NO. 16CR0219

STATE OF TEXAS	§	IN THE DISTRICT COURT	
	§		
vs.	§	10th JUDICIAL DISTRICT	
	§		
ROBERT WESLEY FAIRCLOTH	§
§	GALVESTON COUNTY, TEXAS	

MOTION TO SUPPRESS

TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Robert Wesley Faircloth, Defendant, and files this Motion to Suppress and shows the following:
1.	Defendant has been charged with the offense of Possession of Controlled Substances with .
	2.	The actions of the 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.	Daryle Walker was arrested without lawful warrant, probable cause or other lawful authority in violation of the rights of Daryle Walker 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 Daryle Walker were obtained in violation of Article 38.22 of the Texas Code of Criminal Procedure and in violation of the rights of Daryle Walker 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 wire, oral, or electronic communications intercepted in connection with this case were seized without lawful warrant, probable cause or other lawful authority in violation of state and federal law.  [*_________*]
	6.	Any tangible evidence seized in connection with this case, including but not limited to [*_________*], was seized without warrant, probable cause or other lawful authority in violation of the rights of Daryle Walker 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.
	7.	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 detention and arrest of Daryle Walker in this case or in connection with the investigation of this case, including but not limited to [*_________*], and any testimony by the [*_________*] or any other law enforcement officers or others concerning such evidence.
	b.	The arrest of Daryle Walker at the time and place in question and any and all evidence which relates to the arrest, and any testimony by the [*_________*] or any other law enforcement officers or others concerning any action of Daryle Walker while in detention or under arrest in connection with this case.
	c.	All written and oral statements made by Daryle Walker to any law enforcement officers or others in connection with this case, and any testimony by the [*_________*] or any other law enforcement officers or others concerning any such statements.
	d.	All wire, oral, or electronic communications intercepted in connection with this case and any and all evidence derived from said communications.
	e.	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,

Criss Law Office
PO Box 17046
Galveston, Texas 77552
409 771 4069
409 7631508

By:	
Susan Criss
State Bar No. 06630475
judgecriss@aol.com
Attorney for Daryle Walker

CERTIFICATE OF SERVICE

This is to certify that on August 21, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, McLennan County  County, [*_________*], by certified mail, return receipt requested.

	
Susan Criss

ORDER FOR A SETTING
On _____________________________, 2015, the Defendant filed a Motion to Suppress.  The Court finds that the party is entitled to a hearing on this matter, and it is THEREFORE ORDERED that a hearing on this motion is set for ________________, at ______________.
Signed on _______________________________.

JUDGE PRESIDING

NO. 2015-2050-2 

STATE OF TEXAS	§	IN THE DISTRICT COURT	
	§		
vs.	§	[*_________*] JUDICIAL DISTRICT	
	§		
DARYLE WALKER	§
§	MCLENNAN COUNTY COUNTY, TEXAS	

O R D E R

On 			, 2015, came on to be considered Daryle Walker's Motion to Suppress, and said motion is hereby
(Granted) (Denied)
	
JUDGE PRESIDING