An issue on the Fourth Amendment front recently came about out of Huntsville. You're arrested, and police take your belongings, including your cell phone. Can authorities look at its contents?
Back in 2010, Huntsville High School student Anthony Granville was arrested for causing a disturbance on a bus. When he was booked into jail, his cell phone was among his personal belongings taken and stored in a property room.
A day earlier, School Resources Officer Everett Harrell says he had gotten word that Granville, in an unconnected incident, had taken a cell phone picture of another student urinating a school restroom. Harrell went to the jail, got Granville's cell phone, searched it and found the picture.
Granville was charged with a state-jail felony of improper photography, but he said his cell phone shouldn't have been searched without a warrant.
Courts have been agreeing with Granville, including an 8-1 ruling by the Texas Court of Criminal Appeals this past week.
Shane Phelps, who serves as KBTX's legal analyst, helped craft the argument for Granville's side. He joined First News at Four Friday to discuss the case.
To comment, the following rules must be followed:
Comments may be monitored for inappropriate content, but the station is under no legal obligation to do so.
If you believe a comment violates the above rules, please use the Flagging Tool to alert a Moderator.
Flagging does not guarantee removal.
Multiple violations may result in account suspension.
Decisions to suspend or unsuspend accounts are made by Station Moderators.
Questions may be sent to firstname.lastname@example.org. Please provide detailed information.
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or email@example.com.