TX4: Seizure and search of teacher’s cell phone by school administrator was private and not subject to TX statutory exclusionary rule

Defendant was a substitute teacher, and his cell phone was used to upskirt girls in the school. Some of the students figured it out and reported it to the school administration. One of the administrators confronted defendant and he admitted he had “a problem” and the administrator asked for the phone. He gave it up, was fired, and left. The administrator turned the phone over to the police. This was a private search and seizure and not barred by the Texas statutory exclusionary rule. State v. Ruiz, 2017 Tex. App. LEXIS 6928 (Tex. App. – San Antonio July 26, 2017) (dissent).

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