rere e
‘THE STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT FOR SEARCH WARRANT
‘The undersigned Affiant, being a peace officer under the laws of Texas and being duly sworn, on
‘ath makes the following statements and accusations:
My name is BOBBY WATKINS 6680_. | am a peace officer employed by the following law
enforcernent agency: Dallas Police Depariment . Uhave successfully
completed the State-mandated requirements to become a peace officer.
1. Thereisin____Dallas_County, Texas a suspected person (“suspect”) described as follows:
Name: NEAVE, VICTORIA
Race: . Hispanic Sex: Female DOB; 12/29/1980_ DI/ID: 01115375,
Height: 4°11 Weight: 114 __Ibs Hair color: BLACK
2. Suspect is presently in custody of a law enforcement agency here in__Oallas__ County,
namely the Dallas Police Department which will present the
suspect to execute the warrant requested herein.
3. The suspect has possession of and is concealing human blood, which constitutes evidence that
the suspect committed the offense described in paragraph 4 below.
4. Onthe 6 _ day of June 20 47_, at or about 1428 ___ o'clock bam. /
Clam, the suspect did then and there, operate a motor vehicle or watercraft in a
public place in Dalles County, Texas while intoxicated by not having the normal
tuse of mental or physical faculties by reason of the introduction of alcohol, a controlled
substance, a drug, a dangerous drug, a combination of two or more of those substances, or any
other substance into the suspect's body.
5. ‘The suspect was operating a motor vehicle.or watercraft in a public place in Dallas
‘County, Texas on the above date and time based on the following facts:
11 tobserved the suspect doing so.
[The suspect admitted to AO CORDOVA 9309 that he/she was operating a motor
vehicle ina public place in Dallas County, Texas just 16 minutes
prior to arrival at 11:57 clock = GJ p.m. / Jam.
1 Awitness, (name)
‘conveyed information to that he/she witnessed the suspect operating
‘a motor vehicle or watercraft in a public place in Dallas County, Texas approximately
minutes prior to my arrival at o'clock [Jp.m. /[Jam,
wean 037102527PE Ee eee Pa ~
6. Driving behavior: Additional facts leading me to believe that the suspect was intoxicated while
‘ ‘operating a motor vehicle or watercraft in a public place include: A0’S CORDOVA 8309 AND
WATKINS 6680 WERE DISPATCHED TO AMOTOR VEHICLE ACCIDENT INWHICH THE AP.
~ 'NEAVE COLLIDED WITH A TREE DRIVING HER 2012 BMW Z4.
‘the public place is described as: $/B 1800 ABRAMS RD_
aS
7. The following observations were made about the suspect: 7
Odor of alcohol Attitude/conduct Balance
strong C1 Argumentative O Falling
1 Moderate O Combative unsteady
1 Faint 0 Profane 1 swaying
None 0 Sarcastic
i ean 11 Needed support
Eyes 1 Cooperative O Far
Bloodshot Cocky O Good
D Red/Pink O Laughing a
O Glassy O Carefree
Watery Indifferent Walking
0 Dilated 0 Sleepy/Drowsy D Falling
1 Normal O Polite /
o O Sitent 1 Serezering
D1 Reserved D1 Swaying
Speech 0 calm C1 Heaw footed
O Thick-tongued O Talkative O Fair
L Incoherent 1 Amious 0 Good
@ Sturred Excited Q
O slow Seiad
i aes O Uninhibited Tuming
1 Mood swings
OF Stuttered 1 UNCOOPERATIVE C1 Fatting
O Talkative __emeeeeees OT staggering
1 Rapid 1 swaying
B Repetitive Appearance OD Hesitant
O Fair Disorderly O Fair
0 Good alae vo
Signs of urine
o_O 1 Signs of vomit, a sone
DRESS
Det + hw. s307017
OoSTANDARDIZED FIELD SOBRIETY TESTS.
‘The suspect was requested to perform field sobriety tests and the observations were ’
recorded below. The standardized field sobriety tests were conducted by:
> 1 Affiant who is certified and/or trained in the detection of impaired or intoxicated
drivers through the use of three standardized field sobriety tests [SFSTs], namely:
Horizontal Gaze Nystagmus [HGN)], One-Leg Stand [OLS}, and Walk and Turn [WAT].
