670 S.W.3d 653
Tex. Crim. App.2023Background:
- Appellant Terry King was a long-haul truck driver who routinely lived out of a semi-tractor trailer owned by his employer, John Feltman.
- On July 17, 2018, King was arrested in Oklahoma near the truck; Oklahoma police executed a search warrant, photographed a shattered-screen cell phone mounted on the windshield, but inadvertently left the phone in the truck.
- Fort Worth detectives later discovered the phone was missing; owner Feltman located the phone in the truck and mailed it to Fort Worth police, who obtained a warrant for its contents on August 9, 2018; child pornography was found on the phone.
- King moved to suppress the phone evidence, arguing the seizure occurred after the warrant expired; the trial court denied suppression, finding King’s expectation of privacy had ended by the time of seizure.
- The First Court of Appeals reversed, applying Granados factors and concluding King retained a reasonable expectation of privacy in the truck when Feltman retrieved the phone.
- The Texas Court of Criminal Appeals reversed the court of appeals and affirmed the trial court, holding King failed to meet his burden to prove a reasonable expectation of privacy at the time the phone was seized.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does King have standing to challenge the seizure of a phone taken from his work truck several days after his arrest and after the truck was returned to the employer? | King: He had a reasonable expectation of privacy in the truck (lived in it, personal effects present), so he may challenge the seizure. | State: Truck belonged to employer; by the time owner retrieved and mailed the phone the expectation of privacy had ended and King lacks standing. | Court held King failed to prove a subjective and objectively reasonable expectation of privacy at the time of the phone’s seizure; no standing; trial court affirmed. |
Key Cases Cited
- Granados v. State, 85 S.W.3d 217 (Tex. Crim. App. 2002) (sets multi-factor test for expectation-of-privacy analysis)
- Villarreal v. State, 935 S.W.2d 134 (Tex. Crim. App. 1996) (defendant must show subjective and objectively reasonable expectation of privacy)
- Ex parte Moore, 395 S.W.3d 152 (Tex. Crim. App. 2013) (standing decided by totality of circumstances; allegations alone insufficient)
- Kothe v. State, 152 S.W.3d 54 (Tex. Crim. App. 2004) (standard of review and defendant’s burden on standing)
- McDuff v. State, 939 S.W.2d 607 (Tex. Crim. App. 1997) (expectation of privacy must exist at time of search or seizure)
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978) (defendant must demonstrate own privacy interest to claim Fourth Amendment protection)
- King v. State, 650 S.W.3d 241 (Tex. App.—Houston [1st Dist.] 2021) (court of appeals decision reversing trial court on standing under Granados)
- Esco v. State, 668 S.W.2d 358 (Tex. Crim. App. 1984) (recognition of required proof for privacy interests)