Dear Editor,

 

Here we go again.  Former Judge Files Motion to Suppress-Cites Illegal Act by 87th District Judge Deborah Evans.

 

First, let us connect the dots and see if we can understand what happened.

  1. Freestone County Officers of the Sheriff’s office have knowledge concerning possible sale of narcotics from the defendant’s home and they decide to establish surveillance.
  2. During this surveillance the officers observed three vehicles driving up to the defendant’s residence and then they left. One of the vehicles was stopped and searched and it was discovered to contain approximately one gram of methamphetamine.  The person in the automobile told the officers that he had purchased the drug from the defendant at his place of residence.  An Affidavit concerning this part of the investigation was filed.

 

It is important to understand that this evidence was obtained prior to the request for and obtaining of a Search Warrant to Search the Defendant’s residence.   It is therefore a separate happening.

 

  1. The Affadavit was taken to the magistrate and it was executed properly.
  2. The Sheriff Department officers then went to the Defendant’s residence, searched it then arrested the Defendant on several charges.

 

Reading directly from the Article published in Vol. 19 No. 44, Wednesday October 28, 2020 remarks are as follows:

 

“Without a valid Search Warrant, the seizure of the evidence violated defendant’s constitutional rights under the Fourth and Fourteenth Amendments to the United States Constitution, Art. 1, Section 9, of the Texas Constitution, and Texas Code Crim. Pro. Art. 38.23,” reads the motion.

 

Attorney Burkeen makes the claim that all evidence, all photographs, all testimony about evidence or photographs, and all resulting tests or procedures should be thrown out because they were illegally seized from the residence of his client, 44 year old Joseph Thomas Snider.  This includes any evidence “discovered by the Prosecution or the officers that resulted from information gained through the illegal search and seizure.”

 

Here is the problem, or shall I say, problems that I have concerning this matter at this time:

 

  1. Twenty Three prior Search Warrants signed by Judge Evans after her son Brian became County Attorney. Twenty Three Search Warrants and no objections brought up?
  2. Since the testimony (evidence) of the person in the vehicle who was stopped after leaving the Defendant’s residence was obtained prior to the execution of the Search Warrant on the residence, it (the evidence, including statements made to officers) should not be Suppressable by the Motion as so filed.
  3. Even if Motion to Suppress the evidence obtained by the officers under the Search Warrant were granted, there would still stand, the evidence from the traffic stop and the informant and that is pretty strong in itself. Maybe it could even be defined as a Warrant to Search.

 

Terry Lancaster

Teague, Texas