SAN ANTONIO (KTSA News) — A state district judge is ruling that evidence obtained by the San Antonio Police Department via search warrant in a felony case against one of its former officers was not obtained legally.
Warrants in a 2021 child pornography and bribery case involving former officer Erik Rodriguez were tossed out on Friday, a state district judge citing numerous mistakes made by SAPD.
KSAT reports defensive attorneys had been trying for more than a year to get the evidence against Rodriguez thrown out.
The former officer was accused of giving information in a domestic violence case in exchange for money, and he was indicted by a Bexar County grand jury on child pornography charges.
One of the issues sited by the judge was the fact that the original affidavit and search warrant used to move the case against Rodriguez forward was signed by a magistrate judge. But the Texas Code of Criminal Procedure requires such a warrant used to search someone’s cell phone to be signed by a district court judge.
The bottom line is that evidence from multiple search warrants cannot be used by the prosecution against Rodriguez moving ahead.
Prosecutors could appeal the ruling.
The Bexar County District Attorney’s Office and SAPD are not commenting on Friday’s ruling.