TX14: State const. affords no broader privacy in CSLI than Fourth Amendment

Defendant was an occasional guest in the house of another. Assuming he had standing, it’s clear that the owner had authority to consent and did consent to a search. Randolph doesn’t require seeking out the defendant to get consent from him. Defendant twice consented to a search of his cell phone, so a warrant under Riley wasn’t required. Defendant also challenged the state’s acquiring CSLI without a warrant under the predecessor section to Article 18.21 § 5(a), but the court concludes that the Texas Court of Criminal Appeals would not find the state constitution broader than the Fourth Amendment on this issue, and that court just denied relief on the Fourth Amendment in Ford v. State, 477 S.W.3d 321 (Tex. Crim. App. 2015) posted here. Jackson v. State, 2016 Tex. App. LEXIS 3294 (Tex. App. – Houston (14th Dist.) March 31, 2016).