« Michigan Medical marijuana clinic founder defends its legality | Main | New Mexico Panel considers cannabis for more uses »
January 14, 2009
WI State appeals court upholds search protection
Posted by Gary Storck
Wednesday, January 14, 2009
Far too often, state and federal courts have granted drug war exemptions that have shredded constitutional protections against illegal searches. Here's that rare case that actualy holds the line and protects these rights.
Source: Chicago Tribune click here
Wisconsin judge errs in drug case
Associated Press
9:59 AM CST, January 13, 2009
WAUSAU, Wis. - A state appeals court has overturned a man's drug conviction because police improperly obtained the evidence.The Third District Court of Appeals ruled Tuesday the strong odor of air freshener and cologne in Richard Lord's car during a routine traffic stop in Washburn County was not reason enough to summon a drug-sniffing dog.
The panel overturned Lord's conviction for possession of marijuana, ruling his constitutional right against illegal searches had been violated.
Court records say Lord was 17 when he was stopped in June 2006 by a state trooper because his vehicle's muffler was too loud. Circuit Judge Eugene Harrington ruled that the strong odors from the scents provided the trooper with reasonable suspicion of drug activity. Court records say the police dog found some marijuana and a drug pipe in the car.
Posted by Gary at January 14, 2009 04:15 PM
Comments
Post a comment
Thanks for signing in, . Now you can comment. (sign out)
(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)