Molinar, Marques

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Q.O\§ v %L§°"\ ,PW\ SMQQ~N%_@ copvs() of /1§2 \ FéHP]`oNe/; OBJe¢rio/u$ "l_`O '\"HE STAQS ReSPo/~cse #F.`mmas op M¢T ,AM> ca~o/w$¢‘¢/~/$_ mg rLélw W/\[_`oLL_ was /h,,s_o Je/~/T /`~ J'ro 'E/WBAE/f fucyj_ on omaqu or §@§L_m%_:t 1. amf » § 1 mm §e~//~@ ms A22 ,'~ mal 10 M»//.r_~__o_\e_v;_K._o_z_f_e@___LM.hbook bmw CWALN<¢ f§L\?LMNeg_(g/;S@& an ULMS\MMM »D@c\e£&‘i@w W'\M. ¢€al;l"\ clowmgn‘f'. _ Si(`¢u§ap ‘ \5' A~Q»v(; c>£\ v L~`.`Q/W\"_(~/___élc>\b"_ ‘Res?eer€»_u_\>{ 8\_13~»11‘¥¢1>/. ?e:t`c\'_`\o»_ar_€l\,j§e*_ _co ' 32 \\.Lo \=w\` 33»4\/- " JQ;LS.\WQ.N` 1`<0¢1§3 fPMa§l Q:_°S`Q` ._%;_GAMqum;_&oxb;_AzjjO;S#A f , \mz# <§K,SU|Q~-<>;L ` _MO._QQ\S » L'\;’>:\_,_O'Y>$'A \'$'\ " §131’(`_\_§1’ C,§ou~(-\’ ?Ro / § €, » ' l ` 0 _F - ' \\/l£\\QGL\/x% D.. `M'.o \_"¢_N A& 7 ' \,v~\g\o@c,§é_§_wmi :\:QL¢LSW \]nkm_m£;l oz 1 " ,' T_ADEY~ ?AC:»€ _AT_N§€>L_.._ '__l' _SL. *mzm.o£'_e\_x>m/\ az \,_Au \¢_\\ SuDPom' 06 Mnc12~__:¢.1¢>‘1..._2¢ C_’). S_e_o_\c¢¥\ \_'/$_o,_(__dea, \ '~{3& m;_$_. \51~\ (m‘/~z? ; ' , ' ` ' _ \'? , _lo_'@€@mq,sx'_\:oe_'x>€s\~\ 'TO S_\»\§?QQESS_E>/M_€élcé’ . . _.33 % ?@U:UQ.)>\€&__OBU'<:¢T:Q»`\S ’t’o ‘mg s'r/#' ne m Au~l vance ccrort\" on l><\~N ome& Qe?oR'r A'\' T\&AT._, Consequently, traveling to an undisclosed location not named (stated in 5.d) of the search warrant affidavit could have been anywhere, outside the court's jurisdiction. Therefore the search warrant very well could cause the magistrate to exercise power it is not authorized to perform. A fiduciary charged with the duty of a full disclosure concealment of material facts needed to verify the underlining grounds used for probable cause is extrinsic fraud (see) l\/lONTGOrleRYV. KENNEDY, 6695. W. 20309 (1984). Concea|ment of material facts`€sdto cover up fraud and prevent the petitioner from presenting at trial his legal right to affirmatively assert an alibi defense (see) WlLL\Alvls V. FLoRIDA 399 U.S. 780 (1970). _3_ n l ?¢G.zoFi issues oF FACT ' The fact issues herein are; the search warrant does M provide a U_E_L Tnle! oR LocATloN of the alleged controlled purchase or DoEs NoT PRoleE ANY wAY To coNFlRiv\ THE suBsTANcE stated submitted to the D.P.S. Laboratory due to the fact n that the court would at least need the DATE ANDT|ME lT wAs suBlvuTTED (or) the g NulleER of the inventory as stated in 5.d of the search warrant affidavit. Clearly the affiant constructively took time to carefully cover up the $300.00 from the Lubbock Police fund which is why HE FALSLY CREATED THE FAKE CONTROLLED PURCHASE. The courts have general power to hear and determine issues of facts and in doing so decide which evidence is true and which is false. ` A search warrant serves two functions:' (_FBS_T) it gives the officer jurisdiction to enter, search, and seize property; (sEcoNDLY) it satisfies the due process requirement by providing notice to the defendant of what probable cause gave birth to the right to enter and search. Thus the probable cause.cannot be based on false information. (See) FRANKS V. DELAwARE 438 U.S. 154 (1978); CATEs V. STATE, 120 S.W. 3D 359 (2003). ' There is no place, date, nor time to establish the existence ofthe alleged controlled purchase, clearly to cover-up fraud on the court the prosecutor waived the fraudulent evidence said to be at the D.P.S. Laboratory when real evidence was gained as the fruit of.the illegal search, Probable cause for the search warrant cannot be justified on what the search produces (see) BYARs V. U.S. 28, 29, S. CT. 248. 