cannabisnews.com: Man's Conviction for MJ Possession Thrown Out!





Man's Conviction for MJ Possession Thrown Out!
Posted by FoM on June 03, 1999 at 12:35:01 PT
Good News!
Source: Pioneer Planet
WAUSAU, WISA state appeals court Wednesday overturned a man's conviction for possessing marijuana because of police misdeeds, a ruling reaffirming privacy rights in a home.
A policeman unlawfully invaded Michael Wilson's Antigo home and then smelled the odor of burning marijuana, meaning any evidence gathered cannot be used to prosecute Wilson, the 3rd District Court of Appeals said.At issue was whether Wilson, 26, had a reasonable expectation of privacy in a porch area immediately outside the back door of his home.In reversing a Langlade County judge, the appeals court ruled the porch area was ``intimately related to Wilson's home activities'' and thus constitutionally protected against unreasonable police searches.The officer's ``intrusion into this area . . . was without legal authority and consequently his discovery of marijuana odor was without legal justification,'' the three-judge panel said.Antigo Policeman Kevin Ison went to Wilson's home March 8, 1997, suspecting a juvenile girl wanted as a runaway might be at the home, court records said.Ison asked a child playing in the back yard if she had seen the wanted girl. When the child said no, Ison asked the child if her parents were home and then followed the child to the back door, where he detected the smell of marijuana odor coming from the basement, court records said.When Wilson emerged from the basement, the officer asked about the odor. Ison refused to allow Wilson to leave to go to the bathroom, searched the suspect and found a plastic bag containing what appeared to be marijuana, court records said.Wilson was arrested and gave statements to police.Circuit Judge James Jansen rejected Wilson's argument that Ison had invaded the privacy of Wilson's home before obtaining the harmful evidence.Wilson then pleaded guilty to his second offense of possessing marijuana, court records said. He was sentenced to 60 days in jail and his driver's license was revoked for six months.In ordering a new trial Wednesday, the appeals court said prosecutors cannot use any evidence seized from Wilson because it was illegally obtained nor can they use his confession because it was related to the illegally seized evidence.The panel rejected the state's argument that Wilson consented to be searched.``Considering the totality of circumstances, Wilson had no choice but to allow the search,'' Judge Gordon Myse wrote. ``Acquiescence to an unlawful assertion of police authority is not equivalent to consent.''Martha Askins, assistant state public defender, said the appeals court ruling reaffirmed that one's home and the area around it warrants the ``highest level of privacy.''``To me, the police entering a person's home without a warrant and without consent is a huge intrusion,'' she said.Langlade County District Attorney Ralph Uttke declined comment on whether he would prosecute Wilson again.News article found by DdC!Thank You, DdC!
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