Modern criminal cases increasingly rely on digital evidence — the data on your phone, your location history, and records held by your carrier. This evidence can be powerful, but it is also frequently obtained in ways that can be challenged.
Warrants Are Usually Required
The Supreme Court has held that police generally need a warrant to search the contents of a cell phone (Riley v. California) and to obtain historical cell-site location information that tracks your movements (Carpenter v. United States). When officers cut corners, the resulting evidence may be subject to suppression.
Geofence and "Tower Dump" Warrants
Investigators sometimes use geofence warrants (asking a provider for every device in an area at a time) or tower dumps. These broad requests raise serious constitutional questions about particularity and probable cause, and courts are actively scrutinizing them.
How This Evidence Is Challenged
A strong defense examines whether a valid warrant existed, whether it was supported by probable cause and described the data with particularity, how the data was extracted and interpreted, and whether location estimates are as precise as the State claims. Where the Fourth Amendment was violated, Texas Code of Criminal Procedure Article 38.23 can require the evidence to be suppressed.
If you are facing charges in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.