71 L.ED. 520. v The Legality of the search may not be determined from the fruits alone without proof of probable cause. _ The underlining grounds the affiant used for probable cause which resulted from the described undercover operation named in the search warrant. Thus if it _ were not for the said fruit of the transaction no probable cause would exist. The only way to ascertain the truth of the allegation made by the affiant would be to offer proof showing the fruit of the transaction. Such which cannot be confirmed do to no tracking number. The affiant obviously did not want anyone to track his course of action or attempt to verify the said substance allegedly submitted to the Department of Public Safety Laboratory, when he did not §§g§§the lo.cation, date, or time of the sequence of events in the search warrant. Therefore it is no way to ascertain the truth of the investigation without producing_the proof which justifies the 3300.00 of money from the Lubbock Police Department fund used in the operation. Consequently the non existence of such proof explains why the prosecutor waived the states prosecution of the result of the described undercover operation; excluding the proof of probable cause which was a defect that rendered the search-warrant void. The prosecutor cannot waive its obligation to meet the constitutional requirement that; no warrant shall issue but upon Probable Cause.... United States Constitution Amendment 4TH. The 4th Amendment provides that, ”the right of the people to be secured in their persons, houses, papers, and effects against unreasonable searches and ‘seizures." Require the evidence gathered as probable cause to be produced and offered to justify the issuance of the search warrant a_nd the prosecutor cannot waive the states requirement to meet it by waiving the evidence. The exclusion of probable cause clearly means the search warrant was no ' longer justified and all evidence obtained as a result, were fruit of a poisonous tree, therefore the petitioner dog died for unjustified reasons; mob violence at the hands of a tyrant whom violates the U.S. Constitutional Laws. Exclusion of Probable cause also required the exclusion of the evidence gained as the result of the search warrant as the ”fruits" of the unlawful action. WoNG SuN V. UNITED STATEs, 371 U.S. 471 (1963), AGulLAR V. TExAs, 378 U.S. 108 (1964). The harmful effect of improperly admitted evidence which is obtained by illegal police practices is nc$\cu_red when a defendant pleads guilty. (See) SHERLOCK v. sTATE, 632 s.w. 20 604 (193`2). §' giants The exclusion and concealment of all the facts needed to verify probable cause can only be perceived as a malicious attempt to cover up'fraud in efforts to manipulate the statutory requirements by fraudulently alleging to have gained incriminating evidence thru a controlled purchase that cannot be confirmed. The exclusionary rule prohibits the prosecutor from using the fruit of an unlawful invasion as proof of probable cause, because search warrant which was unsupported by probable cause violates the Fourth Amendment of the United States Constitution; AGulLAR V. TExAs 378 U.S. 108 (1964). The constitutional question is upon the magistrate’s unchecked discretion, The affiant is bound by the allegations it sets out in the search warra nt|and must provide sufficient facts needed to prove the allegations are based on real events which can be established and confirmed within the four corners of the which has caused the life of a pet and the unlawful invasion of privacy. affidavit. Which herein cannot be done, and a hearing is necessary to confirm the truthfulness of the affidavit. ' _ €F'\WW\T The search warrant merely alleges an action with phases; without setting out dates, times or places needed to confirm the allegations. Thus the allegations don not correspond with nor can they be incorporated with an _other offense _ we 10 No cause oil 000¥€\'=\=¥ Oi.i~rrle search wm tmi oil AF \bAv\i‘Al-so m No‘romi_ sem_ loi~i report. theresa me C..e_¢\Rcu warrant oil k¢eoa\n+ Tex. ?9.