STATE OF TEXAS IN THE COURT MOTION TO SUPPRESS EVIDENCE TO THE HONORABLE JUDGE OF SAID COURT: Now comes defendant TOUPPER(FIELD(MAT_Client Name)), by and through his undersigned counsel, and respectfully moves this Honorable Court to suppress all evidence seized as a result of the arrest of defendant and the search of defendant's person, home, papers, effects, vehicles and real property and outbuildings situated thereon, as well as all statements, either written or oral, made after such arrest. In support, defendant shows the following: I. The arrest and search of defendant and the seizure of items, papers and effects from him was effected without valid warrant, or probable cause, or reasonable suspicion, in violation of the Fourth and Fourteenth Amendments to the United States Constitution, Article I 9 of the Texas Constitution, Article 38.23 of the Texas Code of Criminal Procedure, and Chapter 14 of the Texas Code of Criminal Procedure. II. The search of his vehicle was illegal, since conducted without valid warrant, or probable cause, or reasonable suspicion, in violation of the Fourth and Fourteenth Amendments to the United States Constitution, Article I 9 of the Texas Constitution and Article 38.23 of the Texas Code of
Criminal Procedure. III. The search of defendant's home, real property and outbuildings situated thereon was illegal since it was conducted without valid warrant, probable cause, reasonable suspicion, or valid consent, in violation of the Fourth and Fourteenth Amendments to the United States Constitution, Article I 9 of the Texas Constitution, and Article 38.23 of the Texas Code of Criminal Procedure. IV. Any statements and acts allegedly made by the Accused in connection with this detention, search, and seizure, and any tangible or other evidence seized or acquired then, or at any later time as a result of said statements or acts, are the products of the illegal detention, arrest, and search and are therefore the direct result of illegal police procedures. WHEREFORE, PREMISES CONSIDERED, defendant respectfully moves this Honorable Court to set the matter for a pretrial hearing pursuant to article 28.01 of the Texas Code of Criminal Procedure, and, after hearing evidence, that the Court suppress all evidence seized as a result of the above described arrest and search and seizure, and any and all statements, either written or oral, made pursuant to or after the arrest of the defendant. Respectfully submitted:
JOHN J. RITENOUR, JR. State Bar No. 00794533 THE RITENOUR LAW FIRM, PC Milam Building, Suite 1716 115 E. Travis Street San Antonio, TX 78205 Ofc: (210) 222-0125 Fax: (210) 222-2467 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on this the day of, 2009 a copy of defendant's Motion To Suppress Evidence has been delivered to the District Attorney's Office, Cadena-Reeves Justice Center, 300 Dolorosa, San Antonio, Texas 78205 JOHN J. RITENOUR, JR.
STATE OF TEXAS IN THE COURT ORDER SETTING HEARING On this day came on to be considered defendant's Motion to Suppress Evidence, and said Motion is hereby: ORDERED, that this matter be set for a pretrial hearing on the day of, 2009, at o'clock. and it is FURTHER ORDERED, that the District Attorney, her representatives and witnesses, shall not elicit or give testimony respecting or alluding to, cross-examine respecting, mention, or refer to any of the above matters until a hearing has been held outside the presence of the jury at which time this Court will determine the admissibility of these matters. Signed on this the day of, 2009. JUDGE PRESIDING
STATE OF TEXAS IN THE COURT ORDER On this day came on to be considered defendant's Motion to Suppress Evidence, and said Motion is hereby: ( ) GRANTED ( ) DENIED Signed on this the day of, 2009. JUDGE PRESIDING