Hurley Burish and Stanton, SC Attorneys at law

Dane County – Felony Pot Charges Dismissed

Attorney Bednarek’s client was charged with Manufacturing THC and Maintaining a Drug Trafficking Dwelling for allegedly growing marijuana in a bedroom of his apartment.   The client’s landlord notified police of a possible grow operation after the going into the client’s bedroom during a maintenance visit.  Based upon the landlord’s tip, police entered the bedroom without securing a warrant.  The State argued that the search was done by a private party (the landlord), so law enforcement didn’t need a warrant.  Attorney Bednarek filed a motion challenging the search as a public not private search.  The court agreed.  Seized evidence was suppressed.  The client’s criminal charges were dismissed.