~ peat mont aova.“rr\€ nuisance o\¢ n r\onz`\m. seA\. Re\\\o as mg vh F\bm,\j pXF€[/t`\\l€ \/-‘T.G.A.. G»ov. Cob\=. 3\&.0\\( .veNAe.\.e v.`stm_€ us s.w.sa vq-i- c,p.¢.»¢reA,aoo»iwi.;sas°n>r§]l=u@m€& Ro\ias 'F v my mth \»\l\?i’€M-_E\l€\i~( \¢AcTTb simon ?RoBAoL€ pause is s\Mv\:( Nvfme££. T e et\tloner woul urt er s ow that officers of the Lubbock Police department illegally detained, arrested, and searched defendant in Lubbock Texas, in the course of a search pursuant to warrant on or about the 11th day of December 20(12. The officers arrested petitioner at 2802 1St place. The execution of the search warrant did not take-place within the three days as required by C.C.P.Art.18-.07(a)(2).The defendant l\/larques l\/lo'|inar filed a pretrial motion to suppress alleging the search warrant was executed in an untimely matter. When a search warrant is not executed within the time period provided for by Tex. Code of Crim. Proc. Arts. 18.06 And 18.07 it becomes ”Functus Officio" and any search whose legality depends on the warrant is unauthorized,' failing to establish probable cause for issuance of search wa rrant. '\70\€ 5 op% `lo» v 9 . The motion to suppress should have been ruled and granted under Tex.'Code of Crim. Ann. Art. 18.07 Vernon 1977. The time allowed for the execution of a search warrant shal|'be three whole days exclusive of the day of its issuance and the day of its execution but under Texas Code Crim. Prox. Ann. Art. 18.06 Vernon 1977. A search warrant shall be executed within a shorter period if,so directed in the warrant by the magistrate He the magistrate shortened the time for execution of the search warrant by omitting the statutory language exclusive the day of its issuance... l\/loreover Texas Law put no time limit on an arrest warrant. Chapter 18 times limitation apply only to the search warrant¢§£it was shorter then what the law provided fora search warrant in the case in hand, petitioner search warrant signed and issued by the magistrate at 1112 p.m. on December 7,2012. The defendant claimed that the search warrant should have been executed on the 7"‘, 8th, 9th, or 10th day of December. The defendant claims by saying nothing in the warrant about excluding the day of the issuance. Defe'ndant argues that the search warrant was executed at a point in time that was longer than is authorized by statue and therefore pursuant to Tex. Code of Crim. Ann. Art. 38.23 Vernon 1974 his motion to suppress should have been granted (see) WlLLlAIvlS V. STATE 965 l S.W. ZD 506 j1998). The appellant would have us hold that, by saying nothing in the warrant about excluding the day of the issuance. The magistrate directed a shorter period than article 18.07 allows. He relies on dicta in BLACKMON V. STATEl 786 S.W. 20, 487, 469 (TEx. APP. - HousToN [1sT DlsT.] 1990, PET. REF o), which said of a warrant with identical _language: Here the magistrate shorted the'time'&for execution of both the search and arrest warrant by omitting the statutory - language ”exclusive of the date of issuance"` [T]he magistrate put his own time limit on this warrant and it was shorter then what the law provides for search warrants. The appellant's argument and the Blackmon Dicta are based on the principal of the Legal l\/|axim ”Expressio Unius Est Exlusio alterius" (the expression of one thing is the exclusive of another). The appellant says that since the magistrate expressly said that the day of execution was in the period of time, he must have meant that the day of issuance was not in the period