District attorney wants judge to reconsider ruling in drug case
May 17, 2017
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.
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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.