Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 08, 2021.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

LopezGamez v. State, No. 02-19-00169-CR (Sept. 3, 2020, pet. ref’d) (Sudderth, C.J., joined by Birdwell and Womack, JJ.) (motion to publish granted Mar. 11, 2021).

Held: The trial court did not err by declining to suppress GPS information obtained from the lienholder of Appellant’s truck—Appellant consented to the lienholder’s GPS tracking of the truck, thereby relinquishing his expectation of privacy as to the vehicle’s location.  Consented-to GPS tracking is distinguishable from cell site location information maintained by wireless carriers, rendering Carpenter v. United States, 138 S. Ct. 2206 (2018), inapplicable.