TX: Art. 38.23 does not extend 4A to private searches

“We disavow the idea that Article 38.23 extends the Fourth Amendment to private citizens acting in a private capacity. We reaffirm that the Fourth Amendment is a restraint on government and that it does not apply to private individuals who are acting as such. The court of appeals correctly held that Saenz’s search of Appellee’s phone was not a violation of the Fourth Amendment because Saenz was acting as a private individual when he looked at the pictures.” Ruiz v. State, 2019 Tex. Crim. App. LEXIS 664 (July 3, 2019).

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