o a fellow peace officer, who Is known by yaur_
oe Affiant to be certified and/or trained in the detection of impaired or intoxicated drivers
through the use of three standardized field sobriety tests [SFSTs}, namely: Horizontal
1 Gaze Nystagmus [HGN], One-Leg Stand [OLS], and Walk and Turn [WAT].
‘The suspect was not requested to perform the Standardized Field Sobriety Tests
because:
‘Horizontal Gare Nystagmus Test
The’ suspect was first qualified as a candidate by checking the suspect’s eyes for equal
tracking and equal pupil size. The following clues were present in the left eye (L) and right
eye (Ri:
CL OR ——_Lackofsmooth pursuit
CL GR _ Distinct and sustained nystagmus at maximum deviation
DL GR Onset of nystagmus prior to 45 degrees
a
Vertical nystagmus: (J YES (NO
HGN: ‘Total number of observed clues:
WZ. Refused to perform test
1 Unableto perform test because:
Watk and Tyrn Test
‘The following clues were present during the suspect’s performance of this test:
Cannot keep balance while listening to instructions
Starts before the instructions are finished
Stops while walking
Does not touch heel to toe
Steps off the line
Uses arms to balance (raises arms over six inches)
Improper turn
Incorrect number of steps
oOoooo0oo0o00
WAT: Total number of observed clues:
1 Refused to perform test
1 Unable to perform test because:11.
One Leg Stand Test:
The following clues were present during the suspect's performance of this test:
1D Sways while balancing
1 Hops
Puts foot down
C1 ‘Uses arms for batance (raises arms over six inches)
OLS: Total number of observed clues:
{Refused to perform test
1 Unable to perform test because:
| have learned through my training and experience that the National Highway
Traffic Safety Administration has determined from studies that were conducted that 4
or more clues on the HGN test and:2 or more clues on the OLS test and the WAT test,
are reliable indicators of intoxication.
Other tests: If indicated below, the suspect performed additional tests for intoxication and
the following results were recorded below. ,
1 Recite a portion of the alphabet; result:
Stationary Balance or Romberg Balance Test. Result:
TD Portable breath test; result:
Suspect’s oral statements: The suspect made the following statements:
ANP STATED WITH SLURRED SPEECH "I LOVE YOU AND I WILL FIGHT FOR YOU AND IM
INVOKING MY 5TH AMENEDMENT RIGHTS” A/P STATED THIS OVER AND OVER.
Open container evidence.
No open container of an alcoholic beverage was found at the scene.
1 Anopen container of an alcoholic beverage was found by
namely: ae
in the following location:12.
13.
14.
16.
17.
Drug/Controlled substance evidence.
No evidence of possible drug/controlled substance use was found or detected.
0) The following drugs/drug paraphernalia was found:
in the following loca
(1 Odor of marijuana was detected,
Don the suspect's person;
Liinside the suspect's vehicle
1 Statements made by the suspect or others indicating possible drug usage:
[Z) Other: AP HAD UNSTEADY BALANCE AND SLURRED SPEECH.
Refusal evidence: After placing the suspect under arrest and reading the DIC-24/DIC-24S,
(Statutory Warning)
efused to provide a sample of breath and/or blood.
C1 provided a sample of breath of 0.00 or below the legal limit of 0.08.
Other: STATED SHE'S INVOKING HER 5TH AMENDMENT RIGHTS,
As a peace officer | have successfully completed courses and/or training in the field of
alcohol detection and intoxication-related offenses. | have seen intoxicated persons in the
past and, during the course of my employment, | have observed numerous people who
were under the influence of’ alcohol or other substances. Additionally, | have formed
opinions on intoxication on many occasions and have had my suspicions confirmed by
breath or blood samples that were analyzed after | performed my law enforcement ditties
relating to the detection of intoxicated drivers.
Summary: Based upon my experiences, my training in intoxlcation-related offenses, and
my observations of the suspect and the results of the tests performed by the suspect, if
any, during my contact with the suspect, | believe that the suspect is intoxicated by not
having the normal use of mental or physical faculties by reason of the introduction of
alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more
of those substances, or any other substance into the suspect’s body.
| know from my training and experience that alcohol and other intoxicating substances are
absorbed Into the bloodstream of an intoxicated person and that the blood of such person
can be analyzed for the presence of alcohol and other intoxicating substances.
1 Agwarch war. “2202017lie ds os ce
WHEREFORE, based upon this affidavit Affiant asks for a search warrant that will authorize Affiant
or Affiant’s agent to search the person of the suspect for the blood evidence described above and
seize the same as evidence that the offense described was committed and that the suspect
committed the said offense.
Further Affiant asks for issuance of an order to appropriate third parties directing them to
assist Affiant in the execution of said warrant.
{ (1
BOBBY WATKINS 6680.
Affiant
Subscrited and sworn to before me on this__"I_dayof_~Jame-
24.
