File photo.

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A judge today tossed a search warrant used to seize the devices of a Cal Poly Humboldt activist in March. He ruled that any evidence collected by police in this search cannot be used in an ongoing criminal case that stems from a protest earlier this year.

Activist Rick Toledo, reached by phone today, said the ruling was a small victory, but finds the case against him deeply concerning. “It’s a massive violation of free speech and our right to assemble and protest,” he said.

Toledo is charged with misdemeanor assault, false imprisonment and battery for physically blocking a university employee during a pro-Palestine, pro-union and anti-ICE protest. This was to allow for protestors to enter Nelson Hall, the building they aimed to occupy.

The incident in question. Toledo during the Nelson Hall occupation Feb 27. | Photo by Dezmond Remington.

While Toledo’s initial arrest warrant was upheld by Humboldt County Superior Court Judge Steven Steward today, he tossed a separate warrant for a later search of Toledo’s home.

Police seized his cell phone, computer, school laptop, hard drives and two cameras during a 1 a.m. “raid” of his apartment on March 19, according to Toledo, with officers seeking evidence of alleged criminal conspiracy.

Judge Steward, who signed both warrants, was ruling on a motion from Toledo’s defense attorney that aimed to suppress the warrants. He reviewed the warrants and heard arguments by the prosecution and defense.

The University Police Department initially listed criminal conspiracy as a suspected crime, but the District Attorney’s office has not charged Toledo with this offense.

Steward found the search warrant didn’t sufficiently describe the connection between probable evidence police could find at the location and the alleged crime. He said there was some evidence of coordination, like Toledo directing masked protestors to enter the building during the protest. But he found this didn’t necessarily equate to evidence of a broad criminal conspiracy.

He said under the Fourth Amendment, which bans unreasonable search and seizure by the government, a connection must link specific evidence of a crime to a specific location.

He also pointed to the nature of what was seized, with cell phones and personal devices holding a mass of personal information. He ordered the devices to be returned to Toledo

Still, he found the initial Ramey warrant issued for Toledo’s arrest was sufficient and showed enough probable cause. Toledo was arrested March 6, and remains out on bail. Stephen disagreed with the defense’s arguments laid out during an August 10 hearing based on the “totality of facts.”

He pointed to evidence in the affidavit, like Toledo backing university official Michael Moore into a wall for ten seconds and allegedly telling nearby protestors “don’t worry, he won’t do anything,” accompanied by statements from Moore who said he was fearful during the incident.

Reached by phone after the hearing, Toledo said “I’m a little upset to see that the judge decided to defend the arrest warrant.”

“But I am glad he was at least able to recognize the search warrant was also unjust, and they’re going to return my stuff.”

Toledo said the case and efforts by university police infringes on the civil liberties of activists. He said the seizure of devices “sets a dangerous precedent” and alleges this was intended to get information to identify and keep tabs on other student protestors. One camera seized was a body worn camera used by Toledo when he was observing protests, he said.

Toledo is unsure when he will get them back.

“This whole thing is really disheartening, to see the police allowed to run wild, and that the school is willing to do this and stoop so low,” he said.

A jury trial is scheduled for September 28, though Toledo’s attorney, Matthew Kellegrew of the Civil Liberties Defense Center, informed the court he intended to file a motion seeking diversion of criminal charges, speaking over Zoom today.

Toledo denies the allegations and has pleaded not guilty to all charges.

“I am not willing to plead guilty to anything,” he said.

Restraining Order Against Former Arcata Councilmember Brett Watson Extended For Another Three Years

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Judge Timothy Canning extended a restraining order against former Arcata Mayor Brett Watson for an additional three years last week.

In a ruling, signed August 25, the City of Arcata’s petition to renew a workplace violence restraining order was granted, pushing the expiration to March 17, 2029.

Canning found it more probable than not there would be a genuine risk that Watson will continue to abuse people protected in the order, if the order isn’t renewed.

The order, initially granted in 2023, prohibits Watson from contacting four city employees. An Arcata investigation found he was obsessed with one employee, and witnesses testified in court to a pattern of stalking behavior.

Canning agreed with the city’s argument, that Watson’s repeated attempts to overturn the order and sue the city of Arcata showed that he would continue to harass the protected people, if it wasn’t extended.

Canning wrote in the ruling that Watson’s statements and actions establish a reasonable probability he’d continue with wrongful acts. Canning pointed to Watson’s statements that “show that he has not taken personal responsibility for his actions leading up to the issuance of the original [workplace violence restraining order] and has not moved on.”

Canning cited Watson “continuing to advocate for his disproven narrative” like statements in Watson’s lawsuit against the city accusing one employee of using him as a pawn, or emotional blackmail.

The restraining order was extended for a few months earlier this year.