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

[AncientPhosphur]

The guns were illegally seized becuase there was no connection between them and the drug crime.

Lunacy. You can’t be in possession of firearms and a user of controlled substances. You can’t buy firearms and admit on the 4473 you have controlled substances. Rekieta should be glad this doesn’t go up to the Federal level.

 

[AngeloTheWizard]

Enjoy the show for what it is. All ther world's a stage, and the cows merely players. They have their sperg-outs and their tard rages, and one cow, in their lifetime, may produce much milk--to adapt a phrase from the Bard.

I try not to get worked up over cows. I'll admit that if I didn't keep a clear head and visit these threads to remind myself, I'd probably easily be one myself. So if we're gonna quote the bard, I'd prefer "a tale told by an idiot, full of sound and fury, signifying nothing."

There exists a series of events where the judge decides "fuck it, throw the warrant out", unfortunately that series of events starts and ends with the judge's own brain and I don't see any way that Nick or anyone else can push him into it. Until that happens, this is all top quality legal theater, we're the Greek choir, and we're laughing at poor little Nick up there on stage.

ETA: I've been ignoring the firearms charge because it wasn't part of the initial warrant but also yes it's just dumb to have guns and drugs just laying around. I don't even do anything illegal and I don't just leave my guns where anyone can see them, Christ.

 

[AnOminous]

Lunacy. You can’t be in possession of firearms and a user of controlled substances. You can’t buy firearms and admit on the 4473 you have controlled substances. Rekieta should be glad this doesn’t go up to the Federal level.

Yep, because filling out a fake 4473 and lying about the drugs you're on while buying a gun is both federal and a felony. Since it's under oath, it's perjury. That applies even to stuff like weed.

 

[Mike Stoklasas Spock Ears]

I love how Nick was kvetching on stream about how “this was NOT a motion to suppress” and yet this was one of the first things out of his lawyer’s mouth.

 

[AncientPhosphur]

Yep, because filling out a fake 4473 and lying about the drugs you're on while buying a gun is both federal and a felony. Since it's under oath, it's perjury. That applies even to stuff like weed.

And for Kayla Xanax can fall under that same label too if it’s found out she’s exceeding her prescription. Rekieta might get around lying on the 4473 by saying he was wasn’t a user upon purchase and there’s no case but a safe full of cocaine (schedule 2 drug) with firearms (and the evil AR15). I’d do as little as I can to say anything on record instead of “Yeah the guns in the safe with the cocaine has nothing to do with this case”

 

[Artificial Stupidity]

And for Kayla Xanax can fall under that same label too if it’s found out she’s exceeding her prescription. Rekieta might get around lying on the 4473 by saying he was wasn’t a user upon purchase and there’s no case but a safe full of cocaine (schedule 2 drug) with firearms (and the evil AR15). I’d do as little as I can to say anything on record instead of “Yeah the guns in the safe with the cocaine has nothing to do with this case”

didn't she ask for her medication in jail and ended up with a bottle of mixed pills

 

[Dumpster dived waifu]

The guns were illegally seized becuase there was no connection between them and the drug crime.

Barnes used almost this exact language. I wonder if White is just a bird of a feather or a puppet.

I know this is pure wet brain logic here and I don't have a high enough Rick & Morty IQ to understand this, but I'm 99% sure that the reason why the guns were seized and mentioned is because there are drugs present, and the guns now become an aggravating charge.

I wonder if I could practice law in Minnesota. It doesn't appear to be too hard since I can just say whatever the fuck I want and hit the judge/opposing counsel with a "nuh-un" whenever things aren't going my way.

 

[DHugo]

View attachment 6350291
re-re-re-remix

I think this might be a Kino Casino troll, the lawyer is Warski wearing this:

 

[Sam Losco]

JPGs of the transcript.

 

[luigismanslave]

I think this might be a Kino Casino troll, the lawyer is Warski wearing this:
View attachment 6350490

he looked a lot more like ppp

 

[Atomic Ant]

None of what Nick has produced to date comes anywhere within a statute mile of meeting the standards for invalidating a warrant.

And hey, if I'm wrong, I'll be in good company.

