[Music] we shouldn't ought to do is just kind of trickle them out and trickle them out so this case lasts you know two years or something so so what I was thinking I could do today is give you a jury trumpet but if You' got some more motions to file out I'll put it out for another docet call but that'll be a motion cut off meaning that any any arguments you got about this case file them on and we'll hear them all does that I mean does that make sense I guess so okay what about April 23rd in about 5 weeks should give you plenty of time to get your motions F yeah that's right and welcome to facts or frauds what you are witnessing is real the participants are not actors first this morning we've got people the state of Michigan versus Trevor McLoud file 23- 6748 FH Council for the people you want to State your appearance please jul all right and Mr McLoud good morning sir morning um and uh again every time we come into court I'm going to be required by the court rules to confirm that you wish to represent yourself in this matter without the assistance of a of an attorney that's correct all right we uh were here for a docket call as well as several motions that you filed up um that you noticed up um one of them does require uh some uh testimony that was the motion to suppress the chemical test results um you were filing the motion triggers the prosecutor's burden to uh establish that that search was taken properly is there any opening statement you want to make Mr McLoud about your motion to suppress the uh chemical test results and you have an argument you'll have an opportunity to argue after the testimony as well any opening statement you want well I just received an email from the from Julie Rell I don't know if she's a court administrator CL she works in the prc's office okay I just received an email from her on Friday with the the warrant that was never found Discovery or anywhere just turned up Friday magically I guess okay so i' like to open with that okay uh Mr Juliet any opening statement No all right and your witness uh to tr or excuse me conservation officer bero all right Officer bergo would you please raise your right hand for me sir do you solemnly swear that the testimony you're about to give in this matter will be the truth the whole truth and nothing but the truth to help you God yes okay go ahead Mr juliia uh sir can you uh State your full name and spell your last name for the record Alexander bah b o u r GE o i s thank you and where do you work I work for the Michigan DNR how long have you worked there uh I've been I got hired in July I've been working the field since August of uh 2022 so 2022 okay were you working on H September 4th of 2023 yes sir okay and did you have uh some interaction with the defendant Trevor of McLoud that day yes sir is he present in the courtroom if you can see I can't see but I saw him earlier he's in the uh defendant seat I let the record reflect that I let the record reflect the offic identified defendant um yes thank you uh can you describe what cause she have contact with them uh initially on that day uh we were doing a Boi Patrol and uh other cosos notified me and the other officers that were in my patrol boat that there was a boat with uh expired registration uh we went to the forks boat launch to make contact with that uh vessel uh and subsequently uh we found out that the defendant was intoxicated uh while he was operating operating The Vessel and that led to the arrest of him how did you find out he was operating while intoxicated uh once he had exited the vessel uh I noticed that he had to use the the post on the dock for his balance to get out of it uh he took off his sandals then walked uh to the bathroom and as he was walking uh he stumbled and swayed back and forth along the dock uh and up the the ramp of the boat ramp the bathroom uh and then the same thing coming back uh myself and other officers observed this um and that's when we made contact with him okay when you made contact with him were there any other uh signs of intoxication that you could tell yes while talking to him I observed uh slur speech uh when I asked him for his documents for his boat and his driver's license um he U lacked fine motor skills like couldn't pick through the papers uh that's common sign of intoxication uh and then when he was stepping into the vessel to go get the the registration for the vessel uh I noticed that it took him about 10 seconds just to put on one uh of his sandals that would show that he was lacking fine motor skills couldn't put his foot inside of the sandal to put it on did did you perform any standardized field sobriety tests no sir the defendant refused okay um so what happened after he refused the field sobriety test uh myself and officer listen Felts we advised him that he was going to be under arrest for Bui and and asked him to exit the uh vessel that he was in he refused even though we gave him a lawful order uh we told him that if he didn't exit the vessel that additional charges would be brought against him resist and obstruct um he still refused to officer listen felds got inside of the The Vessel with him uh we told him to place his hands behind his back that he was under arrest uh and officer listen phelts went to grab his arms to put his hands behind his back uh the defendant pulled away from officer listen Felts and during this time a scuffle erupted and officer listen Fels fell on top of the defendant um he put his arms in front of him so that way uh he couldn't be cuffed during during this uh tussle officer L fell was able to pull his left arm behind his back and put a cuff on it and then uh the defendant still kept his right arm on his chest uh at this time I pulled out my Taser I took the cartridge off so I could use the Dr dry stun option I had to tell him four times that if he didn't comply he was going to get tased uh and then