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blood draw evidence. Because McNeely had not In 2019 and 2020, law enforcement learned that
been decided by the Supreme Court, the officers two IP addresses associated with the Denison
investigating the scene could not have known a Church of the Nazarene and its pastor, David
warrant was required on the date in question. Pettigrew, uploaded images of child pornography
Nevertheless, they had ample information and evi- online. After acquiring search warrants for
dence to form probable cause to arrest Appellee. Denison Church and Pettigrew’s home, officers
All of the information that the police possessed, found a Maxtor hard drive in Pettigrew’s office at
including the place in which he was found, “point- the church. The hard drive contained “dozens and
ed like a beacon” towards Appellee and shining an dozens of videos” that “captured children, in var-
inculpatory light upon him. At the minimum, ious stages of undress, taking baths in the church
there was probable cause to arrest him for failure offices.” The footage also captured Pettigrew and
to stop and render aid. another man “setting up cameras before the chil-
dren came in, escorting them in, instructing them
Blood was drawn somewhere between 2:00 and how to bathe in front of the cameras so the cam-
3:00 am—roughly 90 minutes to more than two eras would capture them, and then taking the cam-
hours after the collision. This delay was without eras down.” The church treasurer identified the
any time taken to obtain a warrant. Assertions by second man as Appellant Chad Michael Rider.
the attorneys for the State and Appellee with per-
sonal knowledge suggest that obtaining a warrant Two weeks later, officers executed a search war-
Appellee’s arrest would have added potentially rant at Rider’s residence. After locating Rider,
hours of more delay (and was thereby very Detective Joseph Adcock and Agent Bruce
impractical). Donnet escorted Rider to a police car to speak
with him. Rider was read his Miranda rights and
In summary, although there was no evidence admitted to placing cameras at Pettigrew’s request
regarding that specific night, the general added on two occasions. Rider claimed he felt “forced”
difficulty of getting a warrant at night combined to set up the cameras because Pettigrew had
with the type of crime and the need to preserve obtained nude photos of Rider’s wife, Pettigrew
evidence are sufficient to demonstrate exigent cir- “was [his] pastor,” and because Rider “believed
cumstances under these specific facts. there was nothing malicious—nothing sexual
about it.” Throughout the conversation, Rider
Under the facts of this case, the court of appeals
below erred in finding suppression was warranted maintained that he did not know Pettigrew intend-
ed to film the children naked and believed the
under Article 14.03(a)(1). We reverse the court of
appeals and the trial court’s suppression of equipment captured only audio. Rider was arrest-
ed later that day.
Appellee’s arrest and all evidence arising from it,
and remand the case back to the trial court. The police later discovered additional videos on
the Maxtor hard drive that were filmed at different
State v. McGuire, Tex. Crim. App., February
21, 2024, No. PD-0984-19. locations. These included the so-called “Neighbor
Videos” and “Home Bathroom Videos.” The
MIRANDA – Voluntary statement? Neighbor Videos were filmed at Rider’s neigh-
bor’s house and consisted of three consecutive
Chad Michael Rider was convicted of three counts recordings of Rider’s teenage neighbor (“Victim
of producing or attempting to produce child 1”) using the restroom. The footage captured
pornography in violation of 18 U.S.C. § 2251(a) Victim 1 “entering her private home bathroom and
and was sentenced to 720 months’ imprisonment. looking at herself in the mirror; standing up from
He now appeals the jury’s verdict and raises five the toilet while nude from the waist down; and
issues on appeal. We AFFIRM. washing her hands prior to leaving the bathroom.”
The video included footage of Victim 1’s genitals.
March/April 2024 www.texaspoliceassociation.com • (512) 458-3140 29
