Aycock, Lauren, WR-83,289-03

Aycock, Lauren

WR-83,289-03

| Tex. App. | Jul 9, 2015

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COURT OF CRIMINAL APPEALS $53, 28701, 02$ JUL 092015 Honorable Judge (Committee of Appeals, AbelAcosta,Clerk I am enclosing ollense reports for review for my Hobeas Corpus suits that have been presented to the Appeals Court on 5/13/15 Tr. Ct. No. (357H-CR and Tr.Ct. No. 35720-CR are relevant to the ollense) CM-03140 (Navarro county sheriff's department) and Tr. Ct. No. (3473X-CR are is relevant to case jollense report 2012-00018322 (consiana police department). Please review them and take them into consideration with my cases. I did not disclose. them with the Hobeas corpus I filed because I did not (was not able to) vital or receive either until after I had already filled out and sent both Habeas corpus cases (native the printdate on the cPD one is 4/11/15 as my mother went and obtained both and sent them to me) 1 feel it is extremely important you view these in entreaty as the errors, lies and indiscrepancies are quite obvious (I have made note on both throughout I can prove) I am also enclosing a copy of the Notion to Suppress the attorny from the cases of C357H and C35720 filed and allotted me to be fiteckmailed into not taking to court. I have already pointed out once that he only came and saw me one time during my entire incarceration in the Hobeas corpus and unsuccessfully fied a groanness with the state Par for ineffective counsel (the Notion to Suppress was MALEO to me and never discussed with me at all) I will request a charge of venue in the event of being ketch warranted back to my county due to previous usefulness, proselutural vildственных, conflict of interest and fear for my own safety. Thank you 50 very much for your time and consideration mall of this. Please review everything I am sending as it is of utmost importance to my cases and needs to be disclosed. feel free to request anything additional that you

NOS. C35719-CR, C35720-CR, C35723-CR

STATE OF TEXAS

LAUREN ELIZABETH AYCOCK

$\begin{matrix} § & a m p; IN THE COUNTY COULRT § & a m p; 8 & a m p; AT LAW OF § & a m p; § & a m p; NAVARRO COUNTY, TEXAS \end{matrix}$

MOTION TO SUPPRESS

TO THE HONORABLE JUDGE OF SAID COURT:

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

Defendant has been charged with the offenses of Possession of a Controlled Substance Penalty Group 1- Under 1 Gram in a Drug Free Zone in Cause No. C35719-CR, Possession of a Controlled Substance Penalty Group 1- Over 4 Grams Under 200 Grams with Intent 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.
On or about June 11, 2014, officers of the Navarro County Sheriff'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.
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 I, Section 9 of the Texas Constitution, and under Article 38.23 of the Texas Code of Criminal Procedure.
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

*3 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 Constitution of the State of Texas. 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. 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 I, Sections 9, 10 and 19 of the Constitution of the 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

*4 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 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 Illinois v. Gates, 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 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.

*5 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 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 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

State Bar No. 24036679 nancy@nealgreenlaw.com Attorney for Lauren Elizabeth Aycock

*8 OFFENSE REPORT (755534.1) Case Number: C14-07690 by Officer 156D (RAGAN, RICKEY) 06/11/14 STATE OF TEXAS - LAUREN AYCOCK AND ROBERT EDRINGTON REFENDANT wcock. Lauren State Hwy 22 Sorsicana, Texas

VIOLATION Manufacture / Deliver Controlled Substance PG $1 & g t; = 4 g & l t; 200 g /$ Drug Free Zone (Meth) Texas Health and Safety Code 481.112 First Degree Felony Possession of Controlled Substance PG $1 & l t; 1 g /$ Drug Free Zone (Oxycodone, Morphine) Texas Health and Safety Code 481.134 Third Degree Felony Possession of Controlled Substance PG $3 & l t; 28 g /$ Drug Free Zone (Diazepam) Texas Health and Safety Code 481.134 State Jail Felony Manufacture / Deliver Controlled Substance PG $1 & g t; = 4 g & l t; 200 g /$ Drug Free Zone (Meth) Texas Health and Safety Code 481.134 First Degree Felony Possession of Controlled Substance PG $1 & l t; 1 g /$ Drug Free Zone (Oxycodone, Morphine) Texas Health and Safety Code 481.134 Third Degree Felony Possession of Controlled Substance PG $3 & l t; 28 g /$ Drug Free Zone (Diazepam) Texas Health and Safety Code 481.134 State Jail Felony

