In addition to the issues of the stop, one of the constitutional issues in a Lubbock drug case that is almost always discussed or litigated is the potential of any search warrant, whether there is enough probable cause that the officer has to ask a neutral and detached magistrate to sign a search warrant. Other areas of the search warrant that can be contested are whether there is enough in the four corners of the affidavit that the officer signs to give credence to the warrant if it was executed promptly. Whether it was properly executed, and whether a proper magistrate signed it under the law.
Typically, there is only a 72-hour rule from the time that is signed by the magistrate to the time that it has to be executed. It has to be within 72 hours and there have been cases where it was after that period. Also, there can be issues dealing with the chemist. Sometimes, the district attorney’s office will decide they do not want to bring the actual chemist. They will try to file the report with some other paperwork and allege if that is enough to allow that into evidence.