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

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Will Nicholas Rekieta take the plea deal offered to him?

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JohnE said:
No, probable cause is such a low standard that the pastor's report alone probably would have been sufficient to issue a search warrant. To issue a warrant, a magistrate must make a "common-sense decision" whether the information provided in the affidavit, "including the veracity and basis of knowledge of persons supplying hearsay" that there is a "fair probability" that contraband or evidence of a crime will be found in a particular place. State v. Holiday, 749 N.W.2d 833.

Here the pastor alleged that member of the congregation personally observed a number of activities that would create a fair probability that the kids were being neglected at home, and that Nick and Kayla were using. While there might be an issue that the pastor did not personally observe these activities if it was the only basis for the warrant, the fact that the pastor is in a position to look at Nick and Kayla and confirm the suspicions, as well as the fact that four different people approached the pastor give his report more credibility. Further, as I pointed out in a previous post, appellate courts in Minnesota bend over backwards to not invalidate even weak findings of probable cause.
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The Pastors report was likely enough to instigate a CPS investigation. The Cokestream was more than enough to get a Search Warrant on the drugs. Especially taken in aggregate with all the other details. Aaron's streams. Nick's own words. Etc. Yeah they'll try and get it tossed. But it ain't happening. Especially not when the applications probable cause lines up with the shit they actually found.
Weeb Slinger said:
Rekieta no doubt imagines this act of defiance as a denouncement on par with Charlton Heston, in the role of Moses, casting the tablets bearing the Ten Commandments into the statue of the Golden Calf. The reality is probably going to resemble the spergy kid who never learned how to throw properly, attempting to pitch a baseball, instead planting it in the ground a few feet away.
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They have him on camera demanding to know the probable cause. Then a short line later when they hand him the warrant, he, once again on camera, can't be bothered to read it, and just tosses it away.

That's some mighty fine lawyerin there my friends.

Contrary to what some Balldowashers still seem fixated on, no the cops did not have to physically hand Nick the paper before knocking the door down. They had a search warrant in hand. It gets handed to the owner whenever he is in front of them. But they have the search warrant with them on the property. So they are good to go. Further there was a property owner inside dodging them using a small child.

The cops actually went above and beyond when they asked Nick for the door code. Search Warrants are Executed. Service happens if or when possible.
 
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Null said:

Kandiyohi County estimates the cost for the footage will be at least $3,000. The cost may ultimately be higher if additional police time is needed to search for, review, redact, or reproduce the footage. We estimate that approximately $6,000 will be adequate to ensure that all fees payable to Kandiyohi County under the Minnesota Government Data Practices Act are covered.

The request may take several weeks or even longer to process. There is no promise the footage will be received or received on any particular date. They may have a right to deny our request or cite an exemption that protects some portions of the footage. If the County denies our request, it is likely that this video or at least portions of this footage will eventually enter evidence and be made public once it has been admitted as evidence in Court. Minnesota law protects the privacy of individuals seen in bodycam footage and the footage may be censored. It is impossible to predict how censored the footage we obtain might be.

This money may be used in ways other than directly paying the bills of Kandiyohi County. In particular, Minnesota Law permits people involved to consent to having footage released, which greatly helps with getting it released. We are exploring the idea of financially compensating individuals who consent to the release of footage.

If there are significant excess funds, or if our request is denied and no participants consent to having the footage released, the money will be donated to an appropriate charity at my sole discretion (but I will probably run a poll first).
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I vote Trans Lifeline to be the charity that gets the money. Can we get a second to confirm our number one spot in the poll?
 
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Null said:

Kandiyohi County estimates the cost for the footage will be at least $3,000. The cost may ultimately be higher if additional police time is needed to search for, review, redact, or reproduce the footage. We estimate that approximately $6,000 will be adequate to ensure that all fees payable to Kandiyohi County under the Minnesota Government Data Practices Act are covered.

The request may take several weeks or even longer to process. There is no promise the footage will be received or received on any particular date. They may have a right to deny our request or cite an exemption that protects some portions of the footage. If the County denies our request, it is likely that this video or at least portions of this footage will eventually enter evidence and be made public once it has been admitted as evidence in Court. Minnesota law protects the privacy of individuals seen in bodycam footage and the footage may be censored. It is impossible to predict how censored the footage we obtain might be.

This money may be used in ways other than directly paying the bills of Kandiyohi County. In particular, Minnesota Law permits people involved to consent to having footage released, which greatly helps with getting it released. We are exploring the idea of financially compensating individuals who consent to the release of footage.

If there are significant excess funds, or if our request is denied and no participants consent to having the footage released, the money will be donated to an appropriate charity at my sole discretion (but I will probably run a poll first).
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Come on people. I'm not exactly rolling in the Benjamins but I ponied up my 20. To quote Mr Ethan Ralph, who is of course the first and only person who has ever said this, let's fucking gooooooooo!
 

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Null said:

Kandiyohi County estimates the cost for the footage will be at least $3,000. The cost may ultimately be higher if additional police time is needed to search for, review, redact, or reproduce the footage. We estimate that approximately $6,000 will be adequate to ensure that all fees payable to Kandiyohi County under the Minnesota Government Data Practices Act are covered.

The request may take several weeks or even longer to process. There is no promise the footage will be received or received on any particular date. They may have a right to deny our request or cite an exemption that protects some portions of the footage. If the County denies our request, it is likely that this video or at least portions of this footage will eventually enter evidence and be made public once it has been admitted as evidence in Court. Minnesota law protects the privacy of individuals seen in bodycam footage and the footage may be censored. It is impossible to predict how censored the footage we obtain might be.

This money may be used in ways other than directly paying the bills of Kandiyohi County. In particular, Minnesota Law permits people involved to consent to having footage released, which greatly helps with getting it released. We are exploring the idea of financially compensating individuals who consent to the release of footage.

If there are significant excess funds, or if our request is denied and no participants consent to having the footage released, the money will be donated to an appropriate charity at my sole discretion (but I will probably run a poll first).
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@Null Consider temporarily putting this on the front page for greater exposure/awareness? I heard you discuss it on MATI, but wouldn’t have known about it had I missed this page in the thread. Just a thought.

EDIT: I’m a retard and just saw the goal was hit. But there may be other needs for the money, i.e. other FOIA requests?
 
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moocow said:
Note that donating to Change.org is a donation to Change.org, not the fundraiser for the body cam footage. Null posted the link earlier to the fundraiser.
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Ok, thanks for the info, you are not the only one to tell me this.

Which thread /page number did he post the fundraiser ?.

Edit: ah fuck, I see we have reached the goal.
 
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