- Joined
- Sep 6, 2019
Since I don't see a direct response, maybe the following will help.Is he arguing that it was *technically* wrong, so it gets tossed so that he cannot be charged for the same crime again? Does this explain why he is so adamant to get it tossed out at this point? Does he 'win' if the warrant gets tossed, or could they re-charge him?
I cite the Honorable Judge Stephen J. Wentzell's Omnibus Order for case 34-CR-18-14. He is the judge in the current case.
If the warrant is tossed, any evidence collected during the search of Nick's residence and person must be excluded from this and any future case. Legally it is as if the cops did not find coke in his house.“A search warrant is void, and the fruits of the search must be excluded, if the application includes intentional or reckless misrepresentations of fact material to the findings of probable cause.” State v. Moore, 438 N.W.2d 101, 105 (Minn. 1989). “When a defendant seeks to invalidate a warrant, the two-prong Franks test requires a defendant to show that (1) the affiant “deliberately made a statement that was false or in reckless disregard of the truth,” and (2) “the statement was material to the probable cause determination.” State v. Andersen, 784 N.W.2d 320, 327 (Minn. 2010) (internal citation omitted).
Edit (m): grammar
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