Case Information

*1 IN THE SIRTHCAUT OF APPPIES OF THERMANIASTAS DISFRICTCAUT ALG 8.3.2015 CLaimant ESDUL3MPREMES Autrey, Clerk

RE'APPellate cause: 3 F-2015 $\begin{array}{ccc}\text{ReVisioner}\hfill & amp;\text{clains of Relief}\text{Iurisdiction Notice}\hfill & amp;\text{tinct}\hfill \end{array}$

UNOER Rule of APPEllant Prace' Rules 3.45032015 OF Faimess in AdJucation Procedure: 2 re UNOER Rules 52.11 (1) TO: UNOMthas it mayconcern of this Hete cour: the APPEllant Hercin at this Herc time: are Produceins evidence of the ins ufficient Search: JSRRant Documeas of Proof of the UNSIGN are unprofering 3 Tomp. of the material of the evidence at the motion to suppression Hearing (a) the documents Here are the true in sufficient Documents that the TRIALATrorenE gas to His client there are No seal. Nor 300 en 70 CERTIled cours symps, Produced. Herein ON THE INSUfficient search is meant Exhibits Document are invalid. this Document aEA Hereins was Properly detected to at Trial. norien to suppression A Teibusal on an unPRIwleged Fact which the APEtIant. As foreneV should have REgraazing made REvoval to this court directly, and to make Discusse of tha evidence, Kownin to be Fabe Material evidence on APEeal.

3 E E A S Sachne of PABES of A factual issue claims

*2 Clains of the court reports records of the mision expenses illeal space block of a Reversal ERROR of a Aprellant Record.

PASSEMB The court of Trial course didn’t have a tove Records of the Exhibit of a Property Sian Search relevant. These document are Eabrieated evidence of a misle ordins of a Records that come often trial.

PASSEMB

The courts are allouins the state to produce A Eabieated. Records of a false Exhibit of a illegal search relevant than was not Apert of Aprellant Trial use of the CReect. The material Testimons.

STARMEONS OF A EECTural claim in the APELlant

Records there was a disposition of a prefore compelet. of facts of trial. Court erreors to denie the Aprellant motion to suppress providing in the entire Record. The burden of Proofs to Preserved ERRORS on APELl.

APPELLIQt ASCERTAIN: That material Testimons

Of other evidence are made false a client. Court. Court. Withdraw the false material and Erand. APELliss in Litigation are comments. to rules of APELlant eroc. 1.02 (E) and 8.05 (A).

The alleged defects are HAMPFULFERRORS and the documents to which was added on the A RECORD of 28 days search relevant are not the true duplicated document see attachment. Exhibits alleged defects APELlant Attorenc Eail. To Property Address on APELl on His client. Behalf.

SEL ATTACHMENT INSUFFICIENT SEACCH

G

*3 To: Blood Drain was A unconstitutional Bieee Drain Becauve if was Focestble: and 29 aust. The Apprllest content, case Law cite. 28 Beeman Vs. 58 afe 86, S.W.3d. 613 fex cfrim APE 2002 under The implied. concept statute and discite The Existence. of a search wercant this search was ingild Becauve it Violated. The states implied.consent sEstuive there was. No CAR Accident. and someone was injured are claims of feveral ERBORs of appeal

THE APPEllest AFForener of Record-on For the didact Address this Here issues on APEeal: No clain.thaf the state had. A True warrant. Thaf allowED A Blood Drain is a seacore cite Please see misouce, Vs. me weelV353 8. W.3d 65,2012 and under FRANSF. 006 ANN. 3 729.013 VERNON superiviz seclian 724.012 B) 21 state A Blood Samplenow Not Be taken if A Person defuses. desivatee be a peace officer

SUBSCRIBED ANO SOMEN 70 B Forgoing of TH. True Insuffloient Document of unsign of the Exhibit materials of Evidence are Beef To The coure of APEeals, sixth APEealate D. 555010 F Couch Ri- 38 afe Justice Building 100 North state Line Avenue 20 Fexarkans Years 75501 Fecuvard, From The clemenfis unit 96015 PUs 571 AMARIIlo 7579107 Le3ul mail. Bex To the coure. on the 7.28.2015

*4

| FILE TITLE: Lampkins, Esaw | | COUNTY: Gregg | | :--: | :--: | :--: | | INVESTIGATING OFFICER: Trooper Bobby Dean | | REPORT DATE: 07/31/13 |

Victims:

Name &; Address: State of Texas

Vehicles:

Description:

Bik 1998 Dodge Ram PU TXLP AR15399 VIN 3B7HF12Z8WM239854 Owner: Lopez, Gilberto

Weapons:

Description: No Disposition:

None

*5

13-04421

THP-1 (8/04) TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS HIGHWAY PATROL DIVISION OFFENSE REPORT

$\underset{\text{OFFENSE REPORT}}{\text{T}}$

REPORT DATE: $07/31/13$

13-1572

RPT-RE: Driving While Intoxicated $3^{\text{rd}}$ or More PC Ch. 49 COMPLETE IF TRAFFIC OFFENSE AND CHEMICAL TEST IS OFFERED:

Synopsis:

On 7/12/13, GCSO Deputy Joe Cassin, stopped a vehicle on IH 20 Service Rd. in Gregg County, TX that was reported stolen. The driver was identified as Lampkins, Esaw B/M 06/05/68. Lampkins showed several signs of intoxication and was arrested for UUMV, DWLI W/ Prev Conv/Susp, and Driving While Intoxicated $3^{\text{rd}}$ or More. He refused to provide a blood specimen and a blood search warrant was obtained and executed.

