{"id":29491,"date":"2017-09-29T07:42:57","date_gmt":"2017-09-29T12:42:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29491"},"modified":"2017-09-29T19:25:41","modified_gmt":"2017-09-30T00:25:41","slug":"tx14-def-had-no-standing-in-cell-phone-he-gave-to-his-girl-friend","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=29491","title":{"rendered":"TX14: Def had no standing in cell phone he gave to his girlfriend"},"content":{"rendered":"<p>Defendant had no standing in a cell phone that he gave to his girlfriend and referred to as her cell phone. It was stolen from her and searched to locate the possible owner, and the phone had video of defendant committing sexual assault on a child. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=7c031e4d-ba15-43b1-9a46-53bfb4e6f394&#038;MediaID=2b543131-724f-4901-9d78-b6a571f7b200&#038;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&#038;DT=Opinion\">Grant v. State<\/a>, 2017 Tex. App. LEXIS 9135 (Tex. App. \u2013 Houston (14th Dist.) Sept. 28, 2017).<\/p>\n<p>Defendant was a civilian dispatcher for a local police department and another one picked up defendant\u2019s cell phone to play a practical joke on him and discovered child pornography stored in the phone. He was acting as a private person then and not as a law enforcement functionary. Actually, the issue doesn\u2019t even have to be decided because the practical joke didn\u2019t make it a law enforcement search. It was all in good faith and not unreasonable. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/spray.opn_.pdf\">State v. Spray<\/a>, 2017 Tenn. Crim. App. LEXIS 874 (Sept. 26, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had no standing in a cell phone that he gave to his girlfriend and referred to as her cell phone. It was stolen from her and searched to locate the possible owner, and the phone had video of defendant &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=29491\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,34],"tags":[],"class_list":["post-29491","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29491","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29491"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29491\/revisions"}],"predecessor-version":[{"id":29495,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29491\/revisions\/29495"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29491"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29491"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}