Third party cell phone information is not protected by the Texas Constitution. It grants no greater rights than the Fourth Amendment. If the drafters wanted it broader, they could have said so. The information was available to law enforcement under the third party doctrine. Hankston v. State, 2017 Tex. Crim. App. LEXIS 379 (April 12, 2017).
The search warrant for defendant’s bedroom in his shared dwelling included child pornography and child erotica, which would not be illegal. There was no suggestion there was the latter, but “The inclusion of child erotica in the warrant as well as child pornography did nothing to vitiate the validity of the warrant in this case.” United States v. Hassell, 2017 CCA LEXIS 247 (A.F. Ct. Crim. App. March 2, 2017).*