Police Don’t Have Unbridled Discretion to Search Cell Phones
| State of Texas v. Anthony Granville | NO. PD-1095-12 | Texas Court of Criminal Appeals |
The appellant was arrested on a Class C ticket. His cell phone was in his “property” at the jail. A police officer, without a warrant, went to the jail and retrieved the cell phone. The officer examined the contents of the phone, without getting a warrant. A photograph was contained on the cell phone that depicted a person urinating in a school bathroom. Based on this photo, the officer charged the owner of the phone with the state jail felony offense of “Improper Photography.” The police officer and the State maintained that an inmate does not have a reasonable expectation of privacy in any of the inmate’s property that is in the jail. The Court of Criminal Appeals declined the give officers unbridled discretion to rummage through our phones.
The issue of whether officers can search a cell phone incident to arrest is making its way across the country. The Fifth Circuit has come down on the side of the police state. Thankfully, our court in Austin has a more realistic view of what a cell phone or smartphone means in this age of technology. It’s a portal to every part of our lives.
We actually were successful in a motion to suppress hearing in Parker County on a similar issue. I’m glad to know that the Fourth Amendment means something to Texas and specifically in Parker County. Defense attorneys, be on the lookout for this. Cops are out there just zipping right through our client’s phones.