Details:

1. On Friday, July ${12}^{\text{th}},2013$ at approximately 10:27 PM, GCSO Deputy Joe Cassin stopped a vehicle operated by Lampkins, Esaw B/M 06/05/68 on IH 20 Service Rd. near SH 135. The vehicle was reported and confirmed stolen. While speaking to Lampkins, Deputy Cassin suspected that he was intoxicated.

2. I, Trooper Bobby Dean, arrived on scene to conduct a Driving While Intoxicated investigation. I observed that Lampkin's eyes were glassy and red and the odor an alcoholic beverage was present on his breath.

3. 1. Deputy Cassin advised Lampkins of the Miranda Warnings. I asked him how much alcohol he had consumed and he stated that he had one 16 ounce Natural Light beer. I asked him if the truck was stolen and he stated that he did not know if it was or not that he was just driving it.
4. 1. I walked him to the front of my patrol unit and administered the Standardized Field Sobriety Tests.

5. Standardized Field Sobriety Tests:

• 1. I asked him if he had any head injuries or medical problems and he stated that he did not have any that

*6

THE TITLE: Lampkins, Esaw
INVESTIGATING OFFICER: Trooper Bobby Dean
COUNTY: Gregg
REPORT DATE: 07/31/13

Opinion of Arresting Officer

1. All the clues that I observed:

2. Glassy Eyes

3. Bloodshot Eyes
4. Odor of an alcoholic beverage on his breath as he spoke
5. Admission to consuming alcohol
6. 4 HGN Clues
7. Stated " 5 " on " $0-10$ " scale
8. Admission to be being intoxicated

I formed the opinion that he was intoxicated and had lost the normal use of his mental and physical faculties.

Arrest:

1. He was then escorted to the front seat of my patrol unit.
2. Prior to leaving for the jail, I read him the DIC-24 Statutory Warning and requested a blood specimen. He refused to provide the specimen.
3. He was then transported to Good Shepherd Medical Center. I prepared a blood search warrant and contacted Judge Tim Womack. Judge Womack reviewed the warrant and found that probable cause existed and issued the warrant.

Hospital:

1. Lampkins was provided a copy of the warrant. Then the following was done: a. I removed the vial from the Blood Collection Kit. b. The expiration on the Blood Kit was 07/2014.

*7

c. I filled out the label completely except for the time the blood was drawn. d. I handed the closed vial to Nurse Don Leach. e. The preservative/anti coagulant powder was visible in the bottom of the vial. f. He used a non alcoholic solution to disinfect the arm, and drew the blood sample into the vial which indicated that the vacuum on the vial was working properly. g. He rotated the vial five times so as to mix the blood with the anti coagulant. h. The vial (never having been opened) was delivered to me, and I finished completing the label by adding the time the blood was drawn (12:46 AM). i. I initialed the label which was used to seal the vial top closed.

Booking:

1. He was transported to the Gregg County Jail for booking and provided a copy of the DIC-24 Statutory Warning and DIC-25 Notice of Suspension Temporary Driving Permit. He was booked for Driving While Intoxicated $3^{\text{rd}}$ or more after showing to have multiple prior convictions. He was also booked by Deputy Cassin for UUMV and DWLI W/ Prev Conv/Susp.

Witnesses:

Name &; Address: Tnooper Bobby Dean 416 Lake Lamond Longview, TX 75604 $903-758-1789$

WWill Testify To:

Entire Contact

Description and Custody of Evidence:

Description: DVD of Contact Blood Specimen

Disposition:

Sent to DA's Office with Case Report Sent to Tyler DPS Crime Lab

*8

FILE TITLE: Lampkins, Esaw INVESTIGATING OFFICER: Trooper Bobby Dean

COUNTY: Gregg REPORT DATE: 07/31/13 would affect the tests. I then began the Standardized Field Sobriety Tests which I am certified to administer.

7. Horizontal Gaze Nystagmus (HGN) Test:

Look into the subject's eyes for horizontal gaze nystagmus. Nystagmus is the involuntary jerking of the eyes. Horizontal Gaze Nystagmus is the involuntary jerking of the eyes as they gaze to the side.

Have the subject focus on a stimulus. Hold a stimulus twelve to fifteen inches in front of the subject's face, slightly above eye level. Ask the subject to follow the stimulus with eyes only, not moving the head.

