this section with respect to each application for an
order or extension made;
(2) a general description of the interceptions made under each order or extension, including the
approximate nature and frequency of incriminating communications intercepted, the approximate
nature and frequency of other communications intercepted, the approximate number of persons
whose communications were intercepted, and the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions;
(3) the number of arrests resulting from interceptions made under each order or extension and the
offenses for which arrests were made;
(4) the number of trials resulting from interceptions;
(5) the number of motions to suppress made with respect to interceptions and the number granted
or denied;
(6) the number of convictions resulting from interceptions, the offenses for which the convictions
were obtained, and a general assessment of the importance of the interceptions;  and
(7) the information required by Subdivisions (2) through (6) of this subsection with respect to
orders or extensions obtained.
(c) Any judge or prosecutor required to file a report with the Administrative Office of the United
States Courts shall forward a copy of such report to the director of the Department of Public Safety.  
On or before March 1 of each year, the director shall submit to the governor;  lieutenant governor;  
speaker of the house of representatives;  chairman, senate jurisprudence committee;  and
chairman, house of representatives criminal jurisprudence committee a report of all intercepts as
defined herein conducted pursuant to this article and terminated during the preceding calendar
year.  Such report shall include:
(1) the reports of judges and prosecuting attorneys forwarded to the director as required in this
section;
(2) the number of Department of Public Safety personnel authorized to possess, install, or operate
electronic, mechanical, or other devices;
(3) the number of Department of Public Safety and other law enforcement personnel who
participated or engaged in the seizure of intercepts pursuant to this article during the preceding
calendar year;  and
(4) the total cost to the Department of Public Safety of all activities and procedures relating to the
seizure of intercepts during the preceding calendar year, including costs of equipment, manpower,
and expenses incurred as compensation for use of facilities or technical assistance provided to the
department.
Recovery of Civil Damages Authorized
Sec. 16. (a) A person whose wire, oral, or electronic communication is intercepted, disclosed, or
used in violation of this article, or in violation of Chapter 16, Penal Code, has a civil cause of action
against any person who intercepts, discloses, or uses or solicits another person to intercept,
disclose, or use the communication and is entitled to recover from the person:
(1) actual damages but not less than liquidated damages computed at a rate of $100 a day for
each day of violation or $1,000, whichever is higher;
(2) punitive damages;  and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
(b) A good faith reliance on a court order or legislative authorization constitutes a complete
defense to
Our law firm has handled thousands of criminal charges including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors,

Failure to Stop and Give Information, Reckless Driving,

Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or

Deferred Adjudication, Burglary of a Building or Habitation, Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed, reduced,

or kept off their records and

we can help you.



Please call today  713-697-4373
.b
Any time you are charged with a criminal charge it is a very serious
matter requiring a
criminal lawyer.


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.  These can be avoided with a good
Houston Criminal Defense Lawyer.
.
Code of Criminal Procedure Ch 1
Code of Criminal Procedure Ch 2
Code of Criminal Procedure Ch 3
Code of Criminal Procedure Ch 4
Code of Criminal Procedure Ch 5
Code of Criminal Procedure Ch 6
Code of Criminal Procedure Ch 7
Code of Criminal Procedure Ch 8
Code of Criminal Procedure Ch 9
Code of Criminal Procedure Ch 10
Code of Criminal Procedure Ch 11
Code of Criminal Procedure Ch 12
Code of Criminal Procedure Ch 13
Code of Criminal Procedure Ch 14
Code of Criminal Procedure Ch 15
Code of Criminal Procedure Ch 16
Code of Criminal Procedure Ch 17
Code of Criminal Procedure Ch 17a
Code of Criminal Procedure Ch 18 1
Code of Criminal Procedure Ch 18 2
Code of Criminal Procedure Ch 18 3
Code of Criminal Procedure Ch 18  4
Code of Criminal Procedure Ch 18  5
Code of Criminal Procedure Ch 18  6
Code of Criminal Procedure Ch 18  7
Code of Criminal Procedure Ch 18 8
Code of Criminal Procedure Ch 18 9
Code of Criminal Procedure Ch 18  10
Code of Criminal Procedure Ch 18  11
Code of Criminal Procedure Ch 19
Code of Criminal Procedure Ch 20
Code of Criminal Procedure Ch 21
Code of Criminal Procedure Ch 22]
Code of Criminal Procedure Ch 23
Code of Criminal Procedure Ch 24
Code of Criminal Procedure Ch 25
Code of Criminal Procedure Ch 26 1
Code of Criminal Procedure Ch 26  2
Code of Criminal Procedure Ch 26  3
Code of Criminal Procedure Ch 27
Code of Criminal Procedure Ch 28
Code of Criminal Procedure Ch 29
Code of Criminal Procedure Ch 30
Code of Criminal Procedure Ch 31
Code of Criminal Procedure Ch 32
Code of Criminal Procedure Ch 32a
Code of Criminal Procedure Ch 33
Code of Criminal Procedure Ch 34
Code of Criminal Procedure Ch 35 - 1
Code of Criminal Procedure Ch 35 - 2
Code of Criminal Procedure Ch 36 - 1
Code of Criminal Procedure Ch 36 - 2
Code of Criminal Procedure Ch 37 - 1
Code of Criminal Procedure Ch 37 - 2
Code of Criminal Procedure Ch 37 - 3
Code of Criminal Procedure Ch 38 - 1
Code of Criminal Procedure Ch 38 - 2
Code of Criminal Procedure Ch 38 - 3
Code of Criminal Procedure Ch 38 - 4
Code of Criminal Procedure Ch 39
Code of Criminal Procedure Ch 40
Code of Criminal Procedure Ch 42-1
Code of Criminal Procedure Ch 42-2
Code of Criminal Procedure Ch 42-3
Code of Criminal Procedure Ch 42-4
Code of Criminal Procedure Ch 42-5
Code of Criminal Procedure Ch 42-6
Code of Criminal Procedure Ch 42-7
Code of Criminal Procedure Ch 42-8
Code of Criminal Procedure Ch 42-9
Code of Criminal Procedure Ch 42-10
Code of Criminal Procedure Ch 43-1l
Code of Criminal Procedure Ch 43-2
Code of Criminal Procedure Ch 44-1
Code of Criminal Procedure Ch 44-2
Code of Criminal Procedure Ch 45-1
Code of Criminal Procedure Ch 45-2
Code of Criminal Procedure Ch 45-3
Code of Criminal Procedure Ch 45 - 4
Code of Criminal Procedure Ch 45-5
Code of Criminal Procedure Ch 45-6
Code of Criminal Procedure Ch 46
Code of Criminal Procedure Ch 46a
Code of Criminal Procedure Ch 46b-1
Code of Criminal Procedure Ch 46b-2
Code of Criminal Procedure Ch 46b-3
Code of Criminal Procedure Ch 46b-4
THE TEXAS
CONSTITUTION

