State v. Granville (Tex. Crim. App. 2013)
State v. Granville (Tex. Crim. App. 2013): Cell Phone Privacy — Even in Jail Property
Texas requires a warrant to search digital contents of a phone, even when officers lawfully possess the device.
Background
After Granville’s arrest on a misdemeanor, his phone was taken as part of the jail’s property procedures. An officer later searched the phone’s photos without a warrant to look for evidence related to a separate offense. The State argued possession of the phone (and jail policies) justified the search.
Questions Presented
- May officers search digital contents of a seized phone without a warrant based on property control or jail policies?
- How do Texas privacy protections apply to personal data stored on a phone?
Majority Opinion — Judge Cathy Cochran
Holding: A cell phone’s digital contents are protected by strong privacy interests; absent a warrant or valid exception, officers may not search those contents—even when the device is in lawful police custody.
The Court recognized that a phone is not a mere “container.” It holds immense quantities of personal information—messages, photos, location history, and more. Texas constitutional principles (and the Texas Code of Criminal Procedure) require heightened respect for that privacy. Administrative custody over an arrestee’s property does not convert into carte blanche to explore digital data for investigative purposes. The decision foreshadowed the U.S. Supreme Court’s ruling in Riley v. California, and Texas courts routinely cite Granville to suppress evidence obtained from warrantless phone searches.
For Montgomery County cases—assault family violence, solicitation, drug conspiracies—Granville is a key suppression tool. Defense counsel should scrutinize any “consent” claimed while a client is detained, the scope of any inventory policy, and whether officers accessed apps, photos, or cloud content without a warrant. If they did, move to exclude all fruits (including derivative search warrants) under the Texas and U.S. Constitutions.