finally officer listen F was able to pull his right arm behind his back and handcuff him okay so at some point did you arrest him for uh voting Under the Influence yes sir and is there a procedure within the uh uh uh Department of Natural Resources for for what to do when you arrest somebody for for boating Under the Influence do you draw blood or do you use a data master or anything like that yes sir it's the same as if it was motor vehicle um obviously with how he acted we knew that he was going to refuse uh so once we got to the jail uh the the sh County Jail officer was f one read him his di 177 U which I I think it might be called something else for but his chemical test rights um and then I started typing up the search War because we knew that he was just going to refuse uh and then we went and got the the search warrant for his blood okay do you know if he if he actually refused or yes sir okay um and you said you were the one that typed the search warrant yes sir um do you have a copy of the search warrant with you I have it about 10et away from me if you'd like me to grab it can he grab his search War I just want to authenticate it for an exhibit uh sure officer uh bis if you want to go retrieve that okay I to exhibit just turned up on Friday okay well it hasn't been offered just yet but but it's you're about to offer right yes the objection is that it was not provided during during Discovery three different requests for discover response to that I don't know I mean it his it's his motion to suppress the the search warrant I mean I think I should be able to offer it as evidence right well well I mean do you have any response to the uh Discovery objection that it wasn't provided or um I do as far we didn't have the search warrant in our file we had to call up to the jail last week and get it so when we got it that's when we emailed it to them okay that objection Mr McLoud to be overruled it's it's far in advance of trial we haven't even set a trial date we might doing that this morning yet but we we're allow so if we're allowed to keep bringing Discovery I'd like to allow my witnesses that I forgot to call for their Discovery to brought for what for what purpose for the trial the trial yes yeah we haven't even so if I set a trial date today there'll be a deadline to file witness and exhibit lists okay you'll be able to do that yeah yeah yeah Discovery just got to be done well in advance of trial and for purposes of uh responding to your motion today then appropriate all right go ahead um officer do you uh can can you recognize who's the magistrate or the judge that signed the search warrant uh the signature is in cursive but it looks like the first name is Mariah and then Ellen Ellen Bo it's hard to read the the last few letters of her signature but um it was a female that that came in okay and what date was that sir torren issued uh 93 of 2023 approach people's proposed one all right you want to show it to the is that the same thing that you got on the email or yeah okay [Music] adiss all right any objection to the admission of people's it's it's invalid it doesn't have any details it doesn't have a charge the affidavit is supposed to go with it is signed by the judge or by the officer proceed I wasn't provided a copy or shown that warrant at the time of arrest I had a copy in the three request for Discovery okay those objections are overruled people's exhibit one is admitted uh may I continue your yes officer did you uh serve the search warrant on the defendant yes sir and where was that at it was at the shogan county jail okay and did you subsequently uh observe blood being drawn yes sir both myself and uh officer listen Fels were in the room thank you I have question any uh questions for this officer yeah so on the day that you were out on uh saturation Patrol could you explain what saturation Patrol is so yeah yes sir so uh what what we're looking for is uh it was a busy time of the year you know it's voting season so uh what we'll do is we'll put a lot of officers out uh whether it's on the water or on land that would be used for transportation if an arrest is made but we look for um Boi uh any anything to do for uh with alcohol U violations so uh if we came across someone that was under the influence of boating uh typically would we either have officers that would uh take them to the jail for us or uh that could go and Patrol our area once we did that but it's a it's a large number of officers in the area specifically looking for uh Boi and safety issues uh with the voting season okay now these officers have a pretty good training on the laws of ow and have training on how to perform and execute these arrests yes sir okay so are you aware that according to the natural resource Environmental Protection act um section 324 80176 subsection 3 that in order to approach anyone or board their vessels if you suspect be either suspect has to be visibly impaired while underway uh sir you were underway I think we covered this in the first motion you filed you never noted that I was visibly impaired while I was underway in fact you said that you observe me through binoculars to see if my registration was expired is that correct uh yes I did use binoculars to see you uh underway with the vessel and that your expiration was expired yes okay the reason why you approached me was the expired registration is that correct uh well we we docked next to you to talk to you about the registration but once we do next to you then we observed the signs of impairment uh which even if you didn't have expired registration uh I still would have made contact with you because of the recent suspicion of intoxication and when you report you state the reason you and your partner approach me and my family was due to an out ofate registration is that correct that was one of the reason yes sir but again I we would have made contact