The admission of evidence in a rape and murder case could depend on when police opened a car door.

Ward Johnson, the defense attorney for Shawnee Lynn Krall, 29, is arguing that North Central District Court Judge Stacy Louser should suppress evidence relating to the discovery of Krall’s deceased roommate in the trunk of a car belonging to Krall on Dec. 21, 2020.

Based on testimony at a hearing on Wednesday, Krall had purchased the vehicle from another person the year before and asked permission of Zach Barnett to leave the vehicle at his Minot residence for a few days. Minot police were looking for Krall’s missing roommate at the time and came across a conversation Krall had with Barnett on social media about a van that was for sale. Minot Police Department Lt. Shawn Wegner and former Minot Police Detective Aaron Bowles went to speak with Barnett. Barnett, who only knew Krall casually, volunteered that Krall had left a vehicle there. Barnett testified during the motion hearing on Wednesday that he was unnerved when he heard there was a missing person investigation. Barnett testified that he asked Minot police to remove Krall’s vehicle from his property after he saw an officer open the driver’s side door on Krall’s vehicle and police gathering around the vehicle.

Bowles, who said he has recently taken a new job with a law enforcement agency in a different state, then testified that Barnett’s recollection is mistaken and Barnett asked for them to remove Krall’s vehicle from his property prior to police opening the car door.

Johnson is arguing that police were already conducting an investigation, already had suspicions about Krall, and should have first obtained a search warrant before continuing the investigation. Based on the testimony of the officers, the Ward County State’s Attorney’s Office had told police they didn’t have enough evidence for a search warrant and Krall’s probation officer had also refused to let them search the vehicle found at Barnett’s property. After Barnett found out there was a missing person investigation and said he wanted the car removed, police inventoried Krall’s vehicle and found the deceased woman when they opened the trunk. At that point, they “froze the scene” and stopped all activity until they could obtain the search warrant.

Johnson is arguing that the evidence related to the discovery of the deceased woman in the vehicle should be suppressed. He told the judge on Wednesday that the prosecution would probably have to dismiss a Class AA gross sexual imposition charge if she suppresses that evidence, since that charge is connected to evidence found on the purported victim. Johnson said he believes the prosecution would still have enough evidence to go forward with a Class AA felony murder charge even without the evidence found in Krall’s car. The prosecution argued that both charges should stand and is arguing that a search warrant wasn’t necessary because police were in the middle of a missing person investigation and it was urgent to find the woman because she had a serious health condition. They also argue that discovery of the deceased woman was inevitable. Judge Louser ordered both the defense and the prosecution to submit further written arguments on the issues raised and will make her ruling at a later date.

Krall has been held in custody on $2 million bond at the Ward County Jail on the Class AA felony murder and Class AA felony gross sexual imposition charges.