MINNEAPOLIS — A federal judge has rejected claims of vindictive prosecution in the sting operation case of a former Northern Minnesota Republican lawmaker.
Former state Sen. Justin Eichorn, 41, of Grand Rapids, claimed in his argument that he was singled out for a federal charge compared to others arrested in the same Bloomington prostitution sting in March, when an undercover officer posed as a 17-year-old girl online to arrange for paid sex.
Eichorn moved for the indictment to be dismissed on the grounds of selective prosecution based on his status as a public official.
“Eichorn is the only individual being prosecuted who was a sitting politician at the time he was charged federally,” stated Eichorn’s Oct. 20 defense motion. “Additionally, Mr. Eichorn is the only defendant involved in the Bloomington sting operation who has no criminal history yet is being prosecuted in federal court.”
In the ruling rejecting most of Eichorn's motions, U.S. Magistrate Judge Shannon G. Elkins stated three other men of the 15 arrested in the Bloomington operation are also facing federal charges.
“Under his conception of the law, every public official would be shielded from criminal prosecution for every federal offense,” submitted the prosecution, U.S. Attorney Daniel N. Rosen, on Oct. 27. “He is wrong. Eichorn’s argument fails on the law and has no basis in the facts.”
Eichorn also made a motion to suppress evidence, which was denied. He claimed officers unlawfully seized evidence because they lacked probable cause to arrest him and search his truck.
In an order filed Wednesday, Nov. 26, the judge found the text message exchange between Eichorn and the undercover agent granted enough probable cause for the arrest.
“The arresting officer could reasonably conclude based on the text messages discussing rates for sexual acts, the decoy’s stated age of 17 years old, and Eichorn’s actual arrival at the agreed upon meeting place that he was attempting to violate [the law],” Elkins’ order stated.
Elkins also noted vehicles can be searched without warrants under the vehicle exception of the Fourth Amendment, where officers can search a vehicle if they have reason to believe it contains contraband or other evidence of a crime.
“The two Apple iPhones, unopened condom, and cash in the driver side door, were recovered in an area within the scope of a search incident to arrest,” she stated.
One of Eichorn’s motions was granted in part: ordering the government to provide the true date of birth of the undercover officer who posed for the photograph to which Eichorn responded.
The order does not comment on the information’s admissibility in trial.
No trial date has yet been announced, though Eichorn and his defense team have until Dec. 10 to object to the judge’s order and recommendation.
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