After losing a key ruling in the YoungBoy Never Broke Again firearms case in Louisiana, prosecutors are asking a federal judge to ‘reconsider’ his blockbuster decision and allow jurors to see videos obtained through this which the court called a faulty search warrant.
In new documents obtained by rolling stoneprosecutors say they ‘unfortunately’ did not fully brief the court on two issues they say torpedoed YoungBoy’s successful effort to suppress video allegedly showing him with one or more guns before his arrest in September 2020 in front of his grandfather’s house in Baton Rouge.
Prosecutors who previously focused their energy on defending the search warrant are now arguing that YoungBoy, whose legal name is Kentrell Gaulden, actually lacked enough standing to even challenge the admissibility of the videos in the first place. “Gaulden has no Fourth Amendment ownership interest in the videos as they were commissioned by a limited liability company named Big38Enterprise,” they claim in their new filing.
Prosecutors further allege that Gaulden has no interest in protecting Fourth Amendment privacy in the videos, as they depict “conduct he knowingly exposed to the public on the streets of Baton Rouge.”
“Gaulden alleges that the seized videos contain ‘intimate images of Gaulden with his family,'” reads the new nine-page reconsideration request filed Tuesday. “However, as described in the original U.S. objection and never challenged by Gaulden, the only videos the U.S. intends to introduce as evidence at trial do not depict such private matters. On the contrary, they depict Gaulden engaging in criminal activity – that is, possessing firearms – in public.
“The compelling evidence of Gaulden’s brazen criminal activity should not be excluded from the trial because Gaulden’s personal rights were not violated by the searches and seizures at issue. The onus was on Gaulden to prove he was on his feet, and he failed to do so. The video evidence should therefore be admitted at trial,” the prosecutors argue.
“It’s just a failed attempt to get [the judge] reconsider. They won’t get the result they want,” said YoungBoy’s attorney, Drew Findling. rolling stone. “His order was extremely complete. I can’t imagine there’s one thing she missed. So I really doubt any hesitation on their part will make her reconsider what she’s already spent an awful lot of time deciding.
In her Feb. 24 ruling currently at issue, U.S. District Court Chief Judge Shelly Dick ruled that the videos were improperly researched by Baton Rouge police after SD storage cards were seized near the scene where YoungBoy was arrested on September 28, 2020 alongside several other associates. The warrant “was invalid on its face,” the judge wrote in her split decision which denied a separate motion by the defense to remove the firearms seized from the scene.
The judge said the video warrant had been ‘rendered invalid’ because the officer who drafted it included ‘misleading information’, namely a statement claiming that a ‘reliable witness’ had told police that a group of people waving guns and filming a rap video outside. home on September 28, 2020. In fact, the allegation regarding the “rap video” was relayed to a senior officer on September 27 by a so-called “reliable source”, while the allegation regarding people wielding firearms came from an anonymous 911 call on Sept. 28, the judge said.
“The whole truth would have included that the rap video tip arrived on September 27 – not September 28 – which would have negated probable cause to search SD cards and camera for evidence of who owned weapons fire or narcotics on September 28,” Judge Dick wrote in his decision.
Currently under pretrial house arrest following his release from prison in October, YoungBoy has pleaded not guilty to charges that he was a felon in possession of unregistered firearms. His trial in that case was recently pushed back to July 11.