In recent years, disciplinary problems have arisen in police institutions, courts, criminal attorneys due to searches and attacks on mobile phones and mobile phones. In less than 20 years, cell phones have evolved from minimal functioning mechanisms for voice calls to complex and compact computers. Most modern mobile phones have the ability to store detailed contact information, calendar and schedule information, call history, text messages, and voicemail. A more sophisticated model like the Apple iPhone 6s has the ability to store more intrusive information such as geographical location, frequent location, proposal of identity of unsaved contacts, etc. Mobile phones often contact the user's life details often. Many mobile phone users expect the same privacy on mobile phones, just as they expect at home. This year, Texas lawmakers agreed and revised the law as a result.
HB 1396 will amend Article 18.02 (a) of the Criminal Procedure Code of Texas.
Under the new provision, law enforcement officials must obtain warrants before searching or seizure of mobile devices without specific exceptions. In the application, officers shall state the fact that criminal acts are occurring, revealing possible causes that may be occurring or may be carried out. Or by searching for a phone or device, there is a high possibility that evidence that a criminal activity has occurred is obtained. If the evidence asserted in a warrant application is not supported, evidence from a mobile phone search may not be accepted.
This amendment to Article 18.02 (a) provides additional protection of personal information. However, there are exceptions to warrant requirements, including agreements and emergency situations. A warrant is not necessary if the owner or owner of the cellular equipment agrees to search and seize the equipment. In addition, warrants are not required in emergency situations or emergency situations as defined in Article 18.20 of the Code of Criminal Procedure. Essentially, if there is a risk of serious injury or serious injury, a warrant is not necessary. If a search is made under an emergency exception, the actions of law enforcement officials will be judged later at the hearing.
So, what does this mean to you? Essentially, Texas law protects your personal information from unauthorized infringement searches. Law enforcement agencies shall be able to clarify the facts that criminal acts are likely to acquire a warrant or reveal facts that are likely to be likely. Although this assurance requirement may result in the destruction of potential evidence and delay the investigation process, this requirement provides similar protection as citizens who have long enjoyed at home. Please contact an experienced Houston Criminal Lawyer for exceptions on amendments and warrants of the Texas State Texas State Criminal Procedure Code 18.02 (a) in Texas.
EmoticonEmoticon