SpergioLeonne
kiwifarms.net
- Joined
- Feb 7, 2022
I don’t think it would, because I don’t think it would matter at all if Aaron had lied his ass off.It would throw a wrench into things if Nick wasn't so incompetent and had managed to supplement his Frank's motion with some actual evidence.
All it really would have taken is some text messages that can be interpreted as harassment or threats and establishing in some way that Aaron is having a real beef with Nick and April.
First, whatever Aaron said to the police was just a single element listed towards probable cause, and that list is overkill. Nick’s coke nose stream by itself is sufficient probable cause. So, whatever the case may be with Aaron’s statements to police, retracting them completely would not affect probable cause having been met to issue a warrant
Second, the warrant was issued because the judge looked at everything presented and said “yeah, there’s probable cause to suspect Nick Rekieta is up to some shit and has drugs.”
Unless material misrepresentation occurred intentionally on the part of the applying officer or the judge, how do you say “well the judge didn’t REALLY have reason to assess the probability of a crime occurring”? That’s immaterial.
If shaqueefa calls the cops and says latonya has drugs because of some petty beef, and the cops end up finding drugs on latonya, I sincerely doubt it matters whether shaqueefa was being malicious or not. They had probable cause because of the report, and you can’t retroactively invalidate a warrant itself on the basis of a bad faith report when the search was conducted appropriately as a result of good faith on the responding officer
If that sort of situation came to light, the appropriate remedy would be to charge the malicious actor, not to let off someone who was duly searched and found in possession of drugs