because it was not '_]` t“z@~is expressed within the 4 corners of the affidavit; there the magistrate put his own time limit sh ` `_ ' l xecution for the search warrant. The warrant shows that it " "'»E ` q warrant therefore expired. ExPARTEJoE DAY 125 TEx. Canl. 8.66 S.W. 20 695 (1933). When neither an affidavit nor a jurat bears any date they are fatally defective and cannot furnish any proper basis for an arrest and certainly none for a writ of Habeas Corpus. RoBERTo HERED\A V. STATE 468 S.W. 20 833 (1971), the affidavit was also insufficient because the jurat was undated. The inadequacy of the affidavit to support the S.W. rendered the evidence obtained.through the search illegal and therefore inadmissible. l\/lASSEY, 933 S.W. 20 AT 148. Whether officers ashburns affidavit articulated facts which establish probable cause. ART 39.08 [744][827][807] authenticating the deposition---the official seal and signature of the officer taking the deposition shall be attached to the certificates authenticating the acts 1965, 59th Lea. Vol. 2d. 317, Ch. 722, EFF. Jan.» 1, 1961. Wherefore the petitioner PRAYS the constitutional relief be granted and hearing pursuant to Franks V. Delaware be set to confront Officer Wa|ter Scott (# 18644) on the truthfulness of statements in the affidavit. Respectfu|ly Submitteg AM/ma/ W/‘ ¢f/a 7'5%1~nvi~i§ 'ro Eaer.@~»lw 00 1111 . , :§j:g€&jowl \/ §’(/>€f€/ 1153 S\i,\l 319 @°Ll 0ng AFF\DA\:\*\“ leak Sth 111504£(_ aan FM\L_€,D T0 8'\'/><(4/1\,1\'1@110110_1'§0£10\1(_@d1u)lu f}v\_l>_o£w\ed$at$i§__ " 519 immk 0_0¥_1?@818101001\15£ “\’vi€¢&€$¥ KEMDEAM 501 ral\_wamd'_ 11\1111\._0110_\811&00\101\0\41 of Vé\hd§ 01 \\\@bkb_§@mr¢lr\ K!L\!€r516i,€/ CRROK. wu%¥@ Unsworn Declaration (Texas Civi/ Practice and Remedies Code, Section 132.001) My name is: _UM¢L€$ b V\l(e MOL\\'JAK First Middla Las! mydaieofbirihis: Cl /‘95 / 411 ,and .‘.1onth Day `/ear my address is: LQ\O ‘\:l`/\ zzuiqi 3&§{§($\00(`0 El¢a§ 72€:{£5 and U\i~ii~.\"eo\ §\0»11/§ i& Aii\€li€¢i Country ` li (/f you are incarcerated you must also include the following infonnation.) . My inmate identifying number, if any, is: K\ \<0(153~‘~\% lam presently incarcerated in: l ji\li_>$ C§j S"?b`f€ god | (/[/\ii+' Correc!ions Unit Nama m3%i,y_v__.i _4g\}§):w_':yrojuj.:hayé?£ef)'/ck, Monims 2012, to ce ` fy which witné'§s"mykhand`." . , \\ \k\` ‘>/ g (\>\u_. q\é\r&]?f`\'\/‘/`~----/ . '\\ , 1 -, . , . l ¢. ' ' JUDGEPRESIDING - . <_ ‘~ * (. ' "/ >* LUBBOCK coUNTY, TEXAS »`-/" ' z l /'4 ~ pulse il 01 A- u ' ' ~\ ' Unsworn Dec|aration (Texas Civi/ Practice and Remedies Code, Section 132.001) My name is: W\(M'G.tk€§ b b\l<€/ l\/\GL lNJt i(" Fi`rsr .'.iidd/e _ Last my date of birth is: 0 l / 05 / <69~ , and ,‘.ionth Day Year my address islth Fl‘/\ 33le :lll\(/l<$to(<) TQ\LA§ 7Lpng B ` SlreetAdd/ess r C/`ty _ Slare Zip Code and unfit SriT¢s lit ilii\uiot Country (If you are incarcerated you must also include the following inlarmetion.) lV|y inmate identifying number. if any, is: OlQ 0\$9~"\8 l am presently incarcerated in: L"*"D 503 S‘W\Te FML t/\Nlj\' Corrections Un_it Name in:fiac\ dick few 7(0Lls@ . City ' County State Zip Code l declare under penalty of perjury that all lnformatlon ln the attached document titled, S€Ut(C/ll\ \/\lll»((li\nl . is true and correct. Name of Dacumenr SFQned in gac/k County, '\/ e/ V\Ft$ ' Counly SIate onthisdate: 05 /li / \§ Month l Day Year ` b- <)/\ iM im iVl`/\“l/‘”M Your Slgnahire l Pursuant to Texas Civi| Practice and Remedies Code Section 132.001. an unsworn declaration may be used in lieu cfa written sworn declaration. verification, certit'icatlon, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law. This provision does not apply to an oath of office or an oath required to be taken before a specined official other than a notary public. An unsworn declaration made under this section must be 1) in writing, 2) signed by the person making the declaration as true under penalty of perjury and 3) in substantially the form used above. 