Lopez v. State, 512 S.W.3d 416

Employee Octavio Arriaga found an iPod in the Dairy Queen men’s restroom after hours and, after briefly "opening" it, saw images he described as naked children; he secured the iPod and notified supervisors.
Supervisor Myra Rodriguez inspected the iPod the next day, observed pictures of little girls, and called police; she turned the iPod over to Officer Nancy Alaniz.
Officer Alaniz opened the iPod at the station before obtaining a warrant and inspected some files while preparing a report, then gave the iPod to Detective David Navarro.
Detective Navarro obtained a search warrant based on Arriaga’s and Rodriguez’s statements; HSI agent Mirino’s analysis recovered 2,980 photos, 33 of which were child pornography; appellant was charged and convicted on 33 counts of possession of child pornography.
At trial appellant moved to suppress the 33 images as the product of an unlawful warrantless search; the trial court denied suppression, finding the warrant was based on independent witness statements and the iPod had been effectively abandoned.
On appeal appellant challenged denial of the suppression motion; the court affirmed, applying the independent-source doctrine and an abandonment rationale.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence from the iPod must be suppressed as product of an unlawful warrantless search	Lopez argued Officer Alaniz’s pre-warrant opening of the iPod tainted the evidence and required suppression	State argued the independent source rule applies because the warrant was based on Arriaga’s and Rodriguez’s statements (not on Alaniz’s viewing); alternatively, iPod was abandoned	Court held no abuse of discretion: warrant was supported by independent witness statements; independent-source doctrine applies, so evidence admissible
Whether appellant had a reasonable expectation of privacy in the iPod	Lopez contended he retained privacy rights and thus Fourth Amendment protection	State asserted the iPod was voluntarily abandoned (left at restroom and appellant did not reclaim it) so no reasonable expectation of privacy	Court held appellant impliedly abandoned the iPod, so no expectation of privacy; abandonment independently supports denial of suppression

Murray v. United States, 487 U.S. 533 (1988) (independent-source doctrine: evidence obtained pursuant to a warrant may be admissible if warrant was based on information wholly unconnected to prior illegal search)
Segura v. United States, 468 U.S. 796 (1984) (warrant based on information known before illegal entry can constitute an independent source for later lawful seizure)
Runyan v. United States, 290 F.3d 223 (5th Cir. 2002) (applying independent-source principle to electronic media where later warrant was supported by witness statements independent of prior illegal viewing)
Wehrenberg v. State, 416 S.W.3d 458 (Tex.Crim.App. 2013) (Texas recognizes independent-source rule and its compatibility with state exclusionary principles)
Holden v. State, 205 S.W.3d 587 (Tex.App.—Waco 2006) (abandonment inference: voluntary acts and omission can show relinquishment of expectation of privacy)
United States v. Oliver, 630 F.3d 397 (5th Cir. 2011) (private individual’s examination of closed container may limit Fourth Amendment protection against subsequent government search that does not exceed private search’s scope)