This article summarizes and analyzes cases decided by the U.S. Supreme Court and the Texas Court of Criminal Appeals during the Survey period, which spans from December 1, 2016, to November 30, 2017. In Subpart II, this article will address confessions jurisprudence, which experienced no significant changes during the Survey period. Subpart III will then survey search and seizure jurisprudence, which shifted significantly. Most notably, the Court of Criminal Appeals applied long-standing Fourth Amendment principles to cell phone technology. The court also addressed the nuances of several warrant exceptions, the private-party-search doctrine, and consensual interactions with law enforcement. The U.S. Supreme Court altered the Fourth Amendment landscape, rejecting U.S. Court of Appeals for the Seventh Circuit case law that governed pre-trial detention claims.
Honorable Michael E. Keasler, et al., Criminal Procedure: Confessions, Searches, and Seizures, 4 SMU Ann. Tex. Surv. 141 (2018)