STATE v. MARCUM

LUMPKIN, Judge,

Specially Concur.

T1 I concur in the Court's decision and agree there is no expectation of privacy in text messages held by a third party. I write separately to address the issue in Proposition II, of whether Mareum had the legal capacity to claim the protection of the Fourth Amendment. Her "expectation of privacy" is no more than her "standing" to contest the warrant. It is not a trump over the search warrant. As I stated in my separate writing to State v. Bass, 2018 OK CRT, 300 P.3d 1193, while the Supreme Court in Rakes distinguished between the traditional concept of…