JYNOPSIS: In 6/11/14 during execution of a narcotics search warrant, Lauren nycock and Robert Edrington were found to be in possession of nethamphetamine and other controlled substances in form of prescription medications. The location where Ms. Aycock and Mr. Edrington resided and found in possession of above controlled substances was within 1000 feet of James L. Collins Catholic School, which is a drug free zone. Ms. Aycock and Mr. Edrington were arrested and charged with Man/Del CS PG1 $& g t; = 4 g & l t; 200 g /$ DFZ, POCS PG 1 $& l t; 1 g / D F Z$ and POCS PG3 $& l t; 28 g / D F Z$ . SETAILS: I. On 6/11/14 Sergeant Ragan, Sergeant Darrell Waller and Captain Stan Farmer went to 2924 W . State Hwy 22 in Corsicana, TX to make contact with occupants at the residence. Sergeant Ragan and other NCSO Narcotic Officers had received information about subjects at the use of the prescription medications.

Sergeant Ragan knocked on the door and a subject identified as Bruce Edrington answered the door. Sergeant Ragan identified himself and asked if officers could enter the residence. Bruce Edrington allowed officers inside and told officers that he would wake up the owners of the residence. Officers observed a white male, later identified as Robert Edrington, exit a bedroom on the southeast corner of the residence. Sergeant Ragan could hear a female's voice in the bedroom and noticed that the female subject delayed exiting the bedroom. Sergeant Ragan could hear what seemed to be the female subject moving around inside the bedroom by the sound of her voice. The female subject, later identified as Lauren Aycock, exited the bedroom and all three subjects sat down in the living room area. Sergeant Ragan advised of the narcotics complaint and asked for identification. Both Robert Edrington and Bruce Edrington provided their information to officers and Ms. Aycock stated that her drivers license was in bedroom. Sergeant Ragan requested that she get her drivers license and Ms. Aycock went to her bedroom where she retrieved her drivers license. Sergeant Ragan noticed that Ms. Aycock removed her wallet that contained her drivers license from a small black safe and then locked the safe back. Sergeant Ragan noticed that Ms. Aycock used a key on the necklace she was wearing to open the safe. Sergeant Ragan has knowledge through previous - Assuming Problem field experience and training that safes similar to what Ms. Aycock had in her bedroom, are commonly used to hold illegal contraband inside such as narcotics.
Ms. Aycock then returned to the living room and provided officers with her drivers license. Ms. Aycock and Robert Edrington told officers that they lived at the residence together. Bruce Edrington stated that he was visiting and came to the residence on 5/10/14. Ms. Aycock and Robert Edrington confirmed that Bruce Edrington did not reside at the location. Using him ND authority to allow officers across the same, unlowing any Captain Farmer noticed a prescription bottle sitting on top of the kitchen counter in plain view from the living room. The bottle did not contain a label and a residual amount of a substance was seen inside the bottle. Sergeant Ragan asked who the bottle belonged to and Robert stated that someone had left it at the residence. Sergeant Ragan asked if officers could look inside the bottle and Robert Edrington told officers that they could look inside. Captain Farmer opened the bottle and noticed a residual amount of suspected marijuana. The bottle was later marked Drug Exhibit #1 (D-1). Sergeant Ragan asked if anyone in the residence had prescription medication and Ms. Aycock stated that she did. Ms. Aycock showed Sergeant Ragan to her room and gave consent for Sergeant Ragan to look through the prescription medicines and inside the bottles. Sergeant Ragan noticed multiple different types of pills inside one prescription bottle (D-2). Ms. Aycock told Sergeant Ragan that the unidentified pills were given to her by a friend. Ms. Aycock stated that the pills were a diuretic and not prescription medication. Ms. Aycock stated that she no longer had the correct bottle and had placed the pills in the bottle with her prescription. Ms. Aycock and Sergeant Ragan

They had already been told about dumping my bed. I have not felt that they had been very much not going to work. I have not felt that they had been very much more (with no memory)

