Defense attorneys question method to obtain warrant for Rulo storage unit

FALLS CITY – Defense attorneys are asking a district judge for a hearing to question the method the Richardson County Sheriff’s Office used to obtain a search warrant for a storage unit in Rulo.

Attorney Allen Fankhauser filed a suppression motion in district court claiming that a deputy did not provide County Judge Curtis Maschman with accurate information in order to get the warrant on July 23.

The motion says a key witness named by the deputy denies that he witnessed a crime, denies that he flagged down deputies and that he smelled strange fumes.

The motion says the deputy did not confirm the reliability of the citizen witness.

Fankhauser also notes that the assistance of the Brown County sheriff’s deputy was relied upon because his dog indicated to the storage unit, but  said the judge did not receive information about the dog's certification.

Deputy Richardson County Attorney Samantha Scheitel said the dog is certified in Nebraska for law enforcement.

Fankhauser requests a Franks hearing with Judge Julie Smith.

In Franks, the U.S. Supreme Court held that a search warrant may be invalidated if a defendant proves that the affiant officer “knowingly and intentionally, or with reckless disregard for the truth” included  misleading statements,  which were necessary to establish probable cause.

The defense offers an affidavit from the owner of the B and B Boat Storage in Rulo. The owner says the key witness cleaned up and mowed after the flooding, but quit at the end of 2019.

Deputy Sheriff Zachary Ractliffe told the court in September that two plastic bags with meth residue, several other bags, a digital scale and smoking pipes were found in the storage unit.

Deputies arrested Tracy Griffin, 46, of White Cloud, Kan., and Daniel Clary, 48, of Falls City for suspicion of delivery of a hazardous drug. Both cases are on hold pending a court ruling on the motion for a hearing regarding validity of the search.