A motion to test the validity of a warrant used to obtain evidence against an NIU marketing professor will be tried in the DeKalb County Courthouse today.

David Richard Rink was charged on Sept. 1 for two counts of fraud. William Brady, Rink’s attorney, moved to set a trial Nov. 20 to test the validity of the warrant used by Detective Mark Brictson of the Elgin Police Department. The warrant allowed Brictson to enter Rink’s home to obtain evidence.

Brady said legal arguments against the issuance of the warrant might be presented at today’s hearing. He said he might call witnesses at a later date, he said. No other motions have been filed, he said.

Assistant State’s Attorney Duke Harris said the judge will look at the warrant to determine if there was “sufficient, probable cause” to issue it. “

Our (state’s attorney’s) position is to defend the issuance of the warrant,” he said.

If the judge decides the warrant was not justified it will be “quashed,” Harris said. If this happens, evidence obtained from the warrant would not be used when Rink is tried, he said.

Brictson used the search warrant on Aug. 17 to enter Rink’s home where he discovered a birth certificate for a Timothy David Richard. A social security card application from the Elgin Social Security Office and some notes partially written in shorthand also were discovered.

The two counts of fraud are to “knowingly possess with the intent to deliver” and to “knowingly make” a document “apparently capable of defruading another.”

Probable cause in connection with the charges was found at Rink’s preliminary hearing Sept. 24 Rink pleaded innocent to the charges on Oct. 14.

arris said today’s hearing will test the validity of the warrant, not whether Rink is guilty or innocent.