*10 then returned to the living room. Sergeant Ragan asked for consent to search the residence from both Ms. Aycock and Robert Edrington. Both Ms. Aycock and Robert Edrington refused to give consent. At that time, Sergeant Ragan left the location to attempt to obtain a search warrant for the residence. Captain Farmer and Sergeant Waller remained on location while Sergeant Ragan attempted to obtain a search warrant. However, the only issue is the search of the Peace Vicki Gray issued a search warrant for the residence at 2924 W. State Hwy 22, Corsicana, TX including all outbuildings and vehicles at the location. Sergeant Ragan returned to the location and provided a copy of the search warrant to Ms. Aycock and Robert Edrington. i. Officers searched the residence and located numerous items of contraband in a bedroom on the southeast corner of the residence which was identified as Ms. Aycock and Robert Edrington's bedroom. Officers located a shoe box under the bed that contained pieces of straw with burnt ends along with "Q-tips" with an unknown substance on them. Sergeant Ragan is familiar with straws with burnt ends being commonly used with methamphetamine. A small red colored baggie containing a residual amount of a crystal like substance suspected to be methamphetamine was found in the trash can in the bedroom. The baggie was later marked Non-Drug Exhibit #1 (ND-1). Officers located a black safe (ND-2) in the bedroom on a foot stool. Officers asked Ms. Aycock where the key to the safe was located and she replied that she had lost the key. Sergeant Ragan asked about a key on her necklace that she was wearing and she showed officers the key. Ms. Aycock told officers the key on the necklace was to the storage building in the back yard. Ms. Aycock gave the key to officers and the key opened the safe location in the bedroom. $\to$ WYNANF!

Officers noticed numerous items of contraband inside the safe when it was opened. Sergeant Ragan observed numerous prescription bottles with Ms. Aycock's name on them. Sergeant Ragan later identified the pills in each bottle and observed that three bottles contained pills that did not belong inside the bottle. Five round blue pills (D-4) identified as Diazepam, commonly known as Valium, were located in an Adderall bottle. Sergeant Ragan has knowledge that Diazepam (Valium) is a controlled substance. Two round blue colored pills (D-5) identified as Oxycodone and two gray colored pills (D-5) identified as Morphine were located in a Carisoprodol bottle. Sergeant Ragan has knowledge that Oxycodone and Morphine are also both controlled substances. One prescription bottle contained numerous white pills identified as Hydrocodone as well as a single yellow pill also identified as Hydrocodone. Both the white pills and the yellow pill were identified as Hydrocodone but the yellow pill was not kept in it's correct prescription bottle The other bottles contained the correct prescription pills (ND-3) Sergeant Ragan located a zippered pouch (ND-4) that contained numerous small empty red baggies similar to the baggie located in the trash can. Sergeant Ragan knows that such baggies are commonly used to package narcotics. A set of black digital scales were also inside the zippered pouch. Two small red baggies and a clear plastic baggie all containing a crystal

*11 like substance suspected to be methamphetamine were located inside the zippered pouch. The three baggies containing suspected methamphetamine were marked (D-3). Also inside the safe was a plastic baggie containing $$ 1750.00$ in US. Currency (ND-5). Sergeant Ragan has knowledge and previous field experience that currency obtained through narcotic sales are commonly kept with narcotics and packaging paraphernalia. A clear plastic bag containing $$ 2.50$ in change was also inside the safe. The bag of change was left in the safe when placed into evidence.

A glass methamphetamine pipe (ND-5) containing suspected methamphetamine residue was found inside a black tennis shoe in the closet of the bedroom. Ms. Aycock advised that the shoe and the pipe belonged to Robert Edrington. Sergeant Ragan asked Robert Edrington if the pipe located inside the shoe belonged to him and he advised that it did not. 9. During the search of the bedroom where the narcotics were located, officers found identifying information and personal property belonging to both Ms. Aycock and Robert Edrington. Both Ms. Aycock and Robert Edrington advised that the methamphetamine that officers found and the prescription pills located in the wrong prescription bottles did not belong to them. Both Ms. Aycock and Robert Edrington were placed into custody and transported to the NCSO to compete 50 how could he booking. Bruce Edrington was released at the location without charges after determining that he did not reside at the location. The other two were located. The other two was not offices 10. The suspected methamphetamine (D-5) was later tested and field tested positive for methamphetamine. The baggies were weighed and the two red baggies of suspected methamphetamine weighed approx. 1.6 g and 1.8 g both including packaging. The clear baggie of suspected methamphetamine weighed approx. 5.8 g including packaging. The total amount of suspected methamphetamine was approx. 9 g . The oxycodone pills weighed approx. 0.1 g and the Morphine pills weighed approx. 0.3 g . The Diazepam (Valium) pills weighed approx. 1 g . 11. Both Ms. Aycock and Robert Edrington were charged with Man/Del CS PG $1 & g t; = 4 g & l t; 200 g /$ DFZ, POCS PG3 <28g / DFZ and POCS PG1<1g /DFZ. 12. Sergeant Ragan issued Ms. Aycock written receipt #6809 for the #1750.00 US Currency located in the safe. The $$ 1750.00$ US Currency (ND-6) was later released to the District Attorney's Office, subject to asset forfeiture. 13. A Samsung cell phone model SPH-L72 belonging to Ms. Aycock was also located at the residence. Sergeant Ragan has knowledge and previous field experience as cell phones being commonly used for contact between dealers and buyers during narcotic sales. Sergeant Ragan later completed a complaint and affidavit to which District Judge James Lagomarsino issued a search warrant for the Samsung cell phone model SPH-L72 belonging to Ms. Aycock. Detective Michael Dockery with Corsicana Police Department recovered the

