- United States Court of Appeals, Fourth Circuit
- PATRICIA O. ALVAREZ, JUSTICE
Ruiz was working as a substitute teacher when students complained to administrators that he appeared to be taking upskirt pictures of female students. Upon being questioned by school administrators, Ruiz acknowledged that he "had a problem." The school administrator (Saenz) took possession of Ruiz's cell phone and stated that he was going to provide it to law enforcement. The phone was found to contain upskirt pictures, and Ruiz was charged with multiple counts of attempted production of sexual performance by a child. The trial court granted Ruiz's motion to suppress the pictures on the cell phone. The court reversed. It held that Saenz was a private citizen and not a law enforcement agent and that Ruiz had not shown that Saenz violated the law when he took the phone with the intent to providing it to law enforcement.
State v. Ruiz, Court of Appeals, No. 04-16-00226-CR, 7/26/17.
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