9 TexasLawHelp.org - Unsworn Dec/aration. August 2012 Page 1 of 1 ~lQ\. 5.`-’ 0 g iii di \A§" T " 1 AFFIDAVIT FOR SEARCH WARRANT THE STATE OF TEXAS COUNTY OF LUBBOCK The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath makes the following statements and accusations: l. THERE IS IN LUBBOCK COUNTY, TEXAS, A SUSPECTED PLACE AND PERSON DESCRIBED AND LOCATED AS FOLLOWS: 2802 1st Place, in Lubbock, Lubbock County, Texas. The residence is described as a ' single family residence, which is situated on the north side of the 2800 block of lst Place. The building is constructed of tan stucco, having a grey composite roof, and grey trim. The front door is white in color and faces south. The numerals “2802” are painted on the curbing adjacent to the driveway. There is a large blue and silver star painted on the center portion of the driveway to the residence. 2. THERE IS AT SAID SUSPECTED PLACE AND PREMISES PROPERTY CONCEALED AND KEPT IN VIOLATION OF THE LAWS OF THE STATE OF TEXAS AND DESCRIBED AS FOLLOWS: Methamphetamine, and any other controlled substances, packaging materials, scales, money,<>' and any other contraband and/or items consistent with or indicative of trafficking of controlled substances and/or items consistent with the manufacture of methamphetamine, the containers which may contain them, any written material or electronic devices, including computers, hard drives, _CD-ROM’s, tloppy discs, or any other magnetic or optical media that may contain records of illicit narcotics trafficking and also to include mobile devices and any device capable of communicating information about narcotic transactions 3. SAID SUSPECTED PLACE AND PREMISES ARE_IN CHARGE OF AND CONTROLLED BY EACH OF THE FOLLOWING: Marques Duke Molinar, a Hispanic Male, with a date of birth of 1-5-1982 and is described as being 5’ 10” tall and weighing approximately 180 pounds, and person or persons unknown to Affiant. 4. IT IS THE BELIEF OF THE AFFIANT, AND I~[E`, HEREBY CHARGES AND ACCUSES THAT: - Above described person or persons intentionally and knowingly keep, conceal, possess, and traffic methamphetamine, which is in violation of the laws of the State of Texas. 5. THE AFFIANT HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF THE FO_LLOWING FACTS: pay 1 vi 3 , i:z , . 11 ,. . . . 1 { . . . . ' 0 1 1 (a) vAff`iant is a Peace Officer under the laws of the State of Texas and is employed in good standing with the Lubbock Police Depaitment and assigned to the Special Operations Division' as a Narcotics Investigator. Aff`iant has been involved in numerous investigations involving the trafficking of controlled substances, and has been a commissioned law enforcement officer for over twenty-three years Aff`iant has worked with the Department of Public Safety, Lubbock Sheriff’ s Department, ATF, and the Drug Enforcement Administration on numerous narcotics related investigations (b) Affiant knows through his training and experience as a police officer, that methamphetamine traffickers commonly utilize written material or electronic devices, including computers, hard drives, CD~ROM’s, floppy discs, or any other magnetic or optical media to keep and store records of illicit narcotics trafficking and also to include mobile devices and any device capable of communicating information about narcotic transactions Aff'iant knows through his training and experience as a police officer, methamphetamine traffickers commonly maintain firearms to protect the controlled substances and their proceeds of narcotics sales ’ l /‘\` x,`. ,3_ _ \, t ,.