triprey
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[SIZE=+2]US WI: Algoma Man's Pot Conviction Overturned[/SIZE]
(28 Aug 2007) Green Bay Press-Gazette Wisconsin
WAUSAU -- A state appeals court today reversed the drug conviction of an Algoma man who dropped a bag of marijuana in front of a police officer, saying the officer didn't have enough reason to detain him.
An Algoma police officer followed Christopher Konkol, 22, to his home on Sept. 17, 2005, because he suspected there was an outstanding warrant for Konkol's arrest, court records said. Konkol denied there was an outstanding warrant.
As he waited for the officer to do more checks, Konkol dropped a small bag containing a "trace amount" of marijuana to the ground and covered it with his foot, court records said.
The officer confiscated the bag and arrested Konkol, who later pleaded guilty to misdemeanor possession of marijuana.
Kewaunee County Circuit Judge Dennis Mleziva had ruled the officer had a "reasonable suspicion" for stopping Konkol because he remembered seeing his name on an active warrant list, although he couldn't remember when or what for.
In overturning the conviction today, 3rd District Court of Appeals Judge Michael Hoover said police need more than a "mere hunch" to suspect someone of a crime.
"Reasonable suspicion" requires specific facts and reasonable inferences from them, he wrote.
(28 Aug 2007) Green Bay Press-Gazette Wisconsin
WAUSAU -- A state appeals court today reversed the drug conviction of an Algoma man who dropped a bag of marijuana in front of a police officer, saying the officer didn't have enough reason to detain him.
An Algoma police officer followed Christopher Konkol, 22, to his home on Sept. 17, 2005, because he suspected there was an outstanding warrant for Konkol's arrest, court records said. Konkol denied there was an outstanding warrant.
As he waited for the officer to do more checks, Konkol dropped a small bag containing a "trace amount" of marijuana to the ground and covered it with his foot, court records said.
The officer confiscated the bag and arrested Konkol, who later pleaded guilty to misdemeanor possession of marijuana.
Kewaunee County Circuit Judge Dennis Mleziva had ruled the officer had a "reasonable suspicion" for stopping Konkol because he remembered seeing his name on an active warrant list, although he couldn't remember when or what for.
In overturning the conviction today, 3rd District Court of Appeals Judge Michael Hoover said police need more than a "mere hunch" to suspect someone of a crime.
"Reasonable suspicion" requires specific facts and reasonable inferences from them, he wrote.
