State of Minnesota v. Nicholas Rekieta, Kayla Rekieta, April Imholte

[DiabeticSydePhil]

What's the actual process for getting the warrant like?

Mandatory reporter goes to the cops and says Nick has drugs with kids in the house, the police investigate and decide he probably does have drugs, then the judge signs off on the warrant before they bash his door down?

So like we can reasonably assume the police investigated the claim first and determined it was valid before searching the place? I'm assuming that they didn't go 'yeah the pastor said drugs were present' and skip straight to the warrant to search.

If they investigated the report first, that makes it more likely they have more on Nick (not that they need it since they literally found drugs), so they probably have actual evidence of child neglect/abuse? Or does having drugs in the house automatically make it child neglect by presumption pounding coke means you're neglecting the kids.

 

[DiggieSmalls]

Mandatory reporter goes to the cops and says Nick has drugs with kids in the house, the police investigate and decide he probably does have drugs, then the judge signs off on the warrant before they bash his door down?

From what i gather from watching Sean last night: we wont really know until the affidavit. But, the lone report from the mandatory reporter wouldnt have been enough for the police to start busting down doors. So there was likely a good bit more to getting the search warrant than just the pastor.

 

[Useful_Mistake]

? Or does having drugs in the house automatically make it child neglect by presumption pounding coke means you're neglecting the kids.

If only people who had opinions on this issue took the time to read the complaint. Let's go through it shall we? What is the neglect they are charged with?

Nick:

Okay, now, and this is going to be very hard, we need to copy the numbers and paste them into google.

End result:

So...the answer is yes. Which you could have just googled.

Not applicable to his wife because she was charged with starving (or depriving it of other essential needs) the kid and willfully permitting physical and sexual abuse

What's the actual process for getting the warrant like?

https://www.revisor.mn.gov/court_rules/cr/id/3/

 

[Yeeted Teet]

We know Kayla had some “gummies” that she attempted to smuggle into the county jail when she was booked (which law enforcement found and confiscated).

We don't know that she was trying to smuggle them, she may just have been so monged at the time of the arrest (which could also explain why she didn't immediately start flushing bags when the police were at the door) and had drugs stashed in so many places that she forgot they were in the bottle she'd asked for.

 

[Iron Hamster]

Wasn't the vault at the old house.

No................it's this one. Google the address and you can see the house pics on realty sites.

 

[Barry McKockner]

If only people who had opinions on this issue took the time to read the complaint. Let's go through it shall we? What is the neglect they are charged with?

Nick:
View attachment 6026468
Okay, now, and this is going to be very hard, we need to copy the numbers and paste them into google.

End result:
View attachment 6026469
So...the answer is yes. Which you could have just googled.

Not applicable to his wife because she was charged with starving (or depriving it of other essential needs) the kid and willfully permitting physical and sexual abuse
View attachment 6026474
View attachment 6026475

https://www.revisor.mn.gov/court_rules/cr/id/3/

Yes, that's what the charges say. I think everyone understands that. The issue some people have is the complaint from the pastor was for neglect, which should have resulted in interviews by CPS and an arrest warrant if deemed necessary, not straight to bashing someone's door in as the first step. From what we can currently see, it appears they went from complaint straight to a whole house search warrant, which is a very high escalation. We'll likely see how they got there as the DA starts amending it's filings, but as for right now, there's a whole lot missing that doesn't make sense. If the report included that they were doing drugs all the time, and that was endangering the children, then sure. But that's not currently present in ANY of the filings to justify a search warrant of that magnitude.

I'm not carrying water for the Crackets, but I also cringe at the cops being able to use a report of child neglect as a reason for a full fledged door-busting search warrant on people's entire houses, especially when states like Cali are classifying "not affirming a child's gender" as a form of child abuse. Precedents that erode our civil liberties are rarely set on citizens who you can easily defend. It's always set with people you want to see go down.

 

[DHugo]

I know very little of US law, but I see 2 different opinions so I want to ask: Wouldn't he get fuck all if he just killed his pride?

What I mean is he goes up to the pastor, apologizes, talks with him, goes to rehab (and has documents to prove it), stays sober, makes amends, tries to clean his image. I can't really believe that a judge would look at that and think a rehabbed dude would need to do serious time away from the kids. The whole "admission of guilt if you go to rehab" seems retarded.

 

[Justtocheck]

could believe that. Kayla the crack whore or one of her bulls gets pissed a kid is begging for food. She throws some cocaine/drugs at the kid in anger and the kid inhales enough/swallows enough they get sick. This may or not be the same story where Nick cancelled a stream because "someone close to him" needed to be watched all night.

Joke from a TV series. "Interviewing for nannies"
-What would you do if the child started crying uncontrollably?
-2 pills of Valium.
-What?! You would give a kid 2 pills of Valium?!
-Hell no! The 2 pills are for myself; the kid would only get half a pill.

 

[Useful_Mistake]

Wouldn't he get fuck all if he just killed his pride?

