County of El Paso Texas



IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS

111TH JUDICIAL DISTRICT COURT

THE STATE OF TEXAS §

§

vs. § CAUSE NO. !@#$%

§

SHY BOY §

MOTION TO SUPPRESS EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the Defendant in the above styled and numbered cause and moves the Court to suppress the following evidence:

I.

All tangible evidence seized on or about January 3, 2003, from the Defendant, in El Paso County, Texas, including matter alleged to be marijuana.

II.

All photographs taken by law enforcement officers of any matters seized from the Defendant or his vehicle.

III.

All statements made and actions done by the Defendant, if any, at the time of and subsequent to his apprehension by law enforcement officers.

IV.

Testimony of law enforcement officers, their agents, and all other persons working in connection with such officers and agents as to the finding of matter alleged to be marijuana.

V.

In support of the motion the Defendant would show the Court that the matter seized was the result of an illegal detention, arrest, and search of the Defendant, in violation of the Defendant's constitutional rights under the Fourth and Fourteenth Amendments to the United States Constitution, Article I, Section 9, Texas Constitution, and Article 38.23 C.C.P.

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays this Honorable Court set this motion for a hearing prior to trial and that subsequent to said hearing this Honorable Court order all matters seized from the Defendant suppressed at trial.

Respectfully submitted,

EL PASO COUNTY PUBLIC DEFENDER

BY: _______________________________

ROBERT LAWLESS

Assistant Public Defender

State Bar No. 12345678

500 E. San Antonio, Room 501

El Paso, Texas 79901

915/546-8185

FAX 915/546-8186

CERTIFICATE OF SERVICES

I, ROBERT LAWLESS hereby certify that a true and correct copy of the above and foregoing document has been hand-delivered to the District Attorney, El Paso County Courthouse, 500 E. San Antonio, Second Floor, El Paso, Texas 79901, on this the _____ day of _______________, 2003.

___________________________________

ROBERT LAWLESS

IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS

111TH JUDICIAL DISTRICT COURT

THE STATE OF TEXAS §

§

vs. § CAUSE NO. !@#$%

§

SHY BOY §

ORDER SETTING HEARING

On this the _____ day of _______________, 2003, came on to be considered the Defendant's Motion To Suppress Evidence and the Court sets a hearing on said motion on the _____ day of ___________, 2003, at ________ o’clock ___.M. in the courtroom of the 111TH Judicial Court.

Signed this _________ day of __________________________, 2003.

___________________________________

J U D G E

IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS

111TH JUDICIAL DISTRICT COURT

THE STATE OF TEXAS §

§

vs. § CAUSE NO. !@#$%

§

SHY BOY §

O R D E R

On this the _____ day of _______________, 2003, came on to be heard and considered the Defendant's Motion To Suppress Evidence and the Court having heard the evidence thereon finds that the following items were illegally seized:

1. MARIJUANA ________

and that said items are therefore ordered suppressed at the trial of this cause.

The Court further finds that the following items should not be suppressed:

1. MARIJUANA _______

and the Court orders that with respect to these items the Defendant's Motion To Suppress Evidence is hereby overruled, to which action of the Court the Defendant duly excepts.

ENTERED this the _____ day of _________________________, 2003.

___________________________________

J U D G E

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