FREEDOM AND SOVEREIGNTY
OF STATE
REPUBLICAN FORM OF
GOVERNMENT
EQUAL RIGHTS
EQUALITY UNDER THE LAW
RELIGIOUS TESTS
RELIGIOUS BELIEFS; OATHS
AND AFFIRMATIONS
FREEDOM OF WORSHIP
APPROPRIATIONS FOR
SECTARIAN PURPOSES
FREEDOM OF SPEECH AND
PRESS; LIBEL
SEARCHES AND VIOLATION OF
CONDITION OF RELEASE
PENDING TRIAL; DENIAL OF
BAIL, SEIZURES
RIGHTS OF ACCUSED IN
CRIMINAL PROSECUTIONS
BAIL
MULTIPLE CONVICTIONS;
DENIAL OF BAIL
VIOLATION OF AN ORDER FOR
EMERGENCY PROTECTION
INVOLVING FAMILY VIOLENCE
HABEAS CORPUS
EXCESSIVE BAIL OR FINES;
CRUEL AND UNUSUAL
PUNISHMENT; REMEDY BY
DUE COURSE OF LAW
DOUBLE JEOPARDY
RIGHT OF TRIAL BY JURY
COMMITMENT OF PERSONS OF
UNSOUND MIND
BILLS OF ATTAINDER; EX POST
FACTO OR RETROACTIVE
LAWS; IMPAIRING
OBLIGATION OF CONTRACTS
DAMAGING, OR DESTROYING
PROPERTY
DEPRIVATION OF LIFE,
LIBERTY, ETC.; DUE COURSE OF
LAW
RIGHT TO KEEP AND BEAR
ARMS
RIGHT OF ASSEMBLY;
PETITION FOR REDRESS OF
GRIEVANCES
RIGHTS OF CRIME VICTIMS
COMPENSATION TO VICTIMS OF
CRIME
MARRIAGE
DIVISION OF POWERS
LEGISLATIVE DEPARTMENT
JUDGE OF QUALIFICATIONS
RULES OF PROCEDURE
VACANCIES; WRITS OF
ELECTION
PRIVILEGED FROM ARREST
DISRESPECTFUL OR
DISORDERLY CONDUCT
COLLECTORS OF TAXES
Texas Ethics Commission
HOUSE OF REPRESENTATIVES
Senators and Representatives
LAWS PASSED BY BILL
DEFEATED BILLS AND
RESOLUTIONS
EFFECT OF LAWS;
EMERGENCIES
REVISION OF LAWS
CHANGE OF VENUE IN CIVIL
AND CRIMINAL CASES
LOTTERIES AND GIFT
ENTERPRISES; BINGO GAMES
EMERGENCY SERVICES
DISTRICTS
JAIL DISTRICTS
Texas State Debt
COMPTROLLER OF PUBLIC
ACCOUNTS
VETERANS' HOUSING
ASSISTANCE FUND
VETERANS' LAND BOARD;
BOND ISSUES
The Houston, Texas,  law firm of Andy Nolen,  represents people who have been accused of a state crime in Texas, including in communities such as
League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West
University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest.  All misdemeanors including DWI, also called DUI
and all Felonies.
ARE YOU FACING A
CRIMINAL CHARGE?

If so, you need a lawyer
with experience in
criminal courts.

Houston Criminal
Attorney Andy Nolen has
over 17 years criminal
defense experience.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT