The recent arrest of a young man from Greenfield raises some important questions as to whether the drug charges against him will hold up in court. He was charged in Milwaukee County with possession of THC and possession of nitrous oxide with intent to inhale.
According to the prosecutor’s complaint, police went to the 23-year-old’s residence in response to a 911 call in which a woman supposedly said “please help me.” A local news report did not indicate who the woman was or whether she was even present at the young man’s residence.
The responding officers claim that after they knocked on the door of the home, the young man and his girlfriend refused to answer. The police then forced their way into the residence. Their method of entering the home wasn’t clarified in the news report.
Police claim they smelled marijuana in the residence, and that the girlfriend admitted that she and her boyfriend had smoked marijuana earlier that day. The police also say the girlfriend handed over a pipe. It remains to be seen whether the young woman’s alleged admission was obtained in accordance with proper police procedure.
Apparently, a search of the residence ensued, and the police claim to have found more marijuana (the amount was unspecified) and two nitrous oxide tanks. The size of the nitrous tanks was also unspecified.
The criminal complaint alleges that the young man admitted to being addicted to nitrous oxide and that he huffs it regularly. Again, whether this admission was properly obtained may be a good question for the court to address.
The circumstances of the search and seizure will also need to be fully analyzed. Too often, law enforcement officers conduct a search and seizure in a manner that is not in accordance with the law, and such an infraction can result in the dismissal of charges.
Source: Greenfield Patch, “Police Find Two Nitrous Tanks, Marijuana in Greenfield Man’s Home,” Joe Petrie, March 3, 2012