From the Sacramento Bee,
The March 2015 kidnapping of Denise Huskins in Vallejo made headlines worldwide when police mistakenly labeled it a hoax, then admitted that it happened – complete with bizarre details involving the use of drones, sedatives and disguises.
Now, the case may get even stranger.
Tom Johnson, the Sacramento attorney representing suspect Matthew Muller, is headed to court this week seeking to have all the evidence against Muller tossed out, which would scuttle the case.
Johnson’s argument is based on the claim that Muller, a Harvard Law School graduate and former Marine who served in Afghanistan, was arrested solely because he left his cellphone behind when he fled from a home he had broken into, and that police found it and searched it illegally to find out who owned it.
The search was conducted by Dublin police when Muller broke into the home months after the Huskins abduction, then executed a hasty retreat when the homeowner fought back.
“This search was warrantless, unlawful and all the evidence obtained after the search should be suppressed,” Johnson wrote in a motion filed in U.S. District Court in April. “The search was the genesis of the entire investigation against Mr. Muller.
Read more here: http://www.sacbee.com/news/local/crime/article84916032.html#storylink=cpy