The following letter from Brian Aberle dated August 1st was recorded with the Clerk of the Court for Ashe County, North Carolina:
According to 15a-611a3, I wish to testify as a witness at my long awaited Probable Cause hearing. I submit to the court that my case is misunderstood by over-zealous prosecution and some easily verifiable fact will eliminate this misunderstanding thereby justifying this:
A) Motion to Dismiss, and this
B) Motion to Suppress Evidence at this trial that I want to happen ASAP according to this
C) Motion for a speedy Trial.
The evidence was obtained unlawfully according to 15a-974. I am a credited neuromedicine researcher with clients and research publications potentially protected by code 122c-210. Expert testimony called according to 8c-1 702 and my professional experience in oncology at Siemens Medical and management experience at Kaiser Permanente and my publications at ResearchGate.net will be the basis for my professional research qualification.
The Motion to Suppress is founded on the fact that the probation arrest was overly aggressive by definition of law in 15a-1345 as 10 officers searching my home for 2 hours produced only 3 grams of mushrooms that were mistakenly presumed to be hallucinogenic. They came with an intent to arrest although there had been no violation of probation conditions.
15a-254 states that a list of items seized shall be produced and 15a-257 states that the list shall be produced “without unnecessary delay”. However, officers continued to search my home while I was imprisoned – a violation of 15a-251 which states that an officer may break and enter a home by force only when admittance is denied or life is in jeopardy, thereby over-stepping legal search and seizure and constituting first-degree criminal trespassing defined by 14-159.11.
Furthermore, contrary to the ideals set out for probation officers in 15-205, he violated his powers to arrest granted in 15-204. Therefore, I contest the legality of the search and the admissibility of evidence obtained contrary to law and without probable cause and good faith circumstances. A large amount of property that is not contraband and not subject to lawful retention was taken.
The totality of fact surrounding my case suggests that the court strongly consider this Motion to Dismiss or at a minimum not condone the unlawful gathering of evidence by granting this Motion to Suppress, thereby upholding the law and supporting honest medicine research.