`_. (c) Aff`iant has personal information that methamphetamine is being trafficked, and possessed at said location Aff`iant has personal information that Marques Duke Molinar resides at the said residence and is engaged daily 111 the trafficking of methamphetaminel . // - . v .,. (-d) A'ffiant_ is in contact with a confidential informant that has provided credible and reliable »' ' ' f ,, " information` in crimes investigated by the Lubbock Police Department. The confidential 3 informant has purchased methamphetamine from Marques Duke Molinar _111 the past and has conducted two controlled purchases for methamphetamine from this subject. The informant has advised this investigator that Marques Molinar does keep firearms at his residence and has displayed one of these weapons to the informant` in the past - Within thep";s;h';w theinfm'mant contacted Marques Duke Molinar by phone and arran§ed a p se for methamphetamine at the direction of this investigator. The informant was given three hundred dollars of Lubbo"ck Police funds, which were photocopied by this investigator. The informant was equipped with an audio recorder and transmitting device. /- us The informant was driven by Investigator Fletcher to a location predetermined by Marques 1551 333 l 1 13 v\ti _ Molinar. Investigator Lewis maintained constant surveillance of 2802 lst Place. Investigath 31 mg v 3 ” Lewis observed Marques Molinar leave 2802'1st Place and trave_l' 111 the- direction of the‘$ ` 3 ~ J~*_~H ' x predetermined location. llnvestigatd"" rfe;wis coordinated with additional investigators on the ‘~'», _ . survei ance team, insuring Marques Molinar was under constant visual observation Marques Molinar arrived at the location he determined without making any stops, entering any q _ § ' buildings or residences,- or making contact with any other persons Marques Moli_nar made l _ `,.' ' jj ' _ ' , q contact with the/informant The informant gave Marques Molinar the Lubbock Police _1 " 34 ~ “ ` » Fdepanment funds and Molinar gave the informant a baggie containing a crystal substance ` " ` The informant returned to the vehicle and gave the substance to lnve_stigator Fletcher. The 212 ry 'm'§"‘: g substance was given to m_e by Investigator F letcher at the Lubbock Police Narc`otics office.' '~§,. . 31 m§, iam .H,_..- 5 fig 31 4 J_ y 'Z: ;'»#,MJ v The substance did test positive for methamphetamine with a field test l_1~1 w: 1123 333 3 “ . ‘r §§ 1“"- 331/sas a result of the described undercover operation, Aff'iant has probable cause to believe that " rth fw "`Q@QM§N“J PMarques Duke Molinar possesses methamphetamine at his residence and has stored, or is in possession of the Lubbock Police Department hinds used 111 the operation _ . t\ \` `.\'_, . 4 _» 3 333 lL . . it v ;-"3‘ ' ` '. ,o .4 ‘.:' Marques Duke Molinar’s criminal history indicates charges for the following oH`enses: Possession of Marijuana (five occassions), Manufacturing or Delivery of a Controlled Substance, Possession of a Controlled Substance (five occassions), Evading Arrest or Detention, Driving While Intoxicated, Driving while License lnvalid, Unlawful Restraint, Tampering with Evidence, Assault Causing Bodily lnjury to a family Member (two occasions) (e) Afflant prays that a search warrant be issued for the aforementioned residence located at 2802 I‘t l:lace, in Lubbock, Lubbock County, Texas being occupied and~coritmlled by the . -- aforementioned person or persons and all persons entering the residence during the execution of the search warrant and to search the people so occupying and controlling