TX14: Private search in Texas not subject to statute exclusionary rule

Defendant’s girlfriend accessed his cell phones: his Android wasn’t password protected but his iPhone was but she knew the password. This was a private search, and the Texas statutory exclusionary rule doesn’t apply. Thomas v. State, 2017 Tex. App. LEXIS 9281 (Tex. App. – Houston (14th Dist.) Oct. 3, 2017).

Based on the odor of alcohol and defendant’s admission that there was an open container in his vehicle, there existed probable cause to search defendant’s vehicle for the open container. That led to a plain view of a marijuana pipe. Elrod v. State, 2017 Tex. App. LEXIS 9314 (Tex. App. – Texarkana Oct. 4, 2017).*

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