Wis. Court Overturns Drug Conviction

[Jim Finnel]

An appeals court overturned a woman's drug conviction because police improperly obtained evidence.

The Third District Court of Appeals ruled Tuesday that Shawano County Judge James Habeck erred in allowing prosecutors to use marijuana found in Ashley Herbert's car in November 2006.

Court records say Herbert, of Gresham, was stopped after a sheriff's deputy saw her car had a burned-out rear registration lamp, a missing rearview mirror and cracked windshield.

Court records say the 23-year-old was given a warning and the deputy told her he was going to walk his drug-sniffing dog around the vehicle.

The appeals court says the reason for the initial stop was over with the warning. The panel says using the dog had nothing to do with the vehicle problems so the seizure of the marijuana was illegal.


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Source: Chicago Tribune
Copyright: 2008 Chicago Tribune
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Website: Wis. court overturns drug conviction -- chicagotribune.com

 

[Keith Lake]

Excellent!!!

Reading news stories like this are almost as a good as finding money in the street

The "premise" stops are crap - good job Third District Court of Appeals

Let Constitutional practices spread!

 

[hood1]

Wish all courts felt this way. The probable cause rule is causing this law to go away. If you are wearing heavy perfume it is probable cause to search for drugs how stupid!

CFH