The motion provides key insight into how federal authorities gathered enough evidence to arrest Boozer.
According to the motion, law enforcement gained permission to install a mobile tracking device on a 2004 Jeep Wrangler, which belonged to Boozer. The device led authorities directly to the evidence they need for the trial.
An attached affidavit states a DPS agent met with a confidential informant, who said Boozer and his girlfriend, Williams, were recruiting people to travel to pharmacies in East Texas to purchase pseudeophedrine, for the purposes of making meth. The informant said Boozer, who has a valid pilot license, traveled to Dallas by private airplane to deliver meth on behalf of Williams.
The DPS agent also stated that after Williams was arrested in Smith County on Aug. 24, 2010, a cellphone showed a multitude of text messages indicating a conspiracy between Boozer and Williams and others.
According to the affidavit, the type of conspiracy is known as "smurfing," which is defined as persons visiting multiple pharmacies at various retailers in and out of the area to purchase pseudeophedrine.
Boozer's attorney, John Tunnell, argues that the monitoring device violates Boozer's Fourth Amendment right to be free from an unreasonable search and seizure.
Boozer was arrested on Feb. 6 after he was accused of stealing a private airplane from a hangar at the Athens airport.
Emerson will plead guilty to Count 5 of the indictment, which alleges she purchased pseudeophedrine on June 9, 2008, at a CVS in Nacogdoches.
Pugh will plead guilty to Count 32 of the indictment, which alleges she purchased pseudeophedrine on Oct. 26, 2009, at a CVS in Henderson.
Williams will plead guilty to Count 58 of the indictment, which alleges she purchased pseudeophedrine on Dec. 27, 2011, at a Brookshire's in Tyler.
A fifth co-defendant, Douglas Edward Vance, 43, of Nacogdoches, has been granted a continuance in the case. His lawyer now has until April 23 to file a motion for continuance.