Check to make sure the subject has equal pupil size and equal tracking in both eyes. Then check for lack of smooth pursuit in both eyes. This means the inability of the eyes to follow a stimulus smoothly as they move from side to side. Next, check for distinct and sustained nystagmus at maximum deviation. This means a distinct jerking of the eyes as they move to the side until no more white is visible in the corner of the eye and held there for at least four seconds. Finally, check for the onset of nystagmus prior to forty-five degrees. This means a jerking of the eyes prior to a forty-five degree angle. This point is between the nose and inside portion of the shoulder on most people.

Each eye is scored independently for a total of six clues; three clues per eye. The decision point is 4 clues. Total Possible HGN Clues: a) Lack of Smooth Pursuit b) Distinct and Sustained Nystagmus at Maximum Deviation c) Onset of nystagmus Prior to Forty-Five Degrees 8. During the test, I observed the following 4 clues:

• Lack of Smooth Pursuit in both eyes $\Rightarrow$ - Distinct and Sustained Nystagmus at Maximum Deviation in both eyes
• 1. I did not administer the Walk and Turn Test or One Leg Stand Test due to him being under arrest and in handcuffs.

• I asked him if he would provide a breath sample into a PBT and he did not refuse it or take it. He stated that he thought he might be over the limit and he admitted that he consumed three 16 ounce Natural Light beers approximately two hours before

• I asked him if he thought he was intoxicated and he stated that he might be. I asked him to describe how he felt on a scale of "0-10" with "0" meaning completely sober and "10" meaning the most intoxicated he had ever seen anybody ever being. He stated that he was " 6 " I then asked him again if he would take the PBT. He then refused.

*9

ESAM LAMPKIN

GREGG COUNTY, TEXAS PETITION FOR REIMBURSEMENT UNDER ARTICLE 42.12, Soc. 11 (a) (19), CODE OF CRIMINAL PROCEDURE

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW THE STATE OF TEXAS by and through the undersigned attorney and moves the Court to include in the terms and conditions of probation, ordered under Article 42.12, Code of Criminal Procedure, in this case, reimbursement to the law enforcement agency, the Texas Department of Public Safety, Crime Laboratory, for its costs incurred; in the (analysis) (1), (steepage) (2), or (diepeeal) (3) for alcohol content in connection with this offense. The sum (4) of the cost to be reimbursed is $\$60.00$ .

1. Analysis $\underset{―}{\$}60$
2. Storage $\underset{―}{\$}\underset{―}{0}$
3. Disposal $\underset{―}{0}$
4. Sum $\underset{―}{\$}60$

DPE Laboratory Number: TYL-1307-04468 Agency File Number:

Signature of Attorney Representing the State

Printed Name

IF REIMBURSEMENT IS ORDERED AS A TERM OF COMMUNITY SUPERVISION, SEND PAYMENT TO:

Texas Department of Public Safety RESTITUTION ACCOUNTING P.O. Box 4087

Austin, Texas 78773-0130 $512-424-2144$

*10

5.
FILED GREGG COUNTY, TEXAS

JUL 222013

COUNTY OF GREGG &; GREGG COUNTY, TEXAS

RETURN AND INVENTORY

The undersigned Aifiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath certifies that the foregoing Warrant came to hand on the day it was issued and that it was executed on the 13 day of $T_u{l}_0$ . 2013 by making the search directed therein and seizing during such search the following described property: Human blood from the body of the Suspect.

Suspect's Name: Lomakin, Tcan: $$ Sex: w Race: $◻$ Suspect's date of birth: $015/68$

| | | | :--: | :--: | | Affiant | |

Subscribed and sworn to before me by the said Affiant on this $$ day of JUL 222013

{ } Magistrate of $$ County. Texas { } Peace Officer. State of Texas { } Notary Public whose commission expires:

*11

SEARCH WARRANT

THE STATE OF TEXAS to any Sheriff or any Peace Officer of Gregg County, Texas, or any Peace Officer of the State of Texas:

WHEREAS. I have been presented an affidavit requesting issuance of a search warrant, and whereas I find that the verified facts stated by the Affiant in said affidavit show that Affiant has probable cause for the belief he/she expresses therein, and whereas I believe said affidavit properly establishes grounds for issuance of this Warrant;

NOW. THEREFORE. you are commanded to take custody of the Suspect and with the assistance of an individual qualified in the intravenous removal of human blood, you shall search for, seize and maintain as evidence the property described in said Affidavit, to-wit: Human blood from the body of the Suspect.

Suspect's Name: Leungkin, FSSin) Sex: FY Race: ${\mathit{\beta }}_{\text{n}}$ Suspect's date of birth: $b/5/{65}^2$

Herein fail not, but have you then and there this warrant to be executed without delay; and upon compliance with the orders herein, make return showing you have executed same within three days of the date shown below, exclusive of the day of its issuance and return.

ISSUED on this the 13 day of July 20,13at 12:15 o'clock A M. to certify which witness my hand this day.

