Xavier Barac Lopez, 25, was convicted in June 2013 for Possession of Child Pornography after a co-worker at a local Brownsville restaurant discovered child pornography on Lopez’s iPod.
The co-worker then reported the findings to a supervisors, who then reported the news to the police.
Although investigators proceeded to obtain a search warrant upon receiving the news, Lopez argued that authorities did not.
The court stated their opinion that “in this case the State did obtain a warrant to search the appellant’s iPod subsequent to Officer Alaniz’s search. And based on the above cited precedent, the mere fact that Officer Alaniz may have conducted an illegal search prior to the issuance of the search warrant does not necessarily require exclusion if the complained- of evidence under the Fourth Amendment. ”
The Court of Appeals overruled the Lopez’s issue and affirmed the conviction of five years for 33 counts of Possession of Child Pornography.