Articles Posted in Marijuana

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The Court of Appeals of Wisconsin, District II has affirmed a trial court’s order to suppress drug evidence obtained following an illegal police search of a Kenosha man’s residence. In an unpublished case, a woman apparently called local police to report the smell of marijuana emanating from her upstairs neighbor’s residence. She also told police the unit was accessed from the rear of the converted single family home.

When law enforcement officials arrived, they reportedly smelled a strong odor of marijuana. At the back of the building, police found an open door behind an unlocked but closed screen door. There was also a doorbell that stated “up” located nearby. After entering the unlocked doors, police apparently came to two closed doors and a staircase. Law enforcement officials climbed the staircase and knocked on the closed door at the top. A man opened the door, and the officers allegedly saw drug paraphernalia in the room behind him. When the man tried to close the door, the officers apparently handcuffed and arrested him. After obtaining a search warrant for the premises, police discovered a variety of drug evidence.

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The Court of Appeals of Wisconsin, District IV has ruled that a man’s motion to suppress drug and other evidence found on his property should have been granted. In an unpublished opinion, a police officer sought a search warrant to examine a 38.8-acre rural property for evidence of marijuana cultivation. Based on the officer’s sworn statement, a circuit court issued the warrant. When law enforcement officials executed the instrument, they allegedly uncovered guns, marijuana, and evidence related to a grow operation. As a result, the owner of the property was accused of manufacturing marijuana, illegally possessing a firearm, drug trafficking, and other charges.

Following his arrest, the defendant filed a motion to suppress the evidence uncovered as a result of the search warrant. According to the defendant, the officer made several untrue statements in order to secure the warrant. Following a hearing, the trial court ruled that the defendant met his burden of proving the police officer demonstrated a reckless disregard for the truth in his application for the search warrant.

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