Aycock, Lauren

CourtCourt of Appeals of Texas
DecidedJuly 9, 2015
DocketWR-83,289-01
StatusPublished

This text of Aycock, Lauren (Aycock, Lauren) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aycock, Lauren, (Tex. Ct. App. 2015).

Opinion

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LAUREN ELIZABETH AYCOCK § NAVARRO COUNTY, ,TEXAS

MQTIQN TQ §UPBES§ TO THE HONORABLE JUDGE OF SAID,COURT:

Now comes Lauren Elizabeth Aycock, Defendant, and_tiles this Motion to Suppress and shows the following:

l. Defendant has been charged with the offenses of Possession of a Controlled Substance Penalty Group 1- Under l Gram in a Drug Free Zone in Cause No. C35719~CR, Possession of a Controlled Substance l’enalty Group l- Over 4 Grams Under 200 Grams with lntent to Deliver in a Drug Free Zone in Cause No. C37820-CR, and~Possession of a Controlled Substance Penalty Group 3 - Under 28 Grams in a Drug-Free Zone in Cause No. C35723-CR.

2. On or about June 11, 2014, officers of the Navarro County Sherift’s Department ` executed a search warrant at 2924 W. State Hwy. 22, Corsicana, Texas. As a result of the execution of said search warrant, evidence that may be used by the State at trial of this cause was seized. n

3. The ' actions of the Navarro County Sheriff’s Department violated the constitutional and statutory rights of the Defendant under the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article L Section 9 of the Texas Constitution, and under Article 38.23 of the Texas Code of Criminal Procedure.

4. Lauren Elizabeth Aycock was arrested without lawful warrant, probable cause or

n other lawful authority in violation of the rights of Lauren Elizabeth Aycock pursuant to the

. Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I, Sections 9, 10 and 19 of the Constitution of the State of Texas.

5. Any statements obtained from Lauren Elizabeth Aycock were obtained in ' violation of Article 38.22 of the Texas Code\of Criminal Procedure and in violation_.of the rights of Lauren Elizabeth Aycock pursuant to the Fourth, Fifth,` Sixth, and Fourteenth Amendments to the United States Constitution, Article I, Sections 9, 10 and 19 of the Constinltion of the State of Texas. n l

6; Any wire, oral,- or electronic comrnunications intercepted in connection with this case were seized without lawful warrant, probable cause or other lawful authority in violation of state and federal law. v

7. Any tangible evidence seized in connection with this case was seized without warrant, probable cause or other lawful authority in violation of the rights of Lauren Elizabeth Aycock pursuant to the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I, Sections 9, 10 and 19 of the Constitution of the State of Texas.

8. Defendant specifically shows that the search warrant at issue in this case, under which said evidence was seized, was in violation of the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article L Sections 9, 10 and 19 of the Constitution of t.he State of Texas and under Article 38.23 of the Texas Code of Criminal Procedure, for the following reasons:

. a. The affidavit upon which the search warrant was based was improperly and illegally executed.

b. The warrant was illegally issued for the reason that the supporting

affidavit does not reflect sufficient probable cause to justify the issuance of a search

warrant, in that: (i) the affidavit lacks sufficient underlying circumstances which would

_2_

permit the conclusion that the alleged contraband was at the location in which it was claimed; and (ii) the affidavit fatally fails to state sufficient underlying circumstances to establish the credibility of the affiant

c. The warrant was illegally issued because the affidavit did not show

probable cause sufficient to justify the issuance of the search warrant, because the

magistrate who issued the search warrant did not have a substantial basis for concluding n

that probable cause existed, i.e., that the alleged contraband would be found in a particular place, and-thus did not meet the totality of the circumstances analysis adopted in lllingis v, Ga_@, 103 S.Ct. 2317, (1983);

d. The search warrant was illegally issued because the magistrate's probable

cause determination reflected an improper analysis of the totality of the circumstances »

test when, as a matter of law, the probable cause determination was not objectively reasonable

e. The search warrant was illegally issued because the issuing magistrate was misled by information in the affidavit that the affiant officer knew was false or would have lmown was false except for his reckless disregard for the truth. b

9. Therefore, Defenth requests that the following matters be suppressed at trial of

this cause:

a. Any and all tangible evidence seized by law enforcement officers or others in connection with the detention and arrest of Lauren Elizabeth Aycock in this case or in connection with the investigation of this case, and any testimony by the Navarro County Sheriff’ s Department or any other law enforcement officers or others

concerning such evidence.

_3_

b. The arrest of Lauren Elizabeth Aycock at the time and place in question and any and all evidence which relates to the arrest, and any testimony by the Navarro County Sheriff’s Departrnent or any other law enforcement officers or others concerning any action of Lauren Elizabeth Aycocl_c while in detention or under arrest in connection with this case.

c. All written and oral statements made by Lauren Elizabeth Aycock to any law enforcement officers or others m connection with this case, and any testimony by the Navarro County Sheciff’s Department or any other law enforcement ochers or others f concerning any such statements

d. All wire, oral, or electronic communications intercepted in connection with this case and any and all evidence derived from said communications.

e. Any other matters that the Court finds should be suppressed upon hearing of this motion.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court suppress such matters at trial of these causes, and for such other and further relief in connection therewith that is proper.

Respectfully submitted, LAW OFFICE 'OF NEAL GREEN, JR. 110 West Col]in Avenue P. O. Box 346 § Corsicana, Texas 75151

903-874»9009 903-874-5494 - Fax

stare Bar No. é4036679

nancy@nealg;eenlaw.com Attomey for Lauren Elizabeth Aycock

_4.

_` Caso Number lNClDENT/OFFENSE REP()RT C14'07590 j ` Reeeived Date Received Time Recelved Method Rocotvod By 4

06/11/2014 10:58AM ON VIEW RCLLINS, M'YRIAH

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