*12

(CHECK ONLY ONE BOX)

Non-Traffic Stop Encounter with Suspect

No action was taken by me or other law enforcement officers to stop the Suspect's vehicle. The encounter with the Suspect occurred at $$ o'clock $$ m. on the $$ day of . 20 at the following location within Gregg County, Texas:

The events leading up to the encounter with the Suspect and the reasons I believe the Suspect was operating a motor vehicle are: $$ $$ $$ $$ $$

Traffic Stop on Vehicle Operated by Suspect

A stop was conducted on a motor vehicle driven or operated by the Suspect. The name of the officer who stopped the motor vehicle is $$ The stop was made at approximately 10:270'clock $\overline{◻}$ .m. on the 12 day of 2011 . 2013. The stop took place in Gregg County. Texas at the following location: $\pm H\pm 20\pm \infty$ 2uving bed

The stop was made for these reasons and under the following circumstances: $$ $E$ rided to qinted ciscat of uien and subject was $$

*13

TEXAS DEPARTMENT OF PUBLIC SAFETY CRIME LABORATORY SERVICE

Toxicology/Blood Alcohol Kit Laboratory Submission Form

Submitting Officer

Agency Case

Number Offense

DEA

$◻$ Intoxication Investigation $$ Country of Offense

| Exam Requested | $◻$ Alcohol Analysis Only
(Submit to Lab for your Area) | $◻$ Drug Analysis Only
(Submit to Austin Lab) | $◻$ Both Alcohol and Drug Analysis
(Submit to Lab for your Area) | | :--: | :--: | :--: | :--: |

Specimen Taken From

| Suspect | Victim | Name (Last, First, Middle) | Race | Sex | DOB | DL# / ID# | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | 5 | $◻$ | L.AUYE.CH. $6^{\text{th}}$ C.C. | 5 | 11 | 6/5/14 | 1X / 1/0 > 36/33 | | $◻$ Living or | $◻$ Deceased | $◻$ Driver or $◻$ Non-Driver | $◻$ Driver under 21 | $◻$ Driving Commercial Vehicle | | | | Blood
Collection Date 01/12/13 | | $\&◻\text{Unne}\&\text{Time}$ | Comments
12/1/13
12/1/13 | | | | | Other Subjects | | | | | | | | Suspect | Victim | Deceased | Name (Last, First, Middle) | Race | Sex | DOB | | $◻$ | $◻$ | $◻$ | | | | | | $◻$ | $◻$ | $◻$ | | | | | | $◻$ | $◻$ | $◻$ | | | | |

Additional Case Information

*14

STATUTORY WARNING

SUBJECTS NAME

THE 14003653

OLNO./STATE

HIS 188

DOB

PHYSICAL DESCRIPTION (if unlicensed) Race: $$ Sex: $$ Height: $$ Weight: $$ Eyes: $$ Hair: $$ DATE OF ARREST: 111212 TIME OF ARREST: 2301315 COUNTY OF ARREST: $$

You are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041. Alcoholic Beverage Code. You will be asked to give a specimen of your breath and/or blood. The specimen will be analyzed to determine the alcohol concentration or the presence of a controlled substance, drug, dangerous drug or other substance in your body.

If you refuse to give the specimen, that refusal may be admissible in a subsequent prosecution. Your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 180 days, whether or not you are subsequently prosecuted for this offense.

If you refuse to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from you. If you are 21 years of age or older and submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of 0.08 or more, your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 90 days, whether or not you are subsequently prosecuted for this offense.

If you are younger than 21 years of age and have any detectable amount of alcohol in your system, your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 60 days. However, if you submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of less than 0.08 , you may be subject to criminal penalties less severe than those provided for under Chapter 49, Penal Code.

If you were operating a motor vehicle and you refuse to give the specimen or provide a specimen that shows you have an alcohol concentration of 0.08 or more, you may be disqualified from driving a commercial motor vehicle for a period of not less than one year.

You may request a hearing on the suspension or denial. This request must be received by the Texas Department of Public Safety at its headquarters in Austin, Texas, no later than 15 days after you receive or are presumed to have received notice of suspension or denial. The request can be made by written demand, fax, or other form prescribed by the Department.

I certify that I have informed you both orally and in writing of the consequences of refusing to submit to the taking of a specimen or providing a specimen. I have provided you with a complete and true copy of this statutory warning.

I am now requesting a specimen of your $◻$ Breath $◻$ Blood $◻$ Subject refused to allow the taking of a specimen and further refused to sign below as requested by this officer.

OR $◻$ Subject refused to allow the taking of a specimen as evidenced by his/her signature below.

Subject's Signature $◻$ I further certify that because you are a child as defined in Section 51.02, Family Code, the above request for a specimen and your response have been videotaped.

3

Officer's Signature

$$ $$

3

Office's Printed Name $$

*15

STATE OF TEXAS

COUNTY OF C-5-6-5

Before me, the undersigned authority, on this day personally appeared $$ known to me to be a credible person, who, having been by me duly swom, deposed as follows:

My name is $$ and I am a Texas Peace Officer. I certify that the following information is true and correct: I had probable cause to believe and do believe that $$ Subject's Name wasdriving or in actual physical control of a motor vehicle in a public place, or watercraft powered by an engine having a manufacturer's rating of 50 horsepower or above, in this state while intoxicated or under the influence of alcohol. Facts in support of this belief are: A. Conlained in report(s) incorporated by reference for all purposes as if written and copied herein.

