DEADWOOD - Fourth Circuit Judge Randall Macy on Wednesday denied attempts by Lawrence County Public Defender Eric Whitcher to suppress evidence gathered from his client's cellular telephone and portable computer.

Whitcher represents Juan Miguel Otero, 22, of Chicago who faces seven rape charges and four counts of child pornography in Lawrence County. The allegations involve a Lead-Deadwood High School student between 13 and 16. An indictment alleges that the rapes occurred Aug. 15 and 16, 2008, and Feb. 10-12, 2009.

Otero has pleaded not guilty and faces up to 15 years in prison on each rape count and up to 10 years in prison on each child pornography charge.

Otero is being held in the Lawrence County Jail on a $100,000 bond.

At Wednesday's motions hearing, Deadwood police officer Kip Mau and detective Greg Nelson testified about their procedures in arresting Otero on Feb. 12 and the taking of evidence in the case.

Whitcher told Judge Macy that the officers didn't have an arrest warrant when they arrested Otero, and they took items from Otero's motel room in Deadwood without a search warrant.

Mau told the court that he stopped Otero on Feb. 12 after observing him driving a vehicle the wrong way on a one-way street near Lead-Deadwood High School during the lunch hour. An LDHS freshman girl was in the car with Otero, Mau said. Freshman students are prohibited from leaving campus during lunch hour. Mau is the school district's resource officer and is stationed in Lead.

Otero told Mau he was an Army recruiter who arranged a meeting with the student over the Internet, something he claimed to have done with other students. Otero was wearing a camouflage uniform at the time.

During the traffic stop, Lead Police Chief John Wainman arrived, and LDHS Principal Nick Gottlob spoke with the student. The student became agitated and was taken inside the school.

Mau said Otero's actions and the student's behavior prompted him to eventually place Otero under arrest three hours later at Otero's motel room for contributing to the delinquency of a minor. Mau said Otero's claim that he contacted the student via the school's e-mail system prompted the police to take Otero's cell phone and laptop computer as potentially holding evidence in the case. Mau said Otero asked the arresting officers to gather up his belongings from the motel room and place them in his vehicle for safe-keeping.

Mau later got a search warrant and searched the two electronic devices for evidence. Mau didn't divulge what was stored on those two items, but he said information from the computer and cell phone prompted a grand jury investigation that led to the rape and child pornography indictment.

Whitcher said Mau's reasoning was flawed and said the initial arrest and property seizure were invalid.

Judge Macy disagreed, saying the delinquency investigation was sufficient reason for the arrest. The cell phone and laptop were also in plain sight, Macy said, allowing the officers to reasonably assume those items may be a critical part of the investigation.

Whitcher has 10 days to file an appeal to the ruling.

Also, Judge Macy set a Sept. 1-2 trial date for the case. Otero waived his right to a speedy trial, which allows 180 days from the time of the defendant's first appearance to bring the case to a jury. A motions hearing has been set for July 16 and a pre-trial hearing for Aug. 17.