TX13: Police search of iPod didn’t exceed private search; warrant valid

Defendant worked at a DQ and he cleaned a bathroom. Later, another employee found an iPod in the bathroom, and turned it in to a supervisor. It was looked at to determine ownership, and it was locked up until the next day. A little later, defendant showed up asking about the iPod and was told it was locked up. The subsequent police search didn’t exceed the private search, and that justified the search warrant. Lopez v. State, 2016 Tex. App. LEXIS 2974 (Tex. App. – Corpus Christi – Edinburg March 24, 2016).

Probable cause for defendant’s arrest came from the statement of his codefendant. The trial court credited the reasonable belief that defendant’s girlfriend had apparent authority to consent to a search of their place, and that is supported by the evidence. People v. Mills, 2016 NY Slip Op 02221, 2016 N.Y. App. Div. LEXIS 2185 (4th Dept. March 25, 2016).*