with you regardless of the registration because of the stumbling and swaying up the ramp is it a common protocol to run a boat's license number on vessels that have an expired registration I I can't if I want to double check that it is actually expired which typically I would do that if you could provide some type of registration that would prove that it wasn't that's when I would that would run the number uh through lean to see if it actually was expired um and that if it if it wasn't expired then we'd go through other avenues such as failing to display the the new decal okay so would you admit that you're trained to notice outut ofate registration stickers on boats and offboard vehicles yes sir okay is it safe to say that you likely noticed my out ofate registration when we're actually launching our boat right next to you well we we noticed your registration well the other officers did notified us of it and then we went to the scene observed it observed that you were the uh the driver that they St it was driving that you were the vessel that that had the expired registration everything matched that we had the correct vessel that was pointed out by other officers uh and that's when we docked next to you uh so so that so that day Mr bis that day we launched I launched my boat right next to you guys launching into the water around two o'clock is that correct not that I'm aware of okay so when I was when I was um swimming with my family out in the lake and you guys r by us very slowly with no other boats around and waved at us you didn't notice my registration then well so there was probably 10ish officers it probably wasn't me because I don't recall and if if that was you sir uh obviously we would have answered my question okay is there a safety measure in place for officers to be sure that they're not encountering Native Americans on the water as they do not need registration how do you approach that situation well sir we treat everybody as if they're State uh fishermen or Recreation uh once we make contact with the individual and they advise us that they are tribal um depending on what treaty they're in uh in your case the Sue tribe and the 1836 treaty uh we do have the jurisdiction to still check that you have everything that you're required by your tribe uh and continue a check and if you don't have uh the the stuff that you're you need so say you're spearing you have to have special permits that uh the tribe not did you search did you search my vessel that day to check and see if I had the required stuff no sir because you weren't in the act of fishing you were you were driving the boat just down up the river so you didn't search my boat to see if there was any equipment that could that could indicate that I was fishing no sir because it's not applicable to the the violation you didn't search so you didn't search my boat is that correct no sir do you have any evidence that at the time I was operating in the vessel that my BAC was over the legal liit I had probable cause to believe that you were intoxicated upon the arrest you have any evidence well Mr McLoud that's not even relevant to your to the question here today this whole this whole thing is irrelevant I me it's all based on here saying what these these lion cops are talking about well this is a motion about whether the whether the results of the blood test are admissible so if you can direct your questions toward that question you say you obtain a warrant to draw my blood that's correct yes sir why wasn't I shown or given a copy of the warrant upon release uh myself and officer listen PHS actually left copies with the jail as the prosecutor stated earlier that's why they weren't sent by me to the prosecutor I have the affidavit and the search War right next to me uh I believe they made copies or at least they we left the return and tabulation which you required to by law so um that was left for you uh at the jail by us and officer listen felds could testify this as well um but everything all legal processes were covered by by us at the JY is it is it common procedure to not uh sign a affidavit that goes with the warrant I'm I'm sorry what do you mean by that all my a Davids are all signed I'd like to uh submit exhibit the exhibits from my motion to suppress exhibit four all three pages four into evidence that's the uh the warrant it's well I didn't have a copy of the warrant it's a it's just unsigned documents that are supposed to be accompanying the one so exhibit 40 year motion was the it says warrant felony and uh and then it's got the signature page with no signature and the return that's not filled out yeah and actually exhibit three also the affid prob cause sign okay the F cuse exhibit all right that's the two pages any objection to the admissions of those uh pages will mark it as defendants a all right save the list mark it as defendants a okay yeah all right so those documents are admitted into evidence McLoud question any redirect um no all right thank you officer B thank you further testimony needed from him today no okay all right argument on the motion to suppress the uh chemical test results Mr mlow well the the I've already shown that the warrant in it's got unsigned documents that are supposed to be accompanying it so I would I would say that uh it should be upheld that this this warrant was invalid it was executed improperly it was not served on me it was not given to me if I release it was not found in Discovery with three requests was very conveni that turned up Friday right thank you Mr uh Juliet uh just briefly just based on I understand the court has to make a credibility assessment here on whether the officer did in fact um type up a search warrant and serve it on the defendant he certainly had probable cause to uh draw blood it's common procedure when somebody refuses a chemical test uh the defendant displayed of