NBA YoungBoy Prosecutors Beg Judge to Reverse Video Suppression Ruling

After shedding a key ruling in YoungBoy By no means Broke Once more’s felony gun case in Louisiana, prosecutors are asking a federal choose to “rethink” her blockbuster resolution and permit jurors to see movies obtained via what the court docket has referred to as a defective search warrant.

In new paperwork obtained by Rolling Stone, prosecutors say they “regrettably” failed to completely temporary the court docket on two points they consider would have torpedoed YoungBoy’s profitable effort to suppress the video purportedly exhibiting him with a number of firearms earlier than his September 2020 arrest exterior his grandfather’s residence in Baton Rouge.

Prosecutors who beforehand centered their power on defending the search warrant now argue that YoungBoy, whose authorized title is Kentrell Gaulden, truly lacked enough standing to even problem the admissibility of the movies within the first place. “Gaulden has no Fourth Modification property curiosity within the movies as they have been commissioned by a restricted legal responsibility firm named Big38Enterprise,” they allege of their new submitting.

Prosecutors additional declare Gaulden has no Fourth Modification privateness curiosity within the movies as a result of they depict “conduct he knowingly uncovered to the general public on the streets of Baton Rouge.”

“Gaulden alleges that the seized movies comprise ‘intimate footage of Gaulden together with his household,’” the brand new nine-page request for reconsideration filed Tuesday reads. “Nevertheless, as described in the US’ authentic opposition and by no means disputed by Gaulden, the one movies that the US intends to supply as proof at trial don’t depict such non-public issues. Fairly, they depict Gaulden partaking in felony exercise — i.e., possessing firearms — in public.”

“The compelling proof of Gaulden’s brazen felony exercise shouldn’t be excluded from trial as a result of Gaulden’s private rights weren’t violated by the searches and seizures at concern. It was Gaulden’s burden to show standing, and he didn’t accomplish that. The video proof ought to due to this fact be admitted at trial,” the prosecutors argue.

“That is simply an unproductive try to get [the judge] to rethink. They gained’t get the end result that they need,” YoungBoy’s lawyer Drew Findling tells Rolling Stone. “Her order was extraordinarily complete. I can’t think about there’s one factor she missed. So I actually doubt any second-guessing on their half goes to have her rethink what she’s already spent an amazing period of time deciding.”

In her Feb. 24 resolution now at concern, U.S. District Court docket Chief Choose Shelly Dick dominated that the movies have been improperly searched by Baton Rouge police after SD storage playing cards have been seized close to the scene of the place YoungBoy was arrested Sept. 28, 2020 alongside a number of different associates. The warrant “was invalid on its face,” the choose wrote in her break up resolution that denied a separate protection movement looking for to suppress firearms seized on the scene.

The choose stated the video warrant was “rendered invalid” as a result of the officer who wrote it included “deceptive info,” specifically an announcement claiming {that a} “dependable witness” had knowledgeable police {that a} group of individuals have been brandishing firearms and filming a rap video exterior the house on Sept. 28, 2020. In actuality, the allegation concerning the “rap video” was relayed to a senior officer on Sept. 27 by a so-called “dependable supply,” whereas the allegation about folks brandishing firearms got here from an nameless 911 name on Sept. 28, the choose stated.

“The entire fact would have included that the tip concerning the rap video got here in on September twenty seventh — not September twenty eighth — which might have negated possible trigger to look the SD playing cards and digital camera for proof of who possessed firearms or narcotics on September twenty eighth,” Choose Dick wrote in her ruling.

Now serving pre-trial home arrest after his launch from jail in October, YoungBoy has pleaded not responsible to expenses he was a felon in possession of unregistered weapons. His trial within the case was lately pushed to July 11.