337 P.3d 904
Or. Ct. App.2014Background
- Police find Ross in a stolen truck and recover two cell phones; one phone belongs to Duane.
- A text message arrives on Duane’s phone from 'Angel' about meth; Welsh texts back and the message is pursued by Bennett.
- Defendant arrives at the drug deal location; officers read Miranda warnings and obtain consent to search defendant’s phone, uncovering texts Bennett sent to her.
- Defendant moves to suppress the text on Duane’s phone and related police interactions as unlawful searches under Article I, §9 and the Fourth Amendment; trial court denies.
- On appeal, plaintiff argues privacy in the content of her text messages; state argues sender has no privacy interest in messages on recipient’s phone; court agrees and affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Privacy interest in sent text messages | defendant retained privacy in the text content | sender has privacy interest in content regardless of recipient | No privacy interest; no search under Article I, §9 |
| Fourth Amendment search when viewing message on recipient's phone | viewing message infringes reasonable expectation of privacy | same as state; content protected in letters/texts | No search under Fourth Amendment |
Key Cases Cited
- State v. Kennedy, 295 Or 260 (1983) (state privacy claims prioritized before federal ones)
- State v. Meredith, 337 Or 299 (2004) (privacy interests require an objective invasion by government)
- State v. Wacker, 317 Or 419 (1993) (test for protected privacy interests in searches)
- Riley v. California, 134 S. Ct 2473 (2014) (cell phones contain broad privacy interests; warrant often needed)
- State v. Delp, 218 Or App 17 (2008) (privacy interest in subscriber information not necessarily implied)