City of Sherman v. Henry: Is The Texas Constitutional Right of Privacy Still a Source of Protection for Texas Citizens?

Abstract

Part I of this Note explores the Texas constitutional right of privacy and the right of privacy guaranteed by the United States Constitution as well as the relationship between the two. Part II reviews the facts in Henry, the Texas Supreme Court's decision, and concurrences of both Justice Owen and Justice Spector. Part III analyzes the court's reasoning in Henry and determines that the decision fails to safeguard the constitutional right of privacy guaranteed by the Texas Constitution. Part IV proposes two potential solutions available to Texas courts to protect police officers and other public employees from unreasonable intrusions into their private lives, thus ensuring the effectiveness of the right of privacy guaranteed by the Texas Constitution in TSEU.