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Appellee was employed by Simon Management Associates as the property manager for the Galleria Shopping Mall in Houston. He was charged with unauthorized discharge of industrial waste after a pressure-washing contractor allegedly discharged contaminated water while cleaning the Galleria Mall’s underground parking garages. Appellee filed a motion to suppress evidence, which the trial judge granted after an evidentiary hearing.

According to the trial court’s factual findings, Sheree Moore, the owner of a pressure-washing company who worked with police on investigating competing pressure-washing companies, was acting as an agent of law enforcement when she entered the Galleria premises on November 1 and November 3, 2006. She entered the Galleria at a time when it was not open to the public and without the consent of its owner or its management company.

 
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