Aycock, Lauren

Court of Appeals of Texas·Decided July 9, 2015·No. WR-83,289-03·Published

Opinion

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TO THE HONORABLE JUDGE OF SAID.COURT: . `Now comes Lauren Elizabeth Aycock, Defendant, and files this Motion to Suppress and shows the following:

l. Defendant has been charged with the offenses of Possession of a Controlled Substance Penalty Group l- Under 1 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 oi: 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, oflicers of the Navarro County Sheriff’s Department ` executed a search warrant at 2924 W. S_tate 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.

3. The 7 actions of the Navarro County Sherit`f’s Deparl:ment 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

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

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o 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 Coustitution of the State of Texas. - l

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

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 Consu'tution 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 I, Sections 9, 10 and 19 of the Constitution of the State of Texas and under Article 38.23 of the Texas Code cf 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

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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 afiiant.

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 magisuate who issued the search warrant did not have a substantial basis for concluding 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 M, 103 s.Cc. 2317, (1983)§

d. The search warrant was illegally issued because the magistrates 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 known was false except for his reckless disregard for the truth.

9. Therefore, Defendant 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.

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 Sherift’s Department or any other law enforcement officers or others concerning any action of Lauren Elizabeth Aycock 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 in connection with this case, and any testimony by the Navarro County Sheriff' s Department or any other law enforcement officers or others 7 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 Collin Avenue

P. O. Box 346

Corsicana, Texas 75151

903-874-9009 903-874~5494 - Fax

By: Ne Green, J . State Bar No. 24036679

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

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Case Number

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