Former San Antonio Police Officer Erik Rodriguez was in court Wednesday as his attorneys filed a motion to suppress evidence in his case that may have been obtained with an illegal search warrant.
Rodriguez is charged with bribery, misuse of public information and possession of child pornography.
His defense attorney Jaime Cavazos filed the motion over the seizure of Rodriguez’s personal cell phone.
The search warrant obtained by police was signed by a magistrate judge, who did not have the authority to do so.
“You’re asking me to disregard a search warrant that is not legal,” 226th District Court Judge Velia Meza said.
Prosecutor Oscar Salinas tried explaining that a second warrant was obtained signed by the proper judge and the phone wasn’t searched until after that second warrant.
But Meza told prosecutors that the seizure of the phone was still illegal.
“I want to know legally how you overcome the fact that a judge without authority to issue a warrant for the search and seizure of any similar device, how is that legal?” Meza asked prosecutors.
In January of this year, Rodriguez was arrested and indicted. He is accused of bribery and accepting money in exchange for providing information to a defendant in a domestic violence case.
He was also indicted on possession of child pornography charges.
Meza did not rule on the motion but is giving the prosecution a chance to respond and the defense to counter that response.
This issue has delayed the trial which was expected to begin in January 2022.
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