Its important to not be autistically legalisitic in the analysis here, You have to remember hes a lawyer from Kandiyohi, this is a home game for him. With as much experience as he has a a litigator in front of this bench, he might be able to play toward what the judges really care about personally--or he might just get the benefit of personal good will hes built up over lmao i cant keep it up, get fucked nick

 

[John Andrews Stan]

White sounds like a fucking retard. So Nick found his perfect match.

 

[Long-time Lurker]

You have to remember hes a lawyer from Kandiyohi, this is a home game for him.

I'll take it that you mean Rekieta and not White. White is decidedly not from Kandiyohi; this is his third (visible) case there. He has 173 cases visible in Minnesota. Note that certain case types like CHIPS are not visible.

34-CR-18-828
34-CR-21-1143
34-CR-24-341

FWIW White also barely has a case history with drugs; he had one client found with a small amount of marijuana as part of a larger case. The client was acquitted on the drug charge.

---

As to the transcript.

WHITE: What I'm saying is is that evidence is not the best evidence. It wasn't the original evidence. And Judge Fischer had an expectation that she would have been informed of that. Detective Pomplun did not inform her of that. In fact, his application indicates if he watched -- watched Mr. Rekieta's stream. And seeing as that is the only, only, suggestion that there were drugs in the house, then she had a duty to -- she had -- she had a need to know that and he had a duty to tell her that that had been edited so she could have evaluated that.

It sounds like both threads' understanding of White's argument was spot on. Trying to require best evidence for probable cause, literally. Saying Pomplun claimed to watch the original from his statements. Suggesting the Cokestream is critical for probable cause. Claiming a reupload is edited.

WHITE: So the video in and of itself is -- is not reliable evidence. And the problem with that is that Deputy Pomplun didn't identify that to Judge Fischer. It's my belief that if Judge Fischer had known that the -- the allegations that were made had been evaluated and dismissed and that the video that -- that Detective Pomplun reviewed was not Mr. Rekieta's video but was, in fact, a video that someone else had copied and then added elements to, she would not have issued that warrant, at least not in the four minutes from the moment that she -- excuse me, from the four minutes that he signed it and then she signed the warrant. Four minutes elapsed between the application and the warrant. I assume that all judicial officers take their -- take their -- their jobs and responsibilities seriously and in doing so they rely on -- on officers of the law to be honest and fully forthright and forthcoming in their expressions to the Court. I think in this case these are material omissions that Detective Pomplun did not tell Judge Fischer about, which renders the warrant invalid.

It only took Judge Fischer four minutes to approve the warrant, and officer Pomplun tricked her.

 

[talk talk talk]

I was there and heard Balldos' Frank speak. This transcript is accurate.

 

[Himedall All-seeing Waifu]

This is literal retard shit. If they had searched the house looking for drugs, and found only legally owned guns, it would indeed be improper to launch criminal charges based on that. However, having found drugs, the presence of guns was then an additional crime. Since Nick, being an absolutely retarded cocksucker, had them just lying around in his master bedroom full of drugs, a number of doctrines come into play.

One is plain sight. They were just lying around everywhere. Another is inevitable discovery. Once drugs were found, obviously the search would continue to find more. There is no way such a search would not have turned up the guns too.

And since guns+drugs+kids=an entirely NEW crime, this was just going to happen.

Nick is retarded. His whole defense is retarded. Robert Barnes is retarded. The Barneswalker is retarded. Viva is a retarded Canadian Jew.

Lunacy. You can’t be in possession of firearms and a user of controlled substances. You can’t buy firearms and admit on the 4473 you have controlled substances. Rekieta should be glad this doesn’t go up to the Federal level.

So when they raid a drug lab, they leave all the guns in the house?

Regardless or not if there is a 'nexus' or a mention of guns in the warrant, the police will take them as a matter of course. If you think this is wrong or over broad, you have to start changing the judicial precedent or laws.

I love how Nick was kvetching on stream about how “this was NOT a motion to suppress” and yet this was one of the first things out of his lawyer’s mouth.

View attachment 6350398

The title of the motion filed had 'suppress' in it.

 

[Friend of Dorothy Parker]

I know this is pure wet brain logic here and I don't have a high enough Rick & Morty IQ to understand this, but I'm 99% sure that the reason why the guns were seized and mentioned is because there are drugs present, and the guns now become an aggravating charge.

