The trial court should not have refused to admit an incriminating photo found on the defendant's cell phone because in finding it, the investigating officers did not exceede the scope of the defendant's consent to search. When the officer asked to examine the defendant's cell phone, the defendant nonverbally assented by handing the phone to the officer. Nothing indicates the defendant meant to limit his consent - either in the content of the conversation that he had with the officer or in his handing over the phone. Further, the defendant's lack of protest during the officer's continued search of the phone indicated that the search was within the scope of the defendant's initial nonverbal consent.

Lemons v. State Nos. 12-08-00074-CR and 12-08-00075-CR