If Nick is requesting the bodycam footage to dispute probable cause (which again is a stupid expensive and probably losing argument to make with four reports, one familial, and a drug task force agent watching your cokestream and then FINDING COKE which will probably invalidate claims of the supposed white powder sighting om the stream being overzealous), does this mean it has become evidence and will now be part of the public documentation?
Nick gets everything for free and unredacted so it's not expensive to him. Also, Nick is too clever half. He streamed the other day and thought that he would refute the "cocaine weight loss" by saying he lost weight on a diet. The Probable Cause fact statement was that he lost weight, but not why he lost weight. He confirmed that PC observation by admitting weight loss. For PC cop doesn't need to establish the underlying reason, just that an observable fact occurred that justifies investigation. What was a PC challenge "You observed weight by watching two streams 4 months apart?" is just wrecked by his sua sponte comments confirming he lost weight. Observing weight loss was the weakest PC fact statement that Nick made the strongest. Because Nick thinks he's smarter than everyone else.
I hate these demand filings because they are boilerplate and pro forma. The prosecutor has to supply it to the defense. I especially the ALL CAPS Minnesota law warning at the end. That is only done to justify the first bill to the client that has likely never seen one before. These filings are like the bulk mail warnings printed on envelopes to the postmaster telling them it's illegal not to deliver the mail and the letter carrier will go to jail if it's not delivered forthwith.
The prosecutor, without any request, would have provided everything they will present at trial. All exhibits, numbered and catalogued, all witness lists, all witness statements, all exculpatory evidence including any Brady list cops being called.
The boiler plate tell in that long list of demands is that there is no date for production. It's because it's all governed by rule. Whatever evidence needs to be produced for the contested omnibus hearing and the timeline is set by rule, not by these boilerplate "forthwith" fee generators. Really it should be one sentence: "Dear Prosecutors, we don't waive the rules. Follow the rules. Respectfully, Defendant." They would stop entirely if the defense attorney couldn't charge for filing them.
Plea agreements waive the right to challenge the legality of a search, but there's an exception for "conditional pleas." With those, you take the plea but reserve the right to appeal a particular issue. They're used in cases with outcome determinative pretrial rulings to avoid the waste of time of a trial. It wouldn't be unreasonable for Nick to do that in this case, because if the warrant is valid he's pretty well fucked.
I don't think they'd offer him that. Just because of the kids and what essentially getting off on a technicality would look like after giving him sweetheart plea.
I think what they will offer is deferred adjudication on a lesser amount of coke. Drop other charges. He completes terms or finishes 20 mos of the lesser amount presumptive sentence. Waive all appeals. State gets their felony plea, keeps family together, saves prison and trial. Nick gets a clean record after completion, gets to be with kids as long as he passes drug tests. He'd be an idiot not to take it.
Nick won't like it but hopefully he chose a smart enough lawyer that convinces him that he's not winning on constitutional grounds. Even if he gets the warrant and case tossed, CPS still has evidence of neglect and drug use. His kids will be grown before he finishes tilting at windmills.