Specify report(s) or document(s) $$ No. of pages $$

OR $◻$ B. Noted in the following: I. On or about $$ a $$ was observed by $$ Observer in the following public place $$ Location (address, including city and county) II. Reasonable suspicion to stop or make contact: III. The driver was identified to me as $$ $◻$ Driver License No. DOB IV. Probable cause for arrest or detention: a. Signs of intoxication or consumption of alcohol: b. Sobriety tasks requested, if any, and performance obtained (explain): I $◻$ am $◻$ am not certified to administer standardized field sobriety tests. $◻$ including $◻$ not including horizontal gaze nystagmus $◻$ $$ continuation page(s) incorporated by reference for all purposes as if written and copied herein. V. Check one: $◻$ Subject provided specimen - Intoxityzer results: $$ Subject refused test $◻$ Subject provided blood sample, results pending $◻$ Subject was a minor and was not requested to provide a specimen The statutory warning given to the person is set out in detail In the document DIC-24, which is incorporated by reference for all purposes as if written and copied herein.

*16

THE STATE OF TEXAS

COUNTY OF GREGG

The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath certifies that the foregoing Warrant came to hand on the day it was issued and that it was executed on the 13 day of $T_m/\omega$ . 20.13 , by making the search directed therein and seizing during such search the following described property: Human blood from the body of the Suspect.

Suspect's Name: Le. m. pkin. Fx. 21 Sex: M Race: $◻$ Suspect's date of birth: 6/5/68

Sni
Affiant

Subscribed and sworn to before me by the said Affiant on this $$ day of $$ JUL-22 2013

{ } Magistrate of $$ County, Texas { } Peace Officer, State of Texas { } Notary Public whose commission expires:

*17

SEARCH WARRANT

THE STATE OF TEXAS to any Sheriff or any Peace Officer of Gregg County, Texas, or any Peace Officer of the State of Texas:

WHEREAS. I have been presented an affidavit requesting issuance of a search warrant, and whereas I find that the verifind facts stated by the Affiant in said affidavit show that Affiant has probable cause for the belief he/she expresses therein, and whereas I believe said affidavit properly establishes grounds for issuance of this Warrant;

NOW, THEREFORE, you are commanded to take custody of the Suspect and with the assistance of an individual qualified in the intravenous removal of human blood, you shall search for, seize and maintain as evidence the property described in said Affidavit, to-wit: Human blood from the body of the Suspect.

Suspect's Name: Le $\neg$ fker, $ℱ\neg \neg \neg$ $$ Sex: $ℱ\neg$ Race: $ℱ$

Suspect's date of birth: $L/2/{25}^{\prime }$

Herein fail not, but have you then and there this warrant to be executed without delay; and upon compliance with the orders herein, make return showing you have executed same within three days of the date shown below, exclusive of the day of its issuance and return.

ISSUED on this the $$ day of $$ 20 $$ at $$ o'clock $$ M., to certify which witness my hand this day.

District Court/County Court at Law # $$ Gregg County, Texas

*18

AFFIDAVIT FOR SEARCH WARRANT

PARAGRAPH I (AFFIANT)

My name is Rabb, beon $$ and I am a Peace Officer under the laws of Texas and after being duly sworn, on oath I make the following statements and accusations:

I am commissioned as a peace officer by the following law enforcement agency: $$ Teens Deprtowate of Water of have been a peace officer for $$ years. The facts set forth in this Affidavit are the results of an investigation conducted by: $◻$ Me (Affiant) $◻$ See Cassin $$ who I know to be a credible and reliable person employed as a peace officer by the Cassin County Sheriff's office and who has communicated to me the facts set forth in this Affidavit.

PARAGRAPH II (SUSPECT)

There is in Gregg County, Texas, a suspected person described and located as follows: An individual whose name is Espos Longkin $$ and who shall hereafter be referred to as "Suspect". Suspect is a male/ $$ female who was born on $1015\mathrm{K}08$ $$ 19 G. 8 . The Suspect $$ does not have a driver's license $/◻$ has a driver's license issued by the State of Texas $$ and the number is 14055635 . The Suspect is presently in custody of the Gregg County Jail located at 101 E. Methvin. Longview. Texas, or other place described as follows: Steel Suspect Medical Center-Lowy

*19

SEARCH WARRANT

THE STATE OF TEXAS to any Sheriff or any Peace Officer of Gregg County, Texas, or any Peace Officer of the State of Texas:

WHEREAS. I have been presented an affidavit requesting issuance of a search warrant, and whereas I find that the verified facts stated by the Affiant in said affidavit show that Affiant has probable cause for the belief he/she expresses therein, and whereas I believe said affidavit properly establishes grounds for issuance of this Warrant;

NOW. THEREFORE, you are commanded to take custody of the Suspect and with the assistance of an individual qualified in the intravenous removal of human blood, you shall search for, seize and maintain as evidence the property described in said Affidavit, to-wit: Human blood from the body of the Suspect.

