SB 1864

84(R) - 2015
Senate Criminal Justice
Senate Criminal Justice

Vote Recommendation

  • Neutral
  • Positive
  • Neutral
  • Positive
  • Positive


Konni Burton


Paul Bettencourt
Brian Birdwell
Donna Campbell
Brandon Creighton
Rodney Ellis
Sylvia Garcia
Bob Hall
Juan "Chuy" Hinojosa
Don Huffines
Charles Perry
José Rodríguez
Charles Schwertner
Larry Taylor
Van Taylor
Kirk Watson
John Whitmire

Bill Caption

Relating to requiring a peace officer to obtain a warrant to search a cellular telephone or other wireless communications device.

Fiscal Notes

No significant fiscal implication to the State or units of local government is anticipated.

Bill Analysis

SB 1864 would prohibit, with some exceptions, a peace officer from searching a person's cell phone or other wireless communications device without first obtaining a warrant to do so. Under the provisions of this bill a peace officer would only be allowed to search a cellular telephone or other wireless communications device without a warrant if the owner consents to the search, the device is reported stolen, the officer reasonably believes that the device is in possession of a fugitive from justice, or in case of a life threatening emergency.

Vote Recommendation Notes

SB 1864 addresses a legitimate concern of government overreach created when law enforcement officers conduct warrantless searches of private wireless communications devices. The United States Constitution specifically protects the right to be secure “against unreasonable searches and seizures.” This bill supports that constitutional right.

We support SB 1684 for preserving limited government and protecting individual liberty and private property rights.

Organizations Supporting

Texans for Toll-free Highways
Texas Public Policy Foundation
Texas TURF

Organizations Opposed

Dallas Police Department
Texas Municipal Police Association