YOUR AD HERE »

District attorney wants judge to reconsider ruling in drug case

Alan Riquelmy
ariquelmy@theunion.com

A man who challenged a search warrant that authorities say revealed drugs in his home has won a legal battle that will stop certain evidence from reaching a jury, officials said.

Michael David Habig, 40, successfully argued this month that a search warrant penned by Nevada County Sheriff’s Office Detective Jason Mackey failed to list his correct address. That error led a Nevada County Superior Court judge to rule evidence gained from the search warrant will be suppressed, District Attorney Cliff Newell said.

Newell added, however, that he’ll get another chance on May 30 to convince Judge Robert Tice-Raskin that he should reconsider his earlier decision.



“This is simply a legal argument over the way the search warrant was written,” Newell said. “They searched the correct address, but they listed the wrong address on the search warrant.”

The law office of Greg Klein, which represents Habig, declined to comment.



Habig’s case involves a deputy who some defense attorneys have argued has integrity and credibility issues. An internal sheriff’s office investigation revealed no misconduct by the detective.

Newell noted the issue with Mackey’s warrant in Habig’s case focuses on the listed address only.

According to Newell, Habig’s property is in rural Nevada County — an area where lots aren’t clearly marked. The street number that appears in front of Habig’s home doesn’t apply to his residence, but instead to a nearby vacant lot.


Support Local Journalism

 

Support Local Journalism

Readers around Lake Tahoe, Truckee, and beyond make the Sierra Sun's work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.

Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.

Your donation will help us continue to cover COVID-19 and our other vital local news.