He gets time for drugs. If he pleads guilty, he might indeed strike a deal with the state to cut a lot of the time off for that plea and rehab, but he can't just say "lol, lmao, ya got drugs, boya" and get away scott free.

 

[Harvey Danger]

Look. I am all for increasing the protections of the 2nd, but Nick would have to think realistically. The 2nd Amendment argument (which currently seems unlikely) would be costly, and the funds would be better spent defending against the drug charges, as without them the gun charges immediately fail. Unless he plants to concede on the drugs, and go to SCOTUS with the same 2nd amendment arguments the court implied in Bruen that it doesn't want to hear.

Good thing Nick isn't the type of guy to waste tens of thousands of dollars on long shot unlikely legal maneuvers, instead of taking the easy way out requiring a minor bruise to his ego.

Oh, wait.

 

[JamesWebbSlinger]

Yes, that's what the charges say. I think everyone understands that. The issue some people have is the complaint from the pastor was for neglect, which should have resulted in interviews by CPS and an arrest warrant if deemed necessary, not straight to bashing someone's door in as the first step. From what we can currently see, it appears they went from complaint straight to a whole house search warrant, which is a very high escalation. We'll likely see how they got there as the DA starts amending it's filings, but as for right now, there's a whole lot missing that doesn't make sense. If the report included that they were doing drugs all the time, and that was endangering the children, then sure. But that's not currently present in ANY of the filings to justify a search warrant of that magnitude.

I'm not carrying water for the Crackets, but I also cringe at the cops being able to use a report of child neglect as a reason for a full fledged door-busting search warrant on people's entire houses, especially when states like Cali are classifying "not affirming a child's gender" as a form of child abuse. Precedents that erode our civil liberties are rarely set on citizens who you can easily defend. It's always set with people you want to see go down.

That question was brought up by Sean Martin, during his appearance on Kino Casino, last night. It was unlikely that solely the mandatory report from the pastor was enough to justify a warrant. The affidavit which got the police the search warrant would contain the information on how it was justified:

Could not clip the entire discussion, but it occurred from 3:39:50 to 3:43:35.

 

[Maraschino]

She has repeatedly ruled against Nick in the Montegraph case despite having the better lawyer.

It's completely inconsequential that Nick's lawyer was "better". Randazza had shit facts and an even worse client to work with.

Instead of being concerned with Nick's lawyer being "better" because he's more high-profile, be concerned with the actual facts of said case and the arguments. Nick said on stream that Monty was a pedophile and then dared him to sue him, has repeated said claims at every opportunity (including the Appealstream), and then said he wants to keep saying it because Monty hasn't proved he isn't a pedophile, which is not how that fucking works. I think Nick repeatedly saying his lawyer was better but still lost on the Appealstream has everything to do with him having a mental breakdown because he's actually going to possibly deal with the repercussions of being a massive cunt.

I doubt even if she despises him (because she has functional brain cells) that she'd be incapable of being objective. And you can be objective and still throw the book at him.

 

[Barry McKockner]

That question was brought up by Sean Martin, during his appearance on Kino Casino, last night. It was unlikely that solely the mandatory report from the pastor was enough to justify a warrant. The affidavit which got the police the search warrant would contain the information on how it was justified:

Correct. It struck me as odd that they would do a whole home search, including for safes, when safes or a locked room is where you keep things specifically to secure things from kids, so how would the contents of a safe be pertinent to a child neglect reporting? There's either something we're not seeing because the DA hasn't released it yet, or it's a case of this locality attempting a run-around of the system to bust a suspected (but obviously known) drug user, and taking advantage of a mandatory reporting do do so. Just because I'm having an amazing time watching Nick get his comeuppance for abandoning his best content for degeneracy, it doesn't mean I trust that the system that's more obviously corrupt by the day is doing this all on the up and up.

 

[WelperHelper99]

It's completely inconsequential that Nick's lawyer was "better". Randazza had shit facts and an even worse client to work with.

Instead of being concerned with Nick's lawyer being "better" because he's more high-profile, be concerned with the actual facts of said case and the arguments. Nick said on stream that Monty was a pedophile and then dared him to sue him, has repeated said claims at every opportunity (including the Appealstream), and then said he wants to keep saying it because Monty hasn't proved he isn't a pedophile, which is not how that fucking works. I think Nick repeatedly saying his lawyer was better but still lost on the Appealstream has everything to do with him having a mental breakdown because he's actually going to possibly deal with the repercussions of being a massive cunt.

I doubt even if she despises him (because she has functional brain cells) that she'd be incapable of being objective. And you can be objective and still throw the book at him.

That could be the case. She can still hate his guts, and use those objective facts to crush him like a ant while keeping everything above board and appeal proof. What i am saying is she isn't a robot and she is going to enjoy every second of this, because just like the Monty case, Nick is dead to rights, and unless he pulls a miracle out of his ass, she can rule any way she wants, in both cases no less.

