Richardson v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of engaging in organized criminal activity in violation of V.T.C.A. Penal Code, § 71.-02, and the jury assessed punishment at life confinement in the penitentiary and a $10,000 fine. On appeal he contended, inter alia, that the trial court erred in overruling his motion to suppress evidence obtained by use of a pen register because the use of the pen register was a search in contemplation of Article I, § 9 of the Texas Constitution; therefore, Article 18.21 V.A.C.C.P. is…