Appealed from the Second Judicial District Court for the
Parish of Jackson, Louisiana Trial Court No. 48, 732
Honorable Jimmy Cecil Teat, Judge
LOUISIANA APPELLATE PROJECT By: Douglas Lee Harville Counsel
W. NEWELL District Attorney Counsel for Appellee
CULPEPPER CARROLL J. CLAY CARROLL Assistant District
WILLIAMS, STONE, and McCALLUM, JJ.
U. Jackson ("Mr. Jackson") appeals the trial
court's denial of his "Motion to Quash the Arrest
Warrant and To Suppress." On April 3, 2018, Mr. Jackson
entered a Crosby plea of guilty to possession of
marijuana, fourth offense, while reserving his right to
appeal the trial court's decision denying his motion. Mr.
Jackson argues that the trial court erred because the arrest
warrant was based on an affidavit that contained false or
misleading statements. Therefore, Mr. Jackson contends that
we should reverse the trial court and grant his motion to
quash and suppress.
following reasons, we affirm the trial court's decision
in denying Mr. Jackson's motion to quash the arrest
warrant and to suppress. We further affirm the conviction and
sentence of Mr. Jackson.
11, 2017, in the parish of Jackson, the Honorable Daniel W.
Newell, through his assistant district attorney, Mr. J. Clay
Carroll, filed a bill of information charging Mr. Jackson
with two counts of criminal conduct. Count One was conspiracy
to distribute schedule II CDS. Count two was possession of
marijuana, fourth offense.
November 7, 2017, at the conclusion of a preliminary hearing,
the Honorable Jimmy C. Teat found probable cause to hold Mr.
Jackson under his bail obligation pending trial. At the
preliminary hearing, the court accepted evidence including
the arrest warrant, the accompanying affidavit upon which the
arrest warrant was issued, the testimony of the affiant,
Deputy Shultz, and a video of the alleged meeting between the
confidential reliable informant ("CRI") and Mr.
Jackson. The Court also heard arguments by counsel for both
Mr. Jackson and the State.
February 1, 2018, Mr. Jackson filed a motion to quash the
arrest warrant and to suppress any evidence obtained through
the execution of the warrant. Mr. Jackson alleged that the
arrest warrant in question contained "false and/or
misleading statements." Therefore, Mr. Jackson sought to
quash the arrest warrant, suppress certain evidence obtained
through searches connected with the arrest and have all
charges against him dropped. On April 3, 2018, the trial
court held a hearing and denied Mr. Jackson's motion. Mr.
Jackson then entered his Crosby plea of guilty to
possession of marijuana, fourth offense.
trial court considered the evidence within the record from
the preliminary exam and heard additional arguments of
counsel. Mr. Jackson argued that the affidavit, upon which
the judge issued the arrest warrant, contained false or
misleading statements. Specifically, Mr. Jackson argued that
although Deputy Shultz stated within his affidavit that Mr.
Jackson was seen and heard talking to the CRI, the video of
the meeting neither visually nor audibly proved Mr.
Jackson's presence. Mr. Jackson further argued that
Deputy Shultz had previously stated that he reviewed the
video prior to signing ...