Suspect's Name: Le $\alpha \mu \rho K\mu ,Z\zeta \zeta \omega$ $$ Sex: $P\mathrm{\gamma }$ Race: ${\mathit{\rho }}_3$

Suspect's date of birth: ${\int }_0\int S)\mathrm{l}\mathrm{s}{s}^2$

Herein fail not, but have you then and there this warrant to be executed without delay; and upon compliance with the orders herein, make return showing you have executed same within three days of the date shown below, exclusive of the day of its issuance and return.

ISSUED on this the 13 day of July 20.13at 12:15 o'clock A.M. to certify which witness my hand this day.

*20

MAGISRATE'S REVIEW OF ARREST WITHOUT WARRANT

| SUSPECT: | | Lampkin, Esaw | | DATE OF ARREST: | $7/12/13$ | | 10 FILE # | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | RACE: | B | | SEX: | M | DATE OF BIRTH: | $6/5/68$ | TIME OF ARREST: | 2301 hrs | | CHARGES: Driving While Intoxicated $3^{\text{rd}}$ or More | | | | | | | | |

PROBABLE CAUSE FOR ARREST

Please indicate facts that indicate the suspect committed the offense(s) charged. Please include facts relevant to each offense. On 7/12/13, GC50 Deputy Joe Cassin stopped a vehicle operated by Lampkin, Esaw B/M 6/5/68 for fail to yield right of way and backing up on 1 H 20 EB Service Rd. In Gregg County, TX. The vehicle was also reported stolen and Cassin suspected the subject was intoxicatedIONESJERMONE ANTONIO. I, Trooper Bobby Dean, arrived on scand to conduct a driving While Intoxicated Investigation. I observed that Lampkin's eyes were red and glassy, his speech was slurred, the odor of an alcoholic beverage was present on his breath, and he admitted to consuming alcohol. I Believed that he was intoxicated and had lost the normal use of his mental and physical faculties. He was arrested and refused to provide a blood specimen. A blood search was obtained and executed. Lampkin shows multiple Driving While Intoxicated convictions including two convictions for Driving While Intoxicated $3^{\text{rd}}$ or More. He was booked into the Gregg County Jail for Driving While Intoxicate $3^{\text{rd}}$ or More.

ARRESTING OFFICER

APPROVING SUPERVISOR

I, the undersigned magistrate, find probable cause for detention of this suspect for the following offense (s): 1. 2. 3. $$

Magistrate Date Time I, the undersigned magistrate, find there is no probable cause to detaln this subject based on the information presented.

*21

The Suspect is presently in my control and custody or another peace officer, who will present Suspect for purposes of execution of the warrant requested hereby.

It is my belief that the Suspect is now in possession of and is concealing the following property within the body of the Suspect, to-wit: Human blood, which I believe contains evidence of an intoxicating substance. From my training and experience, I know alcohol and other intoxicating substances are absorbed into the bloodstream of an intoxicated person and that the blood of such person can be analyzed for the presence of alcohol and other intoxicating substances. I believe that said property constitutes evidence that the offense described in Paragraph III below was committed by the Suspect.

PARAGRAPH III (OFFENSE)

I have probable cause to believe and do believe that on or about the $1\Omega$ day of 20.3 . the Suspect did then and there operate a motor vehicle in a public place while intoxicated by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.

PARAGRAPH IV (EVIDENCE OF OPERATING/REASONS FOR CONTACT)

MY BELIEF THAT THE SUSPECT COMMITTED THE OFFENSE DESCRIBED IN PARAGRAPH III ABOVE IS BASED UPON THE FACTS SET FORTH IN PARAGRAPHS IV AND V OF THIS AFFIDAVIT:

I believe the Suspect was operating a motor vehicle in a public place for the following reasons: $$ I observed the Suspect operating a motor vehicle in a public place.

A person whose name is Death, The Cessity told me that they personally observed the Suspect operating a motor vehicle in a public place.

Other reasons:

*22

It is my belief that the Suspect committed the following violations of the Transportation Code (if any): Soube: to ypelo: rish as voun

$◻$ Crash of Vehicle Operated by Suspect

I was notified of a motor vehicle crash by $$ . I and/or $$ , who is also a peace officer, conducted the crash investigation and that the location of the crash was $$ which I know to be in Gregg County, Texas. The crash occurred at approximately $$ o'clock $$ .m. on the $$ day of $$ . 20 $$ I have reason to believe that the Suspect was driving or operating the motor vehicle involved in the crash because $$ $$ $$ $$

The name(s) of the person(s) who observed the Suspect operating the vehicle are: $$ The details/circumstances surrounding the crash are: $$ $$ $$

PARAGRAPH V
(EVIDENCE OF INTOXICATION)

During contact with the Suspect, the following observations about the Suspect were made by me (Affiant) $$ .who is a peace officer.

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2.