 

[Irene and 22 others]

It's pretty clear from the look of them that they've both been doing a lot of cocaine. I wouldn't be surprised if they were going through multiple grams per day. If Nick has been buying large quantities like that for a while, he might have already been on law enforcement's radar. Someone who was selling to him might have gotten pinched and threw his name out to law enforcement to get some kind of deal, particularly if Nick is buying quantities large enough to look like a dealer himself.

The person who ratted him out might have made up a much juicer story as well. It happened to a friend of mine who had the police raid his house because some crack head said they'd bought it from him and that he had a meth lab there as well. The police were incredibly disappointed when they just got a couple of marijuana plants that he grew for himself. It still sucked for him though since it wasn't yet legalized at the time.

Maybe his own kid gave the cops the information. It seems like things had deteriorated badly enough that no one was really taking care of the kids anymore. A 16 year old with four younger siblings might decide that things have gone too far, particularly if mom and dad are zombies most of the time. Most kids aren't going to want to do that to their own parents, but one with younger brothers and sisters to watch out for possibly would. He would know where the drugs were at.

 

[Thomas Talus]

He gets time for drugs. If he pleads guilty, he might indeed strike a deal with the state to cut a lot of the time off for that plea and rehab, but he can't just say "lol, lmao, ya got drugs, boya" and get away scott free.

It's not scott-free, but MN does have drug treatment courts which would typically be non-custodial. Now I don't believe for a second that Nick could successfully make it through the program while abstaining from drugz and booze, because those are all that's left of his personality aside from cuckdom, or that he would even be willing to consider taking a shot at it due to not thinking there's anything wrong with him that requires treatment, but the principle that he could potentially stay out of jail by admitting that he has a problem and seeking court-monitored treatment is valid.

ETA: On further research, while MN does have Adult Drug Courts, I don't see any in his county unless it's part of the 8th Judicial District.

2nd ETA: Kandiyoshi is indeed part of the 8th.

 

[AnOminous]

This case is so messed up, you have some lawtubers planting seeds that there were drugs planted. Yeah to a rich white guy, sure.

I'm sure they totally planted the cocaine powder obviously on his nose when he was streaming obviously intoxicated on cocaine.

These people are such goddamn fucking idiots it's beyond belief.

It struck me as odd that they would do a whole home search, including for safes, when safes or a locked room is where you keep things specifically to secure things from kids, so how would the contents of a safe be pertinent to a child neglect reporting?

Once you find unsecured drugs, guns, scales, baggies, etc. right out in the open, that pretty much gives you probable cause to look for more, even if the warrant hadn't initially specified things like safes. Even if you did exceed the scope of the warrant in doing so, the doctrine of inevitable discovery makes the other stuff admissable.

In short, if you force them to toss your shit, and they find some shit, they're going to go looking for more shit. And they're usually legally allowed to do it.

He gets time for drugs. If he pleads guilty, he might indeed strike a deal with the state to cut a lot of the time off for that plea and rehab, but he can't just say "lol, lmao, ya got drugs, boya" and get away scott free.

Even though this is more serious than the usual first offense involving simple possession, a suspended sentence is possible. I think he would be a very lucky boy to get the whole shebang diverted to drug court, but it could happen.

 

[mindlessobserver]

People wondering if the Judge should recuse, it's not going to happen. The only implication of Bias she might have is the fact that Rekieta said mean things to her and thinks she is a retard. If a Judge had to recuse every time a Defendant did that, there would be no judges for any case Criminal or Civil. A more compelling argument would be that since she's already been handling the civil trial, she could have her ability to adjudicate the Criminal case at cross purposes since she has already been making judgements in Rekieta's legal matters unrelated to a criminal proceeding. That's the only way I could see that going down. But even that is a stretch

 

[Barry McKockner]

Once you find unsecured drugs, guns, scales, baggies, etc. right out in the open, that pretty much gives you probable cause to look for more, even if the warrant hadn't initially specified things like safes. Even if you did exceed the scope of the warrant in doing so, the doctrine of inevitable discovery makes the other stuff admissable

My ignorance is how they got ok to search in the first place. THAT is the document we haven't seen yet. Of course once you see things in the open, you have probable cause to go farther.

 

[JustTheFaxcts]

Has anyone considered April being caught beforehand with drugs on her own and rolling over? It's not uncommon for a low-level user to have their charges shelved in exchange for cooperation in arresting their supplier. That would explain why they knew right where the drugs were and the warrant wasn't focused on the kids. The CPS involvement might have shifted the timeline up but otherwise be unrelated.

Also, when they do raid a site they always arrest the informants along with everyone else to prevent immediate retaliation. The original arrest records are also typically sealed for the same reason. This would explain how she almost immediately walked out and why she's went silent after the raid as well.

Edit: I forgot to mention that they will sometimes wait for the main suspect to be out of the house to execute the warrant. This prevents them from trying to dispose of evidence or going for weapons when they come to the door.