John Chiv: Federal Judge's order puts onus on Humboldt Superior Court for the hearing on the motion to supress evidence from federal raid

Dec 10, 2021

Federal Judge's order puts onus on Humboldt Superior Court for the hearing on the motion to supress evidence from federal raid

Ray Christie hearing December 16 on defense motion to supress in federal court was vacated. If Humboldt Superior Court screws around with the evidentiary hearing on the motion to supress in Christie's local case and doesn't follow the law, they provide another opportunity for the state and nation to see Humboldt injustice and be embarassed and excoriated like the Magney case.

As a result of the Magney debacle, former Deputy County Counsel Blair Angus and current Humboldt County Counsel Natalie Duke are waiting for a ruling from the State Bar Court trial on disciplinary charges against them.

I have included some relevant portions from Chief United States District Judge Richard Seeborg.

"Christie has other avenues to pursue suppression of the evidence. He has raised no concern that the Humboldt County Superior Court will not adequately consider his constitutional arguments, and he has a motion to suppress pending before that court."

"This ruling does not address whether any of the government’s actions during the search of Christie’s property ran afoul of his constitutional rights. Christie may litigate the constitutionality of the search and seizure in the motion to suppress pending in State court, or in a motion to suppress before the district court should federal charges be filed."

"Plaintiff Raymond Frank Christie filed a motion for return of property under Federal Rule of Criminal Procedure 41(g) following the execution of a federal warrant at his property in Humboldt County, California. Christie argues that the search violated the Fourth Amendment and that federal agents violated his Fifth and Sixth Amendment rights when questioning him. As no federal criminal charges are pending against Christie, this motion is treated as a civil complaint governed by the Federal Rules of Civil Procedure. See United States v. Ritchie, 342 F.3d 903, 906-07 (9th Cir. 2003). When reviewing a motion for return of property under Rule 41(g) when no federal criminal charges are pending, the district court must undertake a multi-factor inquiry to determine whether to exercise jurisdiction over the proceeding and reach the merits of the motion. "

"Christie is a cattle rancher in Humboldt County. The Humboldt County District Attorney’s Office is currently prosecuting him for alleged animal cruelty. See People of the State of California v. Raymond Frank Christie, CR1802751 (Humboldt County Superior Court). A first trial resulted in a deadlocked jury, and a retrial is scheduled for January 31, 2022. On October 7, 2021, a magistrate judge of this Court signed a search warrant to be executed at Christie’s property in Humboldt County. Federal agents, including an agent from the U.S. Department of Agriculture, executed the warrant on October 13, 2021, along with deputies from the Humboldt County Sheriff’s Office. "

Earlier post:

https://johnchiv.blogspot.com/2021/12/defense-forced-to-subpoena-deputy-da.html?m=1

Recent posts:

https://johnchiv.blogspot.com/2021/11/the-governments-hands-are-filthy.html?m=1

https://johnchiv.blogspot.com/2021/11/i-am-not-impugning-anyones-character-i.html?m=1

https://johnchiv.blogspot.com/2021/11/did-deputy-da-steward-lie-to-or-mislead.html?m=1

https://johnchiv.blogspot.com/2021/11/speaking-of-carcasses-and-animal.html?m=1

https://johnchiv.blogspot.com/2021/11/knowing-how-humboldt-superior-court.html?m=1

https://johnchiv.blogspot.com/2021/11/motion-to-supress-evidence-from-federal.html?m=1

https://johnchiv.blogspot.com/2021/11/your-raid-came-dangerously-close-to.html?m=1

https://johnchiv.blogspot.com/2021/11/federal-raid-on-videomiranda-right.html?m=1

https://johnchiv.blogspot.com/2021/11/our-client-was-subjected-to.html?m=1