SUBJECT'S NAME

ADORESS 1215 ReL/CAK PgK $TX$ 10053633 OLID NO.ISTATE

PHYSICAL DESCRIPTION (if unlicensed) Race: $$ Sex: $$ Height: $$ Weight: $$ Eyes: $$ Hair: $$

DATE OF ARREST: -112/25 TIME OF ARREST: 230/165 COUNTY OF ARREST: $$

YOUR LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE OR WATERCRAFT WILL BE SUSPENDED OR DENIED EFFECTIVE 40 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE BECAUSE YOU:

ADULT:

$◻$ REFUSED to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance. $◻$ PROVIDED a specimen of breath or blood, and an analysis of the specimen showed an alcohol concentration of .08 or greater following an arrest for an offense involving the operation of a motor vehicle or watercraft.

MINOR (Under 21):

$◻$ REFUSED to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance. $◻$ PROVIDED a specimen of breath or blood, and an analysis of the specimen showed either an alcohol concentration of .08 or greater or a detectable amount of alcohol following an arrest for an offense involving the operation of a motor vehicle or watercraft. $◻$ WERE NOT REQUESTED TO SUBMIT to the taking of a specimen following an arrest involving the operation of a motor vehicle or watercraft, as the presence of alcohol was defected or measured by other means.

If your Texas driver license was confiscated, this document will serve as your temporary driving permit. It is subject to the same restrictions and endorsements as your Texas driver license. If you hold a commercial driver license, this permit authorizes the operation of commercial motor vehicles. This permit does not provide you with any driving privileges if you do not have a Texas driver license or if your Texas driver license is expired, suspended, revoked, cancelled, or disqualified. This permit is valid for 40 days from the date of service shown below. If you request a hearing, this permit will remain in effect until the administrative law judge makes a final decision in your case.

Driver License Confiscated: $◻$ Yes $◻$ No $$ If no, explain $$ $◻$ $$ $$ Date Notice Served: $$ 111215

$$
Officer's Signature

$$ $T$ $T$ $T$ $T$ $T$ Officer's Printed Name $$ $T$ $T$ $T$ $T$ $T$ Agency $$ $T$ $T$ $T$ $T$ $T$ $T$ $T$ Telephone No.

FOR DEPARTMENT USE ONLY

DRIVER INFORMATION

You may request a hearing to contest the suspension by calling (800) 394-9913, faxing (512) 424-2650 or writing the Texas Department of Public Safety, Driver Improvement Bureau, at PO Box 4040, Austin, Texas 78765-4040. All correspondence must include the following information: Full name, date of birth, driver license number and state, current mailing address, home and daytime telephone numbers, date and county of arrest, arresting agency, arresting officer, whether the test was failed, refused or not requested, and such other information as requested by the Department. Please specify if you wish to have your hearing by telephone or in person. The request for hearing must be received by the Texas Department of Public Safety no later than 15 days after you receive or are presumed to have received notice of suspension. Failure to request a hearing within this time is a waiver of your right to a hearing. You will be notified of the date, time, and location of your hearing. You will be required to pay a $\$125$ reinstatement fee to the Texas Department of Public Safety, Driver Improvement Bureau, PO Box 15999, Austin, Texas 78761-5999, in addition to any other fees required by law. See reverse side for periods of suspension and statutory references.

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*25

ALSO. I HAVE KNOWLEDGE OF THE ITEMS CHECKED BELOW BECAUSE I PERSONALLY OBSERVED THEM OR WAS INFORMED OF THEM BY A PEACE OFFICER OR ANOTHER PERSON WHOSE NAME IS:

(CHECK ALL THAT APPLY)

Alcoholic beverages were present inside the motor vehicle operated by the Suspect. Drugs/Controlled substances were present inside the motor vehicle operated by the Suspect. Drugs/Controlled substances were located on the person of the Suspect. Drug paraphernalia was located on the person of the Suspect or in the motor vehicle. $\to$ Field sobriety tasks were administered to the Suspect by me or by $$ . $✓$ The person who administered the field sobriety tasks is certified to administer said tasks. $✓$ The Suspect's performance on the field sobriety tasks indicated loss of the normal use of physical or mental faculties.

Attached to this affidavit is a scoring sheet indicating the Suspect's performance on the field sobriety tasks.

The Suspect was not asked to perform field sobriety tasks. The Suspect couldn't perform field sobriety tasks due to $$ injury and/or $$ intoxication.

*26

Texas Department of Public Safety THP&;I TX13500FOK005 (150) IIHIIIIIIIIIIIIIIIIIIII

Date: July 13, 2013 12:57 am DLR Violator: LAMPKIN, ESAW Res Add: Race/Sex: 6M Health 504 DOB 06/05/1968 Veh LPTX-AR15395 Make: DODG Passengers: $◻$ Year: 1998 HazMat Plac: Type: PICKUP TRUCK Const: Zone: $◻$ Route 0020 Workers Present: $◻$ MilePost: 583 Location: IH-0020 IN GREGG CO. (580-596) Aleged Speed Limit Accident: $◻$ Radar Cal. Other Cond: ViOLATIONS

1. DWI-3RD/SUBSEQUENT OFFENSE

You are hereby notified to appear before: Judge: DISTRICT COURT IN GREGG CO. Court: DISTRICT Pct &; Place: Phone:

