Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages didn’t make the warrant violate the Fourth Amendment because it was limited to one person’s text messages. State v. Swing, 2017-Ohio-8039, 2017 Ohio App. LEXIS 4392 (12th Dist. Oct. 2, 2017).
Because the Texas Court of Criminal Appeals held that there is no reasonable expectation of privacy in cell site location information, defense counsel couldn’t be ineffective for not challenging it. Cervantes-Guervara v. State, 2017 Tex. App. LEXIS 9285 (Tex. App. – Houston (14th Dist.) Oct. 3, 2017).*