There are three separate charges for nick: 2nd degree possession; possession of a gun by a user of a controlled substance; and a parent etc. permitting the presence of a child where any person is possessing a controlled substance (endangerment).

The kid endangerment charge isn't an aggravated drug charge; it's a separate crime. Aggravation of a charge would be different - it means that the circumstances warrant a higher potential penalty - for example, Nick's charged with permitting a kid to be around a user of controlled substances (378b2). If a kid was actually harmed (mentally, physically, other) by having been permitted by him to be around a user of controlled substances, that can become an aggravated situation - under the same subsection of the statute, but with higher potential penalties bc of the actual vs just potential harm.

Interestingly, he was not (yet) charged with the kids-around-loaded guns endangerment crime (609.378c) or even improper storage of a firearm where a child (under 1 could get to it (609.666).

Any argument that the cops/prosecutor are overreaching is blunted time and time again by their restraint, conservative charging, and meticulous fact-gathering and documentation and conduct.

 

[Owlbear]

Regardless or not if there is a 'nexus' or a mention of guns in the warrant, the police will take them as a matter of course. If you think this is wrong or over broad, you have to start changing the judicial precedent or laws.

I believe the "nexus" was the drugs, so I'm not sure what Barnes or the Barneswalker are talking about related to the gun seizure. Also, I believe the gun was under the bed, so it may well have been in plain view.

Once they got the first gun that might have triggered the search for more guns? I really do not know what I'm talking about here, though.

 

[Himedall All-seeing Waifu]

I believe the "nexus" was the drugs, so I'm not sure what Barnes or the Barneswalker are talking about related to the gun seizure. Also, I believe the gun was under the bed, so it may well have been in plain view.

Once they got the first gun that might have triggered the search for more guns? I really do not know what I'm talking about here, though.

Barnes is saying that just being present is not enough of a nexus that connects the guns to the initial charge for the warrant because if the police can just take anything 'in plain view' it makes the warrant a 'general warrant' that is expressly forbidden by the 4th Amendment. 'Plain View' doctrine is overbroad, in his view.

Now that is a fair ideological stance, but it is patently NOT how things currently work or aligned with current American jurisprudence. Both Nick and Barnes start by creating their own moral high ground upon which to pontificate, then dictate how things *should* be and use that as a bully club to rail against the current status quo. This is how they manage to elide inconvenient facts.

 

[AnOminous]

The title of the motion filed had 'suppress' in it.

Remember a previous era of Nick lying when he would pull technicalities and equivocate and pretend he was still being honest?

Current Nick just flat out lies. He doesn't even dress it up. He just belts out lies because he is a lying pile of absolute subhuman garbage lying shit.

It doesn't matter how obvious the lie is. He doesn't care. If you are capable of seeing a lie, you're not his audience. His audience now entirely consists of people with so many extra chromosomes that they'll believe absolutely retarded lies.

Barnes is saying that just being present is not enough of a nexus that connects the guns to the initial charge for the warrant because if the police can just take anything 'in plain view' it makes the warrant a 'general warrant' that is expressly forbidden by the 4th Amendment. 'Plain View' doctrine is overbroad, in his view.

Unfortunately for this fat blowhard bullshit artist, this isn't how actual courts do it.

 

[Napoleon III]

Maybe it's just my limited understanding, but I listened to the whole Uncivil Law stream about Nick's attempt to throw out the warrant and Kurt's feelings aside, it feels like Nick and his lawyer are essentially trying to just word salad their way out of it. From my limited understanding, a mandatory reporter reported to police "I have reason to believe that the Rekeita family has drugs in their possession and/or is neglecting their children", this was enough to secure a warrant, and then the cops found a whole bunch of other shit too.

I think the fact Nick is trying everything indicates he knows the position he is in. The actions of Nick are not calm, they are someone feverishly trying anything and everything to try and save themselves. If Nick actually believed that there was a mistake made by the police he would follow that and put everything into that. But he knows that he doesn't really have anything and so he is flailing around.

I can feel the desperation in Nick's filings.

I wanted to say this because I didn't see anyone else say this although maybe I missed it.