Mr. Moninger was charged with lewd or lascivious molestation, capital sexual battery and lewd or lascivious battery. Before his trial, he argued that the State could not use as evidence condoms that his 15-year-old daughter, the alleged victim, removed from the trash can in his bedroom. He argued that his daughter was acting as an agent of the police when she removed them. The trial court granted his motion to suppress the condoms. The Second District Court of Appeal upheld that ruling. In this appeal, the State argues the decision by the 2nd DCA conflicts with a ruling by the Fourth District Court of Appeal.