Jess Johnson
New Member
- Jurisdiction
- Minnesota
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NEED LEGAL OPINIONS????????
In Leon, the Supreme Court articulated the good faith exception to the exclusionary rule, holdingthat evidence obtained in violation of the Fourth Amendment is nonetheless admissible if theofficer who conducted the search acted in good faith reliance on a search warrant. Id. at 922-23."That [an] officer obtained a warrant is prima facie evidence of good faith." United States v. Elst,579 F.3d 740, 744 (7th Cir. 2009).A defendant may rebut the prima facie evidence of good faith by presenting evidence toestablish that: (1) the issuing judge wholly abandoned his judicial role and failed to perform hisneutral and detached function, serving merely as a rubber stamp for the police; (2) the affidavitsupporting the warrant was so lacking in indicia of probable cause as to render official belief inits existence entirely unreasonable; or(3) the issuing judge was misled by information in anaffidavit that the affiant knew was false or would have known was false except for his recklessdisregard of the truth.1)Judge Steven John Wentzell is a former district atty for Kandyohi County and the CEE XI Taskforce in located or a part of the Kandyohi County Sherrifs Department."''He must be neutral and detached, and he must be capable of determining whether probablecause exists for the requested arrest or search.''I have a potential problem with Bill Hudson using a judge he potentially is friends with andhas had serious history with when Wentzell was an assistant county attorney. I feel this couldborderline aninfraction of impartiality or neutrality when considering a search warrant leadinghim to "rubber stamp" or show favoritism towards Deputy Hudson by signing search warrantswith serious probable cause issues to be served on people like myself and then fallin behindthe "good faith" clause to excuse his failings and violations of the 4thamendment, allowingillegally obtained evidence to be admissible in court to the officers advantage.(2) the affidavit supporting the warrant was so lacking in indicia of probable cause as to renderofficial belief in its existence entirely unreasonable;In regards to probable cause issues: This search warrant, then subsequently the secondwarrant of the vehicles, land in an absurd realm lacking valid probable cause. Theydo agarbage pull and acquire a glass bottle of all things and do a field nic test (the garabge has anunknown quantity of contaminants from medications, cat litter, feces and claim that the bottlecomes back positive for the presence of meth but dont wait to have any real laboratorytesting and based off that contaminated test, us it to help sustain probable cause with theirrubber stamping judge. Not only do I challenge the accuracy of the nic test itself but I alsochallenge the officers testing and thevalidity of said testing knowing that the officer failed torule out the potential for contamination previously stated. Hudson clearly doesn't miss a beatexclaiming his brilliance through training with "numerous hours of training and experience indetection and investigation of controlled substance crimes" or his "attendance at several POSTcertified courses taught by the BCA or his experience through class attendance taught by theBCA, which included, but not limited to instruction on drug identification, evidence handling, druginterdiction ect ect"
