Gillett v. State

This appeal presents a question that this Court never has addressed directly: Are the fruits of an unreasonable search made by a private person inadmissible under V.A.C. C.P., Article 38.23? The Court avoids the question by holding that “no right to privacy has been violated.” In reaching that result the majority opinion engages in reasoning that is unacceptable to me. I also take the opportunity to comment on the applicability of Article 38.23 to private searches.

I

A. Was there a search?

When a person has gone into an enclosed booth to disrobe, and an investigator gets down on her hands and…