Bexar County, TX — A former San Antonio police officer accused of bribery and possessing child sexual abuse material plans to ask the U.S. Supreme Court to review a ruling allowing prosecutors to use evidence obtained from his cellphone.
Erik Rodriguez, a former 14-year veteran of the San Antonio Police Department, was arrested in January 2021 and later indicted on charges including bribery and possession of child sexual abuse material. He has pleaded not guilty.
The latest legal dispute centers on whether investigators lawfully obtained evidence from Rodriguez’s cellphone, rather than the underlying criminal allegations.
In 2022, a Bexar County district judge suppressed the cellphone evidence after finding that investigators failed to comply with Texas requirements governing warrants to seize and search cellphones.
Prosecutors appealed, and the Fourth Court of Appeals later reversed that decision, allowing the cellphone evidence to be used in the case.
Rodriguez’s attorneys now plan to seek review from the U.S. Supreme Court. The dispute could have broader implications involving cellphone privacy and search warrant requirements.
The Supreme Court accepts only a small percentage of cases submitted for review. If the court declines to hear the appeal, Rodriguez’s criminal case could proceed in Bexar County with the cellphone evidence remaining admissible. If review is granted, the legal dispute could further delay the case.
The criminal case cannot move toward trial until the pending appeals process is resolved.