Ein or before:

Issued by: 12765 - B DEAN Reason: 1 District: B Area 06 I hereby promise to appear at the time and place designated in this notice: SIGNATURE

THPS# TX13500FOK005 Date: July 13, 2013 12:57 am Judge:DISTRICT COURT IN GREGG CO. Court:DISTRICT Pct &; Place: Phone: Date: Violator: LAMPKIN, ESAW Res Add: 1035 CASCADE S MESQUITE: TX 75149-0000 DLA TX - 14053633 DOB 06/05/1968

*27

The Suspect refused to perform field sobriety tasks. The Suspect stated that he/she had consumed alcohol prior to operating the vehicle. The Suspect stated that he/she had taken drugs or controlled substances prior to operating the vehicle.

The Suspect stated that he/she had consumed the following number and type of alcoholic beverages: 20,1600000000000 at the following location: $$ .

Results from the Portable Breath Test instrument indicate the Suspect's blood alcohol level exceeds 0.08 , the legal limit in the State of Texas.

Other reasons why I believe the Suspect is intoxicated are: $$

I also know that after the Suspect was placed under arrest for the offense of Driving While Intoxicated, $\frac{\text{N}}{}$ I (Affiant) / $$ a peace officer whose name is $$ $$ requested the Suspect provide a sample of his/her breath or blood for the purposes of determining alcohol and/or drug content. I know that the Suspect refused to provide a sample in violation of the Texas Implied Consent law. It is my belief that the Suspect refused to provide a sample in an attempt to hide evidence of his/her intoxication.

(CHECK ONLY ONE BOX)

Based upon my training and experience together with my observations of the Suspect during contact with him/her, I believe the Suspect is intoxicated and as a result, the Suspect did then and there commit the offense set forth in Paragraph III above.

I have knowledge that $$ is a peace officer licensed under the laws of the State of Texas. Based upon my knowledge of said peace officer's

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STATEMENT OF PERSON WHO WITHDREW BLOOD

Upon the request of Easier, Dian (officer/fooper/deputy) I have withdrawn a blood sample from Esso, London on the day of Soday, 2013 , at $10:4\mathrm{m}$ . for the purpose of subjecting such blood sample to analysis for alcohol and/or controlled substance concentration.

Other Contact Number

*29 training and experience, together with said peace officer's observations of the Suspect during contact with him/her, I believe the Suspect is intoxicated and as a result, the Suspect did then and there commit the offense set forth in Paragraph III above.

Any attachments to this Affidavit are deemed part of the Affidavit for purposes of supplementing the information contained herein.

Further, I request issuance of an order to appropriate third parties directing them to assist me or my agent in the execution of said warrant.

Affiant also requests authority from the Court to transport, remove, or take any property or evidence seized pursuant to the warrant requested herein to any location deemed necessary for purposes of safekeeping and completion of any investigation or proceedings related to the activities described in this Affidavit.

Wherefore, I request issuance of a search warrant authorizing me or my agent to search the person of the Suspect for the property described in Paragraph II (human blood) and seize the same as evidence that the Suspect committed the offense described in Paragraph III above.

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EOhibits (A) 12-12-2013

(CHECK ONLY ONE BOX)

Non-Traffic Stop Encounter with Suspect

No action was taken by me or other law enforcement officers to stop the Suspect's vehicle. The encounter with the Suspect occurred at $$ o'clock $$ m. on the $$ day of .20 at the following location within Gregg County, Texas:

The events leading up to the encounter with the Suspect and the reasons I believe the Suspect was operating a motor vehicle are: $$ $$ $$ $$

Traffic Stop on Vehicle Operated by Suspect

A stop was conducted on a motor vehicle driven or operated by the Suspect. The name of the officer who stopped the motor vehicle is D. o. Toe (reizing The stop was made at approximately 16.370 clock 5 m . on the 12 day of 2012 . 2012. The stop took place in Gregg County. Texas at the following location: EH 20 EO 5010 that

The stop was made for these reasons and under the following circumstances: $$ E. o.th. to yield cirt of 1000 and subject to 1 toching the in the coordinate:

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(CHECK ONLY ONE BOX)

Non-Traffic Stop Encounter with Suspect

No action was taken by me or other law enforcement officers to stop the Suspect's vehicle. The encounter with the Suspect occurred at $$ o'clock $$ m. on the $$ day of . 20 $$ at the following location within Gregg County, Texas:

The events leading up to the encounter with the Suspect and the reasons I believe the Suspect was operating a motor vehicle are: $$ $$ $$ $$ $$

Traffic Stop on Vehicle Operated by Suspect

A stop was conducted on a motor vehicle driven or operated by the Suspect. The name of the officer who stopped the motor vehicle is Death, Too (scris) $$ The stop was made at approximately 15.70 "clock $T$ .m. on the 12 day of $$ 2015. The stop took place in Gregg County. Texas at the following location: TH 20 EW 5in/1m 8.4

The stop was made for these reasons and under the following circumstances: $$ $S$ related to initial cight of vion and subject was $$ $$