(3g) Possession. No person may possess or attempt to possess a controlled substance or a controlled substance analog unless the person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her professional practice, or unless the person […]
Iowa County – Possession of Marijuana and Paraphernalia Charges Dismissed
Saperstein was able to successfully suppress the evidence in this case, which included a small amount of marijuana and a pipe, after the judge ruled that the officer expanded stop and detention of his client beyond the scope of the original reason for the stop, which was for a faulty license plate light. […]
Iowa County – Major Marijuana Bust Amended to Simple Possession
Attorney Saperstein’s client was the driver (one of two occupants) of a van that was pulled over in Iowa County. A search of the van revealed over 150 lbs. of marijuana. Attorney Saperstein successfully negotiated a plea to simple possession of marijuana and a time-served sentence, after his client had served 4 months in jail […]
Columbia County – Felony Drug Charges Reduced
Attorney Saperstein’s Client plead to simple marijuana possession and paid a fine after being charged originally with felonies. […]
Dane County – Possession of Controlled Substance & Paraphernalia Dismissed
Bednarek’s client was arrested after a search, on alleged charges of possession of a controlled substance and possession of drug paraphernalia. Charges were dismissed after Attorney Bednarek successfully argued a motion to suppress the evidence, which had been seized illegally in violation of his client’s Fourth Amendment rights. […]
Was I Resisting (or Obstructing)?
A previous post discussed the level of suspicion that an officer must articulate to justify a “stop” or otherwise initiate an encounter with a “civilian.” Generally speaking, a law enforcement officer initiates contact with a “civilian” because he or she suspects the civilian of some kind of wrongdoing. The officer may be mistaken, may have […]
How Does a Controlled Substance (Drug) OWI Differ from an Alcohol OWI?
You and a friend are driving home after 1 a.m. from a party. Some friends at the party, including your passenger, had been smoking marijuana (“weed”), but you had chosen not to. Your passenger starts smoking the remnants of a joint in the car as you drive her home. You refrain from smoking with her, […]
Was It Legal for the Officer to Pull Me Over for That?
Those of us who regularly and zealously challenge illegal searches and seizures in criminal and traffic cases were handed a victory of sorts (victory with a very small “v”) by the Wisconsin Supreme Court last month. In State of Wisconsin v. Antonio D. Brown, 346 Wis.2d 98, the defendant was convicted in Milwaukee County of […]
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