Federal prosecutors say they “regrettably” failed to fully argue their case before a judge ruled that seized video would be off limits in the gun case due to an improper search warrant
Prosecutors further claim Gaulden has no Fourth Amendment privacy interest in the videos because they depict “conduct he knowingly exposed to the public on the streets of Baton Rouge.”
“The compelling evidence of Gaulden’s brazen criminal activity should not be excluded from trial because Gaulden’s personal rights were not violated by the searches and seizures at issue. It was Gaulden’s burden to prove standing, and he did not do so. The video evidence should therefore be admitted at trial,” the prosecutors argue.
In her Feb. 24 decision now at issue, U.S. District Court Chief Judge Shelly Dick ruled that the videos were improperly searched by Baton Rouge police after SD storage cards were seized near the scene of whereSept. 28, 2020 alongside several other associates. The warrant “was invalid on its face,” the judge wrote in her split decision that denied a separate defense motion seeking to suppress firearms seized at the scene.
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