Date of Offense
Supporting Document(s)
Statement
Movant asserts that law enforcement officer Sgt. Markus Airington, acting under color of state law, failed to disclose material exculpatory and impeachment evidence in violation of the Due Process Clause of the Fourteenth Amendment as established in Brady v. Maryland, 373 U.S. 83 (1963), and its progeny.
Specifically, the affidavit and representations used to obtain and execute the search warrant relied on statements suggesting ongoing criminal activity and probable cause; however, statements made by Sgt. Airington during the execution of the warrant indicate that prior law enforcement encounters with the individuals involved had repeatedly yielded no contraband or evidence of criminal activity. Sgt. Airington further stated that the individuals “always keep their cars clean,” or words to that effect.
These statements directly undermine the credibility of the probable cause asserted in the warrant affidavit and constitute material impeachment evidence that should have been disclosed.
Additionally, the warrant documentation contains material inconsistencies, including discrepancies in the property address, absence of a case number on both the original and certified copies, and conflicting descriptions of the location searched. These irregularities, when considered alongside the officer’s contradictory statements, raise substantial questions regarding the reliability and completeness of the information presented to the issuing magistrate.
The suppression or failure to disclose such material information deprived Plaintiff/Defendant of the ability to meaningfully challenge the validity of the warrant and the credibility of the affiant, thereby violating constitutional due process rights.
Because the withheld or undisclosed evidence is favorable and material to the defense, there exists a reasonable probability that, had the information been disclosed, the outcome of the proceeding would have been different.
Accordingly, this Brady violation warrants appropriate relief, including suppression of evidence, dismissal of charges where applicable, and any further relief the Court deems just and proper.
Important note
Date of information officer used to justify search warrant NOVEMBER 2025
By CI with no verification of reliability
Warrant isssued January 1, 2026 FEDERAL HOLIDAY AT 730 pm
Warrant executed on JANUARY 2, 2026 at 1600
NO CASE NUMBER ON WARRANT
NO SEAL ON WARRANT