intoxication which led um to the arrest for voting Under the Influence he refused A chemical test when offered one based on the observations of the officer he had probable cause to uh to submit for a search War for blood he did that um he typed out the affidavit and it looks like to me it looks like it's electronically signed um on defendant exhibit 3 he said that he served it on the defendant left it in jail uh so I would Court to deny the defendant's motion all right well the uh the motion was to suppress the results of the blood test for alcohol in Mr mccloud's body because the blood was drawn without a warrant based upon the officer's testimony and people's exhibit one that blood was in fact taken pursuant to a search warrant issued by a magistrate uh so therefore it didn't violate the Fourth Amendment uh the complaint affidavit and warrant that the defendants referring to are the charging documents for the issuance of the charge that doesn't have anything to do with the uh drawing of the blood uh there was a warrant for the drawing of the blood and it was and it was drawn and uh the officers testified that they did leave the warrant and tabulation in affidavit at the jail for him uh whether that got to him or not is frankly immaterial even if it didn't that doesn't invalidate the action of drawing the blood that would violate the four Amendment if it was done without a warrant but it was done with a warrant so that motion is is denied Mr McLoud you also have a motion to dismiss on procedural grounds for a probable cause conference not being timely held or validly waved any additional argument you want to make on that motion yeah the the waiver was supposed to be signed by both parties that's state law and uh and only the prosecu attorney signed it and neither my defens attorneys or myself signed it which is curious that transpire he Mr Julian uh just briefly I I did submit a response to this and I I did research the case law on this I did confer with District Court it doesn't look like a probable cause Conference was held uh but I did read the case cited by the defendant in his motion that dealt with uh the failure to hold a preliminary examination within the uh the statutory time period um that doesn't uh warrant dismissing the case if any anything that would uh call for a remand perhaps to disre but in this case and in the case that I cited there has to be some showing of prejudice uh by not holding the pr preliminary exam or probable cause conference by analogy in this case there was a preliminary exam that was held and it was bound over by judge vau so I don't think there could be any Prejudice by failing to hold the prop cause conference all right yeah Mr McLoud the purpose of the probable cause conference is to see whether somebody wants to run the prelim or wave the prelim to address any bond issues you were already free you weren't being held in jail and you did run the prelim so there's even if a probable cause conference wasn't held no going stopped a lot of those procedures because the probable cause is all hear say no no no but but see probable cause conference the prosecutor doesn't have to prove probable cause at that hearing they have to prove it at the preum the probable cause conference it's maybe not a great name for it but that that conference is just to address are we running a prelim what issues might there be at the prelim should the defendant be released from the jail pending the prelim but does it not still need to be waved by both parties it does but the but the fact that it didn't has no Prejudice to you so a defendant moves to dismiss the case on the ground the probable cause conference was not timely held and that it was not validly waved actually defendant I'm making my ruling now Mr defendant relies on people the Weston involving the failure to timely hold a preliminary Examination for an in custody defendant his Reliance is misplaced however in people be Crawford the Michigan Supreme Court held that the W Weston remedy must be invoked prior to the preliminary examination being held in any event Weston did not address probable cause conference which did not exist at the time the probable cause conference is to address possible plea negotiations Bond matters and the scheduling of the preliminary examination defendant has known show shown no Prejudice even if a probable cause conference was never held and not validly waved moreover defendant exercised his right to the preliminary examination dismissal is an extreme remedy and defendant has not shown that it is warranted accordingly his motion to dismiss is denied you say exercise my right to preliminary wasn't that kind of a forc situation under duress and threat of arrest it's your right to have a prelim and you exercised it so you exercised a right and it was H so there's no harm to you you exercise the right all right now you filed um a second motion to suppress uh based on lack of sufficient basis for law enforcement officer to make contact um I'm not entertaining oral argument on that motion it's just a repeat motion defendant moves to suppress evidence and dismiss the case based on a lack of sufficient basis for the law enforcement officer to make contact with him and a lack of evidence of his intoxication or parment this motion essentially raises issues that were argued in defendant's first motion to suppress as explained previously the officer had legitimate grounds to approach defendant based upon his observation of defendant operating a marine Vessel with expired registration upon initial contact the officer detected signs of impairment therefore both his initial contact and his investigation were entirely lawful accordingly defendant's second motion to suppress is denied Mr McLoud you also filed a motion to reconsider the mo the reconsideration that's not really authorized in the court rules I'm not entertaining oral