TX8: Purely private search of cell phone not suppressed under art. 38.23(a)

The purely private search of defendant’s cell phone finding child pornography that was reported to police was not subject to exclusion under Texas’s art. 38.23(a). If a laptop search is not subject to exclusion, neither is a cell phone. Horne v. State, 2022 Tex. App. LEXIS 72 (Tex. App. – Texarkana Jan. 6, 2022).

Chicago police heard loud music coming from a parked car at night. They pulled up behind the car and then smelled burning marijuana coming from it. As they approached, the driver made furtive movements with his hands and then fled. There was reasonable suspicion. United States v. Shaffers, 2022 U.S. App. LEXIS 292 (7th Cir. Jan. 5, 2022).*

Defendant was on state probation, and ATF passed on a tip that defendant was in possession of firearms and maybe dealing drugs. That was a proper basis for a probation search. United States v. Black, 2022 U.S. App. LEXIS 301 (11th Cir. Jan. 5, 2022).*