Text Me55a935 Taken W/O a Warrant

Love v. State, No. AP-77,024

  1. Fourth Amendment
    1. Protected by 4th amendment, you have a reasonable expectation of privacy.
      1. Content of text messages
      2. Content of phone calls
      3. Content of mail
      4. Content of email
    2. Not protected
      1. Phone numbers you have called (call logs)
      2. Cell Site Location Information (CSLI)
  2. Exclusionary Rule
    1. Federal
      1. If good faith reliance on not clearly unconstitutional statute, no exclusion
    2. Article 38.23 (narrower than federal)
      1. If good faith reliance on warrant issued by neutral magistrate on probable cause, BUT, because no warrant here, EXCLUDE (38.23 has no good-faith-reliance-on-statute provision)
  3.  Harm
    1. YE5 – tho5e text5 wr 5o damnin9!

The dissent: GOTCHA! [I can construe trial counsel’s words to fit my conclusion that he didn’t sufficiently preserve error.]

Author: txcriminalappeals

Appellate lawyer in Rockwall and Dallas Counties focusing on criminal cases and now accepting civil appeals.