Notary Public, State of Texas 7
_ Magistrate, Dallas County, Texas
“za 0371000"74
aR Sek
‘THE STATE OF TEXAS Docket No.:
COUNTY OF DALLAS Court:
‘SEARCH WARRANT
The State Of Texas: To any Sheriff or any Peace Officer of Dallas County, Texas, or any Peace Officer of
the State of Texas:
Whereas, the Affiant, whose name appears on the Affidavit attached hereto is a peace officer under
the laws of Texas and did heretofore this day subscribed and swore to sald affidavit before me,
(which said ‘Affidavit is here now made a part hereof for all purposes and Incorporated herein as if
written verbatim within the confines of this warrant) and whereas | find that the verified facts stated
by Affiant in sald.Affidavit show that Affiant has probable cause for the belief Affiant expresses herein
and establishes the existence of proper grounds for the issuance of this Warrant:
Now, therefore, you are commanded to take custody of the suspect and transport the suspect to a
medical or jall facility in Dallas County, Texas where you shall search for, seize and maintain as
evidence the property described in said Affidavit, to-wit: human blood from the body of the
following described individual:
Name: NEAVE, VICTORIA .
Race: _ Hispanic Sex: Female DOB: 12/29/1980 _ DI/ID: 01115375.
Helght: 4°11 “Weight: 114 ___ Ibs Hair color: BLACK
Herein fall not, but have you then and there this warrant within three days, exclusive of the day of its
issuance, with your return thereon, showing how you have executed the same.
Issued on this the 7 day of JUNE ros, at_L°3) _ orclock
(P.M. /GZA.M., to certify which witness my hand this day.
—
Magistrate, Dallas County Frexas
DOB search wars“ 3107017‘THE STATE OF TEXAS
COUNTY OF DALLAS
ORDER FOR ASSISTANCE IN EXECUTION OF SEARCH WARRANT
To any physician, nurse, medical technician, or phlebotomist, licensed by the State of Texas,
or other. person qualified in the intravenous removal of human blood:
Whereas, the affiant whose name appears on the affidavit attached hereto is a peace officer
under the laws of Texas and did heretofore this day subscribe and swear to said affidavit before me
(which said affidavit is here now made a part hereof for all purposes and incorporated herein as if
written verbatim within the confines of this Order), and whereas I find that the verified facts stated
by affiant in said Affidavit show that affiant has probable cause for the belief he/she expresses herein
and establishes existence of proper grounds for issuance of a search warrant;
‘And whereas, this court has issued a warrant to search for and seize blood from the suspect
named and described in the Affidavit, to-wit:
Name: NEAVE, VICTORIA
Race: Hispanic Sex: Female DOB: 12/20/1980 DL: 01115375
Height: 4114 Weight: 114 Ibs Hair color: BLACK
Therefore you are hereby ordered and commanded to cooperate with any peace officer
requesting your professional assistance in the execution of this warrant.
Herein fail not, as this order is directed to any individual whose ald and. assistance is
requested by the officer bearing the accompanying search warrant, is authorized by the full authority
of this Court to issue warrants and orders to enforce the laws of the State of Texas, and Article 18.08
of the Texas Code of Criminal Procedure. Anw individual who fails to comaty with this Order when
Ordered this the 7 day of JUNE 2047 at 1°31 o'clock p.m. /
ZAM. to certify which witness my hand this day.
lnk
Magistrate, Dallas County, TexasFE
‘STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF PERSON WHO WITHDREW BLOOD.
Before me, the undersigned authority, personally appeared __< JESS{CA- Perkins
who being duly sworn, deposed as follows:
“My name is kk Lam oyer the age of 18 years and capable
of making this affidavit, | am employed by Cc las asa
physician
2 ted wri
Registered professional nurse
Q_ Licensed vocational nurse
oO Other:
onthe__7. dayot__Oune. oo ee ee Ne pang Aa
withdrew a blood specimen from the following person: NEAVE, VICTORIA
The blood specimen was taken using reliable procedures as recognized by the scientific community in
the State of Texas and in a sanitary place.
ture of person drawing blood
desstea Parkins RA
Printed Name
‘SWORN TO AND SUBSCRIBED before me on the. ] day of Sue 20. 2.
$i LtdKivs Get.
Peace Officer, State of Texas
Q_ Notary Public, State of Texas
bi6y walking (te
Printed Name of Notary10
STATE OF TEXAS
COUNTY OF DALLAS
RETURN AND INVENTORY
‘The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn,
on oath certifies that the foregoing Warrant came to hand on the day it was Issued and that it was
executed on the 7 day of JUNE 20.17_, by making the search directed
therein and seizing during such search the following described property:
A specimen of the suspect’s blood. be
WATK(
Affiant
SUBSBIBED AND SWORN to before me, the undersigned authority on this “7 day of
20 (J.
‘County,
DWI Bood seach want, 2017