said residence. (f) Affiant prays for forced entry into the aforementioned residence located at 2802 lst Place for _ reasons of officer safety and to prevent the loss or destruction of said evidence. lt has been my past experience that methamphetamine traffickers are frequently armed with firearms and other weapons to protect the methamphetamine It has also been my past experience that methamphetamine can be very easily destroyed in a residence such as the said location due to ‘ the easy access to sinks and bathrooms. It has also been my past experience that persons trafficking in methamphetamine have a contingency plan to destroy the evidence very quickly if they suspect police presence is imminent Marques Duke Molinar is believed to be in possession of a firearm, which creates a substantial risk to officers on scene and the public. Marques Duke Molinar has been charged with assault on two prior occasions creating a potential risk for officers ' 1 WHEREFORE, Affiant prays for issuance of a warrant that will authorize hi t earch sai g ' place and premises or said property and seize the same. , M%, goal ‘@g_lz\i¢¥}jz,g § .‘ _th _, /HA!< '\1) ita t,~`/A§ gtl_N@!f' am , .»1!/ . t \‘ .-<,,`M'/ g 1.1 j bna wit air --‘/‘Sr=r??':`f <++;~;walter_$cou jr § sWoRN To AND sUBscRIBED To BEFORE me by said Amam <;n this cite 7/” day of Mce’M¢-,'LAD, 2012. JUDGE PRESIDING, / LUBBOCK coUNTY, TEXAS 1 / ` -'\ . .) l l (' ` Unsworn Declaration 1'7'exas C/‘vil Practice and Remedies Code, Sect/'on 132.001) My name is: W\ll£t((,i t)&§ D\/\i< € MO LiNP(VBLH 6{/\(,1¢5120{`0 /1€»(&5 7@1'={53 _ ' StreetAddress _City 1 n State Zip Code and \/ti l"\cric/’<. Counlry / (/f you are incarcerated, you must also include the following ln/on'nation.) My inmate identifying number. if any, is: _@1{0\§9~\1@ l am presently incarcerated ln: LlND§CL\ 8’1(/‘\’('$ jWi 1/1~'1 J Correctlons Unit Name _ in; ’rr¢i 6 iit/14 Tean 'l(@LlSB . Cily ' County State Zip Code l declare under penalty of perjury that all lnformatlon in the attached document titled, . Sall»[(/`/\ \/\1 llv(\(l/\/l‘i D\VFiDA\/`| _1/ , is true and correct. l Namo of Document g eigned in rim/14 county, €>'\' FoQ D€S`tt,r~il>fi 101\1 ot¢ ’\'ti€ Q(>,i,ofl> OtJ AW£GL . is true and correct. I\_Iame of Document Signed in - S.jM A` County, l QX/‘f_$' . _ County State onthisdate: OS_ __l 13 /_LL Month Day Year V`%// Your”SigrLature Pursuant to Texas Civil Practice and Remedies Code Section 132.001, an unsworn declaration may be used in lieu of a written sworn declaration, venf cat1on cert1f cat1on oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law. This provision does not apply to an oath of office or an oath required to be taken before a specified official other than a notary public. An unsworn declaration made under this section must be 1) in writing, 2) signed by the person making the declaration as true under penalty of perjury and 3) in substantially the form used above. © TexasLawHelp.org - Unsworn Declaration, August 2012 &\ _ Page 1 of 1 k Cause No. 2013-437035 The State of Texas l ln the 137th District Vs. Court of Marques D. Molinar ' Lubbock Co. Texas l\/loTioN To SuPPR"Ess EvipENcE The petitioner Marques D. |\/|olinar in the above entitled and numbered cause moves this honorable court to suppress the following evidence pursuant to Art. 18.13 And 18.19 of the Texas Code of Criminai Procedure. 