NO.CR22-398
FILE- ^
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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