- Dołączono
- 28 Gru 2014
And he's not asking for that hearing because it's a really fantastic slam-dunk either, it's just that the warrant is clearly facially valid (that is the text in it more than adequately states probable cause). In an ordinary hearing like the omnibus, you don't get to argue outside the four corners of the document and introduce extraneous evidence.The "legal magic trick" would be knocking out the warrant. If the warrant is deemed invalid, any evidence that came from it is automatically inadmissible, this includes all of the drugs they found at his house.
This is why he's been so insistent on a Frank's hearing to challenge the warrant, his entire case relies on it. If (when) that fails, he's completely and utterly fucked and there's no longer anything he can reasonably do to win the case.
You can only do that in a Franks hearing or some other kind of evidentiary hearing challenging the way the warrant was obtained, and it must involve deliberate or more than merely negligent misrepresentations to the court about material facts used to obtain the warrant.
So I don't think this is going to work, but it's really the only way it could work for him. Pure Hail Mary shit. Unless he has something way better than "hurr durr muh watermark" it doesn't fly.
