Ex-Texas police officer accused of planting vape pen in student's backpack moves closer to trial

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Andrew Abel Gonzalez and Amanda Corona (Source: Nueces County Sheriff's Office)

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.

According to reports, the student was questioned by school officials and suspended.

It was also reported the same vape pen was later placed in another Hamlin Middle School student's binder. That student was also disciplined.

A third student was disciplined after Gonzalez and Corona claimed two students had accused that student of owning the vape pen.

Gonzalez and Corona have since bonded out of jail.

FOX Local has reached out to Nueces County and the attorney for Gonzalez for more information and the opportunity to make a statement about the case.

Timeline:

• March 7, 2023: Gonzalez and Vice Principal Amanda Corona search a classroom for a suspected vape pen. A student's cellphone, left behind with the recording function active, captures their conversation. The recording indicates the pair found a vape pen and discussed planting it in a student's bag.
• Dec. 18, 2024: Gonzalez was charged with three counts of official oppression. Prosecutors allege he knowingly subjected students to unlawful searches and planted evidence. He also faces a companion felony charge of tampering with evidence.
• Feb. 6, 2025: Gonzalez files a motion to suppress the recording, arguing it was an illegal interception under the Texas Wiretap Statute.
• May 1, 2025: The trial court holds a hearing on the motion using a proffer of uncontested facts.
• May 30, 2025: The trial court granted Gonzalez's motion to suppress the audio evidence.
• June 2, 2025: The State of Texas filed an interlocutory appeal to challenge the suppression of the recording.
• July 14, 2025: The State files its appellant's brief, arguing that officers in public settings have a diminished expectation of privacy.
• July 31, 2025: Gonzalez files his appellee's brief, maintaining that the private discussion in a cleared classroom was protected.
• Jan. 8, 2026: The 13th Court of Appeals delivers its opinion reversing the trial court's order. The court finds Gonzalez had no personal privacy interest in his statements during the investigation and remands the case for further proceedings.