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August 26, 2008

Big win for the 4th Amendment in Wisconsin cannabis case!

Posted by Gary Storck
Tuesday, August 26, 2008

The Wisconsin State Court of Appeals reversed convictions for cannabis cultivation and other related charges, agreeing a traffic stop and search were violations of the 4th Amendment.

In their ruling, justices noted that the U.S.Supreme Court “has long held that ‘good faith on the part of the arresting officers is not enough,’ ” and that if that was all that was required, “the protections of the Fourth Amendment would evaporate.”
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Source: Racine Journal Times click here
Pubdate: August 25, 2008
Author: Janine Anderson

DRUG CHARGES TOSSED OUT

Illegal stop, search lead to dismissed case

RACINE -- The Racine County Sheriff’s Department made two costly mistakes when deputies arrested a man for marijuana possession and manufacturing in October 2006, according to court rulings.

Those mistakes — an unlawful traffic stop based on a cell phone call and search of the contents of a digital camera and GPS device found after the arrest — have forced the District Attorney’s Office to drop all six charges against the suspect.

Dean Brown, 39, was arrested Oct. 13, 2006, after Racine County deputies caught up with him following a cell phone call from a driver who believed Brown was acting suspiciously, possibly trespassing. The deputy who made the traffic stop reportedly smelled raw marijuana in the car and searched the vehicle. In the car, the deputy allegedly found garbage bags full of marijuana plants. In total, deputies allegedly recovered nearly 36 pounds of marijuana with a possible street value as high as $140,000.

Deputies also found a digital camera and GPS unit. The camera contained images of marijuana growing in fields. Members of the Racine County Metro Drug Unit checked out recently used coordinates on the GPS unit and discovered several marijuana grow sites.

Continues: click here.


Posted by Gary at August 26, 2008 10:04 PM

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