A Duluth woman is seeking a contested omnibus hearing to exclude evidence obtained from a search warrant, which allegedly had no probable cause.
Michelle Dawn Brownfield is charged with two counts of third-degree criminal sexual conduct after an investigation found she had inappropriate relationships with two men she was assigned to treat at the Minnesota Sexual Offender Program in Moose Lake.
Brownfield was a psychologist at the MSOP facility, which serves clients who are committed as sexually dangerous or sexually psychopathic personalities.
Brownfield's attorney, Max Keller, filed documents with the court seeking to exclude contents of her phone, saying there were material omissions in the search warrant affidavit and asking for a Franks hearing.
A Franks hearing comes from the 1978 Supreme Court case Franks v. Delaware, and would be used to determine whether a police officer lied in obtaining a search warrant. The hearing could occur after the next omnibus hearing where the judge is set to determine whether the search warrant was justified.
PREVIOUSLY: Psychologist at Moose Lake's Minnesota Sex Offender Program accused of sexual misconduct
Keller listed other issues with the warrant in his notice, including lack of probable cause. He also argued the scope of the warrant was too broad, and said even if the scope of the warrant was not overly broad, the search of the Brownfield's phone exceeded the warrant's scope.
The contested omnibus hearing is scheduled for 8:30 a.m. Dec. 10, and is to be heard by Judge Amy Lukasavitz.
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November 04, 2021 at 01:03AM
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