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Gardner's office continues to battle search warrant in perjury allegation from Greitens case

A judge ruled that the police could move forward with the search warrant, but Gardner's office appealed that ruling.

ST. LOUIS — The St. Louis Circuit Attorney is continuing her battle against a search warrant she said is unconstitutionally broad.

Last week, Democratic Circuit Attorney Kim Gardner filed a motion calling the warrant from police a "fishing expedition" and requesting it be halted. 

On Tuesday, a judge ruled that the St. Louis Metropolitan Police Department could move ahead with the warrant. Gardner's office then appealed that ruling, and an appeals court judge agreed to put the brakes on the warrant while it is appealed again.

The special prosecutor now has 10 days to reply to the appeal. After that, the appeals court judge will make his decision.

The warrant is part of a special prosecutor's examination of whether William Tisaby lied under oath, as alleged by Greitens' attorneys.

Gardner charged Greitens, a Republican, with felony invasion of privacy in February 2018, alleging he took a semi-nude photo of a woman during an extramarital affair in 2015, without consent.

Criminal charges were eventually dropped, but Greitens resigned in June.

Gardner says the search warrant requests documents containing 28 terms as broad as "notes" and "evidence."

The Associated Press contributed to this story.

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