Without a doubt, the greatest drama ever to be aired on HBO was The Wire, which ran from 2002-2008. For those unfamiliar with the show, each season took a look at a different player or character in the Baltimore drug trade. Early on in the show, the District Attorney’s office seeks to obtain a judicial order authorizing a wiretap, so that it can track both the drug game and where the money from the drug trade goes. So, what is the status of wiretaps in Texas for drug offenses?
In Texas, a judge may issue a wiretap “only if the prosecutor applying for the [wiretap] order shows probable cause to believe that the interception [of information] will provide evidence of the commission of:
(1) Murder, capital murder, or possession or promotion of child pornography;
(2) A wide range of felony drug charges, excluding felony possession of marijuana;
(3) Felony delivery of an abusable volatile chemical to a person under 18 years of age;
(4) Felony offenses involving “dangerous drugs” (i.e. drugs unsafe for self-medication not included in Schedule I-IV or Penalty Groups 1-4);
(5) Felony kidnapping or aggravated kidnapping;
(6) Money laundering, if the money being laundered comes from an offense under Title 5 (covering government organizations and employees), the Penal Code (i.e. proceeds of a criminal offense), or federal law;
(7) Prohibited substances and items in a correctional facility (i.e. prison or jail contraband); or
(8) An attempt, conspiracy, or solicitation to commit any of the above offenses.”
Okay, so we know that a wiretap can be issued in Texas for offenses like conspiracy to deliver heroin, possession of cocaine, and other such drug charges, provided the prosecutor shows probable cause to believe such offense is being committed. Like the statute says, however, no wiretap can be issued for felony possession of marijuana. But, note that a wiretap could be issued for money laundering if the proceeds were obtained from the commission of a criminal offense—including, presumably, felony possession or delivery of marijuana.
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