Wisconsin police officers often serve warrants to search a person's home. But not every warrant is a valid one. Technicalities are very important if the United States Constitution is to be enforced. Too often, police officers jump to conclusions and execute an invalid search warrant, and if it can be shown in court that a warrant was invalid, the criminal charges against an individual can be dismissed.
With those issues in mind, readers in the Milwaukee area may be interested in the case of a 41-year-old Greenfield man who was recently charged in Milwaukee County Court with one count of possession of about a pound of marijuana. A local news report didn't disclose what probable cause the police had to execute a search warrant on the man's home, but a search apparently was conducted. The police claim to have found marijuana and smoking paraphernalia in the man's kitchen. In addition, police say they confiscated a handgun at the residence, though it was unclear in a news report whether the gun belonged to the man or to someone else.
According to police, the man said he had purchased about a pound and a half of marijuana four months prior to the search. Authorities claim the man confessed to selling the marijuana to family members to make ends meet. If convicted of the charge against him, he could face up to six years in prison and $10,000 in fines.
To mount a strong criminal defense, the man will likely seek out the advice of a skilled and sympathetic criminal defense attorney who can analyze the circumstances of the arrest. Police officers do make mistakes, and every United States citizen has the right not to be subject to unlawful search and seizure. While it is yet unclear if such mistakes were made in this case, anyone accused of drug crimes would do well to explore all the legal options for achieving a dismissal or reduction of charges.
Source: Greenfield Patch, "Police Find a Pound of Marijuana in a Greenfield Home," Joe Petrie, Jan. 20, 2012