argument on that defendant moves for reconsideration of this Court's recent order denying his motion to reconsider this Court's denial of his motion to suppress evidence for an allegedly illegal police contact as the moving party defendant Bears the burden of demonstrating a palpable error by which the court and the parties have been misled and that a different disposition must result from correction of the error moreover a motion for reconsideration which merely presents the same issues ruled on by the court either expressly or by reasonable implication will not granted defendant essentially raises the same issues that have already been briefed and argued defendant has failed to meet its burden of demonstrating a palpable error accordingly the motion for reconsideration is denied I think you're you're failing to notice or recognize the lack of jurisdiction that you have in this well that brings us to you filed three more things and uh I want to address those today because today was the motion cut off so you've got a motion and I don't consent to that anymore either time to F these motions NOP no today's the motion cut off you filed three more I'm going to hear them today you have a motion for dismiss to dismiss for lack of jurisdiction we've addressed the jurisdiction previously we don't have jurisdiction I already ruled that I did have your own Juris this motion is denied this court does indeed have subject matter jurisdiction over the charges by law I object [Music] objection is noted and your motion is denied all right you filed a motion for disclosure of bonds I don't even understand what you're talking about I don't somebody else hang that what's that I don't understand you don't understand it either okay so where did these dummies get these dumb ideas the same place that wants you to believe your miserable ant and closeted uncle are actually happy the internet and that motion is denied it's uh it's legally nonsense all this and Mr M you're fin I mean I'm letting you represent yourself and you're telling you're filing motions that you're telling me today you don't even understand that's not a very responsible way to proceed there's also a motion to recognize your subreg rights I have no idea what you're talking about do you can you explain it to me it's not necessary that that motion is denied it again is legal nonsense all right the time for motions has come and gone I don't consent to that well you you don't have to consent to that I gave you a motion cut off all the motions have been denied now is the time Mr McLoud where you have the constitutional right for a during trial so I can set this trial for uh would two days suffice Mr Mr Juliet I think we could probably do it in one day all right well just to be safe we'll schedule it for two days then um I can schedule for a jury trial Mr McLoud on Thursday Friday August 8th and 9th and what we'll do is we'll be here Thursday August 8th to select the jury and um then we'll go immediately into the trial as needed we can um we'll continue into Friday I'll have you both file witness and exhibit lists within 21 days of today's date also I'm going to have you all I'm going to have you file uh any side that wants to I mean the people have to if you want to you can as well proposed jury instructions um by uh 21 days from today motion to to stay the court while I leave to bring this into to the Western District federal court where it's supposed to be H there's questions that you're answering and having opinions on that you don't have the jurisdiction to have answers I brought that up in several motions and that you do it's C written in consent decree you don't that's manifestly untrue Mr McCloud I mean the consent decree doesn't mean that you can drive on on a boat Trum and if the police catch you doing that that comes in State Court it doesn't come in federal court AR you supposed to be an unbiased I am unbiased you may not have been drunk that will be for the jury to decide I'm just saying I have jurisdiction over that allegation it's not a federal you're interpreting the fact that you're trying to say that I was supposed to notify a man of Native American not true and that's your interpretation you're having an opinion all right that's fine and if I'm wrong another Court can tell me that I'm WR to stay the court so I can take this to the proper court for an opinion on what you're trying to have an opinion on that you're not allowed to have denied you can go to that court and if they stay it they'll stay so what we're going to do is we're going to have within 21 days of today both sides will file jury instructions and witness lists and exhibit list for trial we're going to come back for a docket call on May 28 at 9:30 in the morning in person here in the courtroom and jury trial is scheduled for August 8 and 9th anything else today Mr McLoud that's fine well you don't I mean I'm giving you your jury trial right so you can have you can have a jury trial the jury's going to decide if you're guilty trial by jury is what I require what's that trial by jury correct yes it's trial by jury yeah all right anything further Mr Juliet no all right have a good day do you think this show is educational yes it'll drive people to read books and once again thanks for hanging out with us on faer frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell for notifications so next time Premier video you can me in the live chat with everyone else and leave a comment in the comment section tell me what you think and a huge shout out to every single one of our facts or frauds channel members thank you I appreciate you [Music] all and if you're still hanging around thank you I appreciate you all make sure you hit that thumbs up button you're subscribed ring the bell and leave a comment in the comment section tell me what you [Music] think till next time I'll see you soon [Music]