The Brief
- A Texas appeals court ruled that an audio recording of an officer allegedly planting evidence can be used as evidence in his trial.
- The court found the officer had no expectation of privacy while conducting a public investigation in a school classroom.
- The former officer faces charges of official oppression and tampering with evidence. His trial date has not yet been set.
CORPUS CHRISTI, Texas – A Texas appeals court has cleared the way for an audio recording to be used as evidence against a former school police officer accused of planting a vape pen in a student’s backpack.
The 13th Court of Appeals reversed a lower court’s decision on Jan. 8, concluding that law enforcement officers do not have a reasonable expectation of privacy while conducting investigations in public school classrooms. Justice Ysmael D. Fonseca wrote that society is not prepared to recognize a privacy interest for an officer performing a public service as an agent of the state.
Accused of planting evidence
The backstory:
The case stems from a March 7, 2023, incident at Hamlin Middle School. According to court documents, Andrew Abel Gonzalez and now former Vice Principal Amanda Corona cleared a classroom of students to search for suspected contraband. A student left behind a cellphone with the recording function turned on, capturing a conversation in which Gonzalez and Corona allegedly discussed planting a found vape pen in a specific student’s bag.…