A motion to test the validity of a warrant used to obtain evidence against an NIU marketing professor will be considered at a motion hearing Friday at the DeKalb County Courthouse.

David Rink is charged with two counts of felony forgery, a Class III felony, said Assistant State’s Attorney Duke Harris.

If convicted, Rink could be sentenced to two to five years and fined up to $10,000, Harris said. However, the crime is probational, he said.

A preliminary hearing Sept. 24 found there to be “probable cause” in connection with the charges if accusations that Rink forged a fictitious birth certificate are true.

A motion from Rink’s attorney William Brady asserted, “the complaint that led to the issuance of the search warrant does not state facts sufficient to show probable cause and does not adequately state cause why a search warrant should be issued.”

The motion stated the warrant was in violation of Rink’s Fourth and Fourteenth Amendment rights under the U.S. Constitution.

The motion also states Detective Mark Brictson of the Elgin Police Department “intentionally” omitted facts when he requested the search warrant.

If “this omitted information was presented to the magistrate (who issued the warrant), the warrant would not have been issued,” the motion stated.

Brady could not be reached Wednesday to comment on the motion.

arris said the motion hearing Friday will determine two things, “whether or not the complaint was sufficient to justify grants of a search warrant and whether the officer (Brictson) did anything intentional to mislead (the magistrate).”

arris said he would call Brictson as a witness at Friday’s hearing.

Brictson obtained the warrant on Aug. 17 and used it to search Rink’s home in Genoa. Harris said a social security application form and a telephone directory were obtained during the search.

In addition, shorthand notes were found. Harris said he believes some of the notes represent a “rough draft of a fictitious birth certificate.”

If the judge rules in favor of the defendant’s motion, the warrant would be “quashed,” Harris said. “Items seized (during the search) would become inadmissable,” he said.

The defendant’s motion was received at a preliminary hearing Nov. 20. The motion hearing was continued to Friday.

arris said he does not anticipate the motion hearing to be delayed. “We will be prepared (Friday),” he said.