Court of Criminal Appeals of Texas

Damon Jerome Richardson, Appellant v. the State of Texas, Appellee

October 27, 19931993 Tex. Crim. App. LEXIS 167

Summary

The Court vacated the Court of Appeals' categorical holding that a pen register is never a search under the Texas Constitution and remanded for further determination of whether the pen register constitutes a search and, if so, whether it is unreasonable without probable cause. The dissent argued that the appellant, as a pre‑trial detainee, had no reasonable expectation of privacy in the numbers dialed and therefore affirmed the lower court's denial of the suppression motion.