*12 electronic data and memory from the cell phone and burned to a disc. Sergeant Ragan took possession of the disc and forwarded with case file. The cell phone was then marked (ND-7) and placed into evidence.

Sergeant Ragan will send Drug Exhibit #3,4 and 5 to the DPS Lab in Waco, Texas for further analysis. Drug Exhibits #1, 2 and Non Drug Exhibits #1, 2, 3, 4, 5, 6 and 7 will be placed into evidence at the sheriff's office.

RUG EVIDENCE:

prescription bottle with suspected marijuana residue.
prescription bottle with multiple different type pills inside

Adderall bottle containing (5) Diazepam (Valium) pills, total weight of approx. 1 g Carisoprodol bottle containing (2) Oxycodone pills and (2) Morphine pills, total weight of approx. 0.4 g One clear baggie containing suspected methamphetamine (approx. 5.8 g ), one red baggie containing suspected methamphetamine (approx. 1.8 g ) and one red baggie containing suspected methamphetamine (approx. 1.6)

IN-DRUG EVIDENCE:

red baggie containing residual amount of suspected methamphetamine
black safe with key
various prescription bottles containing pills
zippered pouch, numerous empty baggies and black
digital scales
glass methamphetamine pipe with suspected methamphetamine
$1750.00 US Currency, released to DA's office subject to asset forfeiture
Samsung cell phone model SPH-762 with charger

TNESSES:

| t. | Rickey Ragan | all details of case | |------|------|------| | | | | | ptain Stan Farmer | all details of case | | | | | | | t. | Darrell Waller | execution of search warrant—but they all made on in hal | | | | | | | | | | p. | Fredia Wafer | scene security / prisoner transport |

The sheriff, Elmer Tanner, also made a personal appearance in my home strolling in and quote "We'll well well, what to we have here?" But is not listed anywhere in the report as being dispatched or sent out but is NCSO.

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*16 Property

*17 Arrests

| Arrest No. | Name | Address | Date/Time | Type | Age | | :--: | :--: | :--: | :--: | :--: | :--: | | 2386A | Aycock, Lauren Elizabeth | 3200 W 7TH AVE | 09/02/2012 09:35 | Warrant/Taken into
Custody | 28 | | | | Corsicana,TX 75110 | | | |

*18

Corsicana Police Department Detail

| Print Date/Time: | 04/01/2015 16:58 | | :-- | :-- | | Login ID: | rdavis | | Case Number: | 2012-00018722 |

Subject # 1-Victim

| Primary: | Yes | Victim Type: | Individual | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | Name: | Huffman, Rabekah Lea | Race: | White | Sex: | Female | DOB: | 01/07/1982 | | Address: | 213 E DRANE AVE | Height: | 5 ft 7 in | Weight: | 130.0 lbs. | Build: | Small | | | Corsicana TX 75110 | Eyes: | Hazel | Hair: | Drot | Age: | 30 | | Primary Phone: | (903)872-3871 | SSN: | ... | DVL #: | | State: | TX | | Resident Type: | | Resident ID: | | | | | | | Resident Type: | | Date: | | | | | | | Resident | | | | | | | |

Related Offenses

| Group/ORI | Crime Code | Statute | Description | | :--: | :--: | :--: | :--: | | State | 13A | PC 22.02(a)(2) | Agg Assault W/Deadly Weapon |

Victim/Offender Relationship

| 1. assailat 13a: | | | | | :--: | :--: | :--: | :--: | | (1) assailat 13a: | | | | | (2) assailat 13a: | | | | | (3) assailat 13a: | | | | | (4) assailat 13a: | | | |

Subject # 2-Victim

Related Offenses

| Group/ORI | Crime Code | Statute | Description | | :-- | :-- | :-- | :-- | | State | 13A | PC 22.02(a)(2) | Agg Assault W/Deadly Weapon |