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Invisibleveggie

Registered: 07/26/04
Posts: 13,985
Judge invalidates warrant in drug case [WI]
    #4423743 - 07/19/05 03:42 PM (11 years, 4 months ago)

Judge invalidates warrant in drug case
July 19, 2005 - gmtoday.com

Facing up to 26.5 years, Cedarburg man has all counts dismissed

OZAUKEE COUNTY - Four felony drug charges and a felony firearm charge against a town of Cedarburg man were dismissed last week after a Washington County judge declared the search warrant invalid.

Peter Huiras, 50, was charged with manufacture/delivery of marijuana, felony possession of marijuana, possession of cocaine, possession of hallucinogenic psylocybin mushrooms and being a felon in possession of a firearm following a search warrant executed at his home by the Ozaukee County Drug Task Force.

Huiras was convicted of felony possession with intent to deliver marijuana in Waukesha County in 1990, making the firearm possession a felony.

In his house, officers found 626 grams of marijuana, equipment for growing marijuana, 33 grams of mushrooms and a gram of cocaine in addition to a 20 gauge shotgun and shotgun shells.

The house was searched after an undercover Sheriff's deputy observed a wooden box in Huiras' house containing approximately a quarter-ounce of marijuana.

Huiras was defended in the case by his father's law firm, Huiras, Farrell and Antoine, S.C. Huiras' father is attorney and local philanthropist Ralph Huiras. Attorney William Farrell was his lead counsel and was assisted in the motion to suppress the search warrant by the Waukesha-based law firm, The Schroeder Group, S.C.

The case was transferred to Washington County Judge Andrew Gonring.

In the successful portion of the motion to suppress the search warrant, the attorneys argued that the warrant was overly broad in its scope of the area to be searched and in the items to be searched for and thus violated the Constitution's Fourth Amendment.

"It is difficult to comprehend how the alleged observance of one-quarter ounce of marijuana permits a full-scale search for items that can only be described as associated with a broad-scale controlled substances manufacturing operation," the motion to suppress states.

In its reply, the district attorney's office wrote that the warrant was valid based on the observed marijuana and that even if portions of the seized items were not properly authorized under the warrant, the remainder of the items were legitimately seized.

Huiras' attorneys also argued that the warrant was invalid because the affidavits that spelled out the probable cause the warrant was based on were not signed and dated until after the warrant was executed. District Attorney Sandy Williams said the judge did not agree that the warrant was invalid on those grounds, however.

Although the search warrant process relies on a certain amount of "form" language - "In (the deputy's) experience as a narcotics officer investigating the distribution and sales of illegal substances, (the deputy) has found that subjects involved in the sale and distribution of narcotics usually have evidence of the crime in their residence" - Williams said the ruling will not require the Sheriff's Department to reevaluate its warrant applications.


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InvisibleCowgold
Bullshit

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Registered: 04/04/05
Posts: 12,486
Loc: .
Re: Judge invalidates warrant in drug case [WI] [Re: veggie]
    #4424244 - 07/19/05 05:59 PM (11 years, 4 months ago)

huray for him! haha


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"You might not be aware of this, but there are a lot of dickheads on the Internet." - D. Wong


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InvisibleLe_Canard
Danger Man

Registered: 05/17/03
Posts: 93,264
Loc: Earthfarm 1 Flag
Re: Judge invalidates warrant in drug case [WI] [Re: veggie]
    #4424290 - 07/19/05 06:11 PM (11 years, 4 months ago)

It's nice to see some judges paying attention to The Bill of Rights....


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InvisibleSuperD
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Registered: 10/05/03
Posts: 6,648
Loc: The bridgesii bridge
Re: Judge invalidates warrant in drug case [WI] [Re: Le_Canard]
    #4424467 - 07/19/05 06:51 PM (11 years, 4 months ago)

Fuck yeah.


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Manoa said:
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Invisibledblaney
Human Being

Registered: 10/03/04
Posts: 7,894
Loc: Here & Now
Re: Judge invalidates warrant in drug case [WI] [Re: veggie]
    #4424573 - 07/19/05 07:09 PM (11 years, 4 months ago)

That's awesome!

But what about the good faith rule? It says that if the officers execute a warrant issued unconstitutionally, then any evidence seized is still valid. Personally, I think that the rule is utter bullshit and should be removed, have they finally done so? I hope so!


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"What is in us that turns a deaf ear to the cries of human suffering?"

"Belief is a beautiful armor
But makes for the heaviest sword"
- John Mayer

Making the noise "penicillin" is no substitute for actually taking penicillin.

"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it." -Abraham Lincoln


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Invisiblegema
Freedom from the Known
 Arcade Champion: Ms. Pacman, Pac Man, Tetris

Registered: 10/24/04
Posts: 1,767
Loc: t(here)
Re: Judge invalidates warrant in drug case [WI] [Re: veggie]
    #4424650 - 07/19/05 07:36 PM (11 years, 4 months ago)

Quote:

veggie said:
Judge invalidates warrant in drug case
July 19, 2005 - gmtoday.com

Facing up to 26.5 years, Cedarburg man has all counts dismissed

...Huiras was defended in the case by his father's law firm, Huiras, Farrell and Antoine, S.C. Huiras' father is attorney and local philanthropist Ralph Huiras...




having friends in high places is good but having family in high places is even better. i love life's ironies.


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OfflineKalix
'Head

Registered: 03/20/05
Posts: 1,504
Last seen: 11 years, 5 days
Re: Judge invalidates warrant in drug case [WI] [Re: gema]
    #4428103 - 07/20/05 01:56 PM (11 years, 4 months ago)

:rofl2:


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My Unitarian Jihad Name is: The Shotgun of Sweet Reason


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