State v. Mikenzie Renee Rodriguez ( 2013 )


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  •                                          NO.CR22-398
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    STATE OF TEXAS                                  § IN THE DISTRICT COltiNr^ *» 2-'
    vs.                                            §§ 35th JUDICIAL DISTRESS  ^JA*^;
    Cler^UictCourcBrow^X^
    MIKENZIE RENEE RODRIGUEZ                       §     BROWN COUIgTY^
    MOTION TO SUPPRESS AND REQUEST FOR HEARING
    TO THE HONORABLE JUDGE OF SAID COURT:
    Now comes Mikenzie Renee Rodriguez, Defendant, and files this Motion to Suppress
    and shows the following:
    1.      Defendant has been charged with the offense of possession of a controlled
    substance.
    2.      The actions of the Howard-Payne University Police Department (Campus Police)
    and the City of Brownwood PoliceDepartment 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.
    3.      Mikenzie Renee Rodriguez's property and residence (domicile) were searched
    and she was arrested without lawful warrant, probable cause or other lawful authority in
    violation of the rights of Mikenzie Renee Rodriguez 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.
    4.      Any statements obtained from Mikenzie Renee Rodriguez were obtained in
    violation of Article 38.22 of the Texas Code of Criminal Procedure and in violation of the rights
    of Mikenzie Renee Rodriguez 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 tangible evidence seized in connection with this case, including but not
    limited to two (2) tablets of alleged MDMA or Ecstacy (one white and one blue tablet), one (1)
    small plastic bag that contains alleged marijuana, one (1) sock, one (1) glass or ceramic smoking
    pipe, and one (1) match box, was seized without warrant, probable cause or other lawful
    authority in violation of the rights of Mikenzie Renee Rodriguez 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.     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 search, detention and arrest of Mikenzie Renee Rodriguez, her
    property or herresidence (domicile) in this case or in connection with the investigation of
    this case, including but not limited to two (2) tablets of alleged MDMA or Ecstacy (one
    white and one blue tablet), one (1) small plastic bag that contains alleged marijuana, one
    (1) sock, one (1) glass or ceramic smoking pipe, and one (1) match box, and any
    testimony by the Howard-Payne University Police Department (Campus Police) and the
    City of Brownwood Police Department or any other law enforcement officers or others
    concerning such evidence.
    b.     The arrest of Mikenzie Renee Rodriguez at the time and place in question
    and any and all evidence which relates to the arrest, and any testimony by the
    Howard-Payne University Police Department (Campus Police) and the City of
    Brownwood Police Department or any other law enforcement officers or others
    concerning any action of Mikenzie Renee Rodriguez while in detention or under arrest in
    connection with this case.
    c.      All written and oral statements made by Mikenzie Renee Rodriguez to any
    law enforcement officers or others in connection with this case, and any testimony by the
    Howard-Payne University Police Department (Campus Police) and the City of
    Brownwood POlice Department or any other law enforcement officers or others
    concerning any such statements.
    d.      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 this cause, and for such other and further relief in connection therewith
    that is proper.
    Respectfully submitted,
    F
    State Bar jNo. 2405005
    Matthew G.\Wright
    State Bar No\2404995>
    Attorney for MTkerrzle Renee Rodriguez
    315 North 2nd Street
    Rosebud, Texas 76570
    Tel: (469)-556-4884
    Fax:(817)887-4676
    CERTIFICATE OF SERVICE
    This is to certify that on June 24, 2013, a true and correct copy of the above and
    foregoing document was served on the District Attorney, Brown County, City of Brownwood,
    Texas, in person.
    Sharon Diaz
    NO. CR22-398
    THE STATE OF TEXAS                       §        IN THE DISTRICT COURT
    §
    VS.                                      §        OF BROWN COUNTY, TEXAS
    §
    MIKENZIE RENEE RODRIGUEZ                 §        35™ JUDICIAL DISTRICT
    ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS
    On the 26th day of August, 2013, a hearing was held on the Defendant's Motion to
    Suppress and the Court took the matter under advisement. After due consideration, the Court
    is of the opinion thatthe Motion should beGRANTED and it is so ORDERED.
    Signed on this the   30 day of August, 2013.
    step:
    Judgei
    file:
    At avai o'clock                P_m
    cc:    Micheal Murray, District Attorney
    Sharon Diaz, Attorney for Defendant                             AUG 3 0 2013
    Matthew Wright, Attorney for Defendant
    ClerrT)istrict Court Brown Co. TX
    By                      QUO        Deputy
    

Document Info

Docket Number: 11-13-00277-CR

Filed Date: 8/30/2013

Precedential Status: Precedential

Modified Date: 10/16/2015