1. All tangible evidence seized by law enforcement officers or others in connection with the detention and arrest of the defendant in this case. 2. A|| written and oral statements made by the defendant to any law enforcement officers or others in connection with this cas'e. 3. Testimony of law enforcement officers or others concerning any action of the defendant while under'detention or arrest in connection with this case. ' 4. Testimony of law enforcement officers or other concerning the tangible evidence or statements to'which reference was made above. In support of this motion the defendant not petitioner will show this court the following: The detention and subsequent arrest of the petitioner was illegal and in violation of the Fourth, Firth and Fourteenth Amendments of the Constitution of the United States and Chapter 14 of the Texas Code of Criminai Procedure (see) FRANKS V. DELAwARE, 438 U.S. 154 (1978)§ Any- tangible evidence seized without lawful warrant probable cause or other lawful authority in violation of the petitioners rights under the Fourth and Fourteenth Amendment to the United States Constitution Art. |. Section 9 of the constitution of the State of Texas. And Chapter 14 and 38 of the Texas Code of Criminai Procedure. _ 1 7 i ? ’ ' ' `. YC`§‘Q 1 o§, g` Any statements obtained from defendant were obtained in violation of defendant's rights under the Fourth, Fifth, Sixth, And Fourteenth Amendments to the United States Constitution Art 1. Section9. 10. and 19 of th_e Constitution of the State of Texas and Chapter 14 and articles 38.22 and 38.23 of the Texas Code of Criminai Procedure. 1v. All evidence and testimonies-as the result of this arrest would be the 4 product of a violation of petitioners Rights under the Fourth, Fifth, Sixth and v Fourteenth Amendment to the United States Constitution Artic|e 1l Section 9.10 and 19 of the Constitution of the State of Texas and Chapter 14 and Articles 38.21, 38.22 and 38.23 of the Texas Code of Criminai Procedure. Wherefore, the petitioner prays this honorable court find the detention and subsequent arrest of petitioner where unlawful and that any and all evidence tangible and intangible oral or otherwise obtained as a result of said detention and arrest be suppressed and excluded from evidence in this case. Res ectfu|ly Submi Petitione iling Pro' Se . 9\3 _ _ n j etrarzt£a Unsworn Declaration 1' Texas Civil Practice and Remedies Code, Section 132. 001) My name is: Y`(\_O~('q V\~Q § b L/\iLii'i jutil§i)OfO 41_€7@1'§ 719“1§@ Street Address City State Zip Code andi/iit*ieii §il¥i‘i$ cf iitii\t,titl\ . Country (/f you are incarcerated, you must also include the following infon'nation.) My inmate identifying number, if any, is: © i \’\(`@§$ E\"\HQN("€/ . is true and correct. Name &f Document Signed in /\1,1A’C 1< County, _/1'€7§@§ Coun onthisdate: 'US/ 15 / 515 . Month Da y Year State tMO/wrr)ta /Mpél/\:W» Yo ur Slg?;ture Pursuant to Texas Civil Practice and Remedies Code Section 132.001. an unsworn declaration may be used in lieu of a written sworn declaration, verification certification, oath, or affidavit required by statute or required by a ru|e. order, or requirement adopted as provided by law. This provision does not apply to an oath of office or an oath required to be taken before a specified official other than a notary public. An unsworn declaration made under this section must be 1) in writing, 2) signed by the person making the declaration as true under penalty of perjury and 3) in substantially the form used above. o TexasLawHelp.org - Unsworn Declaration, August 2012 Page 1 of 1 41 . first No. ao\;i\- 131/,035»,¢1 s WR.,‘¢%;/ ;rq;z_@l `.ii~\»i:\i§@\&$“b M§LiNA°Q ` ' 1 - `;:si_:i“ fine \'S`isi‘-\MQ is;i'(_i:<;inrcour‘i: \/ ' .. 2 ‘ oF . _'Sii»it Oi‘ Tei\rs `. _ " l i'_\r\siio ci< Couni‘~l 'i/€)La$ V€i\\'ioi~ie(s#o$evilo kr§ i_;ii`t___§ifmc§_&¢s wise remote or trier run -uudusious ii LA\u ,' /iW inc l)cbt¢tlillttsis/ Co_\iri' of Qtei`r~r\mii ftmi§ r» »‘\’MAS»'/. 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