329th Judicial District Court Criminal Division Judge Randy Clapp Wharton, Texas Case No 16263 STATE OF TEXAS

, Plaintiff, v. SHIRLEY PIGOTT, Defendant. _________________________/ May 27, 2008 I. MOTION TO COMPEL PRODUCTION OF EVIDENCE: DEFENDANT Shirley Pigott moves this Honorable Court to enter an ORDER FOR PRODUCTION OF EVIDENCE of a valid warrant authorizing the search of my private financial information held in the custody of Toyota Financial Services by the office of the District Attorney of the County of Wharton, Texas, on or about October 6, 2007. II. I PRAY THIS BE GRANTED, BECAUSE, a. The privacy of the financial records of DEFENDANT Shirley Pigott are protected by the Fourth Amendment of the United States Constitution,1 and b. In the absence of a valid warrant issued by the judiciary, communication with Toyota Financial Services for the purpose of determining the amount of the remaining loan toward the purchase of the 2005 Toyota Prius was unlawful,2 and c. This Honorable Court is under the jurisdiction of the laws and constitution of the United States, and the laws and constitution of the State of Texas, and d. This Honorable Court operates under the Rule of Law.
1

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched or seized.
2

We have recognized that the principal object of the Fourth Amendment is the protection of privacy rather than property, and have increasingly discarded fictional and procedural barriers

rested on property concepts. See Jones v. United States, 362 U.S. 257, 266 ; Silverman v. United States, 365 U.S. 505, 511 . 329th Judicial District Court Criminal Division Judge Randy Clapp Wharton, Texas Case No 16263 STATE OF TEXAS, Plaintiff, v. SHIRLEY PIGOTT, Defendant. _________________________/ May 27, 2008 I. MOTION TO ENTER INTO EVIDENCE A. A True and Correct Copy of the CD (video) of the events surrounding the arrest of Defendant Shirley Pigott by Officer Alfred Ochoa on the evening of September 29, 2007 and early morning of September 30, 2007. The video was made in the course of the officer's employment duties at the Texas Department of Public Safety. B. A True and Correct unaltered Copy of the work schedule of Officer Alfred Ochoa for the month of September, 2007, in the course of his employment by the Texas Department of Public Safety, as stood on September 1st, and at weekly intervals thereafter, and after any change. C. A True and Correct unaltered Copy of the work schedule of Officer Daniel Terronez for the month of September, 2007, in the course of his employment by the Texas Department of Public Safety, as stood on September 1st, and at weekly intervals thereafter, and after any change. D. A True and Correct unaltered Copy of the photographs made in the offices of Dexter Eaves and David Benning Smith of the cell phone of the Defendant Shirley Pigott showing the schedule of several uncompleted phone calls made to her home on the evening of September 29, 2007, demonstrating that, at the time the phone calls were attempted, she was not within range of service. E. A True and Correct Inventory of the contents of Defendant's car on the evening of September 29, 2007, at the time of her arrest, with specific note as to what was alleged to have been contraband. F. An affidavit by Alfred Ochoa stating at what time on September 29, 2007, he knew the identification of the defendant and at what time he knew the defendant was a physician.

G. An affidavit by Alfred Ochoa stating at what time he knew, on September 29, 2007, the officer responding to his call for backup would be Daniel Terronez. H. An affidavit by Alfred Ochoa describing how he contacted Officer Terronez on September 29, 2007, what was said by both parties, when contact was first attempted, when it was finally made, and how long it took Officer Terronez to arrive on the scene after contact was made. I. An affidavit by Daniel Terronez stating at what time contact was made with him by Officer Ochoa, how contact was I. MOTION TO COMPEL PRODUCTION OF EVIDENCE: DEFENDANT Shirley Pigott moves this Honorable Court to enter an ORDER FOR PRODUCTION OF EVIDENCE of a valid warrant authorizing the search of my private financial information held in the custody of Toyota Financial Services by the office of the District Attorney of the County of Wharton, Texas, on or about October 6, 2007. II. I PRAY THIS BE GRANTED, BECAUSE, a. The privacy of the financial records of DEFENDANT Shirley Pigott are protected by the Fourth Amendment of the United States Constitution, b. In the absence of a valid warrant issued by the judiciary, communication with Toyota Financial Services for the purpose of determining the amount of the remaining loan toward the purchase of the 2005 Toyota Prius was unlawful,2 and c. This Honorable Court is under the jurisdiction of the laws and constitution of the United States, and the laws and constitution of the State of Texas, and d. This Honorable Court operates under the Rule of Law.
1

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched or seized.
2

We have recognized that the principal object of the Fourth Amendment is the protection of privacy rather than property, and have increasingly discarded fictional and procedural barriers rested on property concepts. See Jones v. United States, 362 U.S. 257, 266 ; Silverman v. United States, 365 U.S. 505, 511 .

Sign up to vote on this title
UsefulNot useful