# Drug Charges Tossed Out



## LowRider (Aug 24, 2008)

Talk about lucky


*Drug charges tossed out*


*Illegal stop, search lead to dismissed case*

*By Janine Anderson
Journal Times*

Sunday, August 24, 2008 8:43 PM CDT


RACINE -- The Racine County Sheriffs Department made two costly mistakes when deputies arrested a man for marijuana possession and manufacturing in October 2006, according to court rulings.

Those mistakes  an unlawful traffic stop based on a cell phone call and search of the contents of a digital camera and GPS device found after the arrest  have forced the District Attorneys Office to drop all six charges against the suspect.

Dean Brown, 39, was arrested Oct. 13, 2006, after Racine County deputies caught up with him following a cell phone call from a driver who believed Brown was acting suspiciously, possibly trespassing. The deputy who made the traffic stop reportedly smelled raw marijuana in the car and searched the vehicle. In the car, the deputy allegedly found garbage bags full of marijuana plants. In total, deputies allegedly recovered nearly 36 pounds of marijuana with a possible street value as high as $140,000.

Deputies also found a digital camera and GPS unit. The camera contained images of marijuana growing in fields. Members of the Racine County Metro Drug Unit checked out recently used coordinates on the GPS unit and discovered several marijuana grow sites.


Brown was then charged with possession of drug paraphernalia, possession of marijuana with intent to deliver and four counts of manufacturing marijuana.

Browns attorney, Patrick Cafferty, challenged the charges. He filed motions to suppress all evidence in the case, saying the deputy did not have grounds to stop his client in the first place and that any evidence obtained from the searches of the contents of the camera or GPS unit was inadmissible because deputies did not have warrants to search the contents of the devices.

Caffertys challenges were successful.


The four manufacturing marijuana charges were dropped in April 2007, after Circuit Court Judge Emily Mueller ruled in the defenses favor, saying that deputies should have obtained a search warrant for the camera and GPS device before looking at their contents.

Mueller also ruled that the traffic stop was unlawful, but the state appealed that. The Court of Appeals upheld her ruling late last month, and the state has now dismissed all charges against Brown.

The Court of Appeals ruling on the traffic stop said that a 911 call by a motorist did not give the Sheriffs Department reasonable suspicion to stop Browns vehicle.

The right to be free from unreasonable searches and seizures is contained within the state and federal constitutions, the courts opinion stated. The court said that police may approach people to investigate possible criminal behavior without probable cause to make an arrest, but that the officer must be able to state facts that led up to the approach.

However, the opinion states, the Supreme Court of the United States has long held that good faith on the part of the arresting officers is not enough,  and that if that was all that was required, the protections of the Fourth Amendment would evaporate.

The Sheriffs Department receives training on conducting legal stops and searches, said Lt. Dan Klatt, spokesman for the department, but deputies must make judgment calls. He said there is no easy answer.

Each decision is based on a case-by-case situation, Klatt said. There are rules of evidence, but there are some exigent circumstances. It ends up being what the officer perceives. If he perceives one of these exigent circumstances apply, thats what hes basing his decision on at the time.

In this particular case, the court has ruled that the deputies actions were not in line with the law that governs traffic stops and searches. While the police work led to evidence against Brown, when the court suppressed the evidence it became unusable in court, effectively ending the case.


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## TokeWithHope (Aug 24, 2008)

that guy is so lucky! but just trashbags all in ur car isnt that smart either. buut yet again potheads-1  pigs-0


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## Blend No. 420 (Aug 25, 2008)

It was pure luck on both sides. The deputy just happened to be in the area when the call was made and just happened to do everything wrong. Dean Brown probably never thought he would get stopped, he was more than likely smoking shake from the last harvest and was surely HHHIIIIIIII. :fly:


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## time4tokin20s (Aug 25, 2008)

I got pulled over one time because they thought my buddy was someone else and I got caught with a pipe and a small bag.They arrested both of us. When I went to court I sat and waited but they never called my name.So I finally went to ask what was going on.They said that our cases had been dismissed and to go pick up 100% of my bail money.I figured I wouldn't press my luck so I didn't ask any questions and went to get my money.I always figured that it was because they never had a right to pull me over in the first place.


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## lyfr (Aug 25, 2008)

why cant people just mind there own business


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## TokeWithHope (Aug 25, 2008)

man timefortokin sounds like u lucked out as well. but we shouldnt have to luck out weed shouldnt even be illegal when this country was first started it was a law to grow a pot plant for its hemp u were suppose to people could even use it as currency what happened over the years!?


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## time4tokin20s (Aug 25, 2008)

TokeWithHope said:
			
		

> man timefortokin sounds like u lucked out as well. but we shouldnt have to luck out weed shouldnt even be illegal when this country was first started it was a law to grow a pot plant for its hemp u were suppose to people could even use it as currency what happened over the years!?



It was the only time I won,lol.Yeah,it's all **!
The time is coming.Their lies won't work forever


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## TokeWithHope (Aug 25, 2008)

ya bro i hear you! sooner or later with the rate of marijuana use going up in teens and children there will be an era where most people smoke pot! and in turn in time will pass down the laws that we have to live through. if not how much is a one way ticket to amsterdam?


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## zipflip (Aug 25, 2008)

this happened to me last year. a cop pulled me over at 2 am comin back from fishin asked to serch my car i told him get a warrant and i was like  probably at least 50 miles away from the nearest  judge to issue one and bein so late i figured it wouldnt happen he went bak to his car and cam bak told me he radioed it ion and they said i had to let him serch my car.  LOL  yeah right dude i watch law an order, cops and csi etc.. i aint stupid  lol..  and i asked him if he was gettin a warrant and if not if i was under arrest or am i free to go cuz if I'm nopt under arrest then i am leaving to go home cuz im tired i told officer  he was obviously getting mad started to use taunts and foul language and even called me a punk.  lol  i told him he was scaring me and i was leaving to go call another officer let em know wat had happened. i locked my door began to roll up my window and he reached his arm in quick and unlocked and opened my door and pulled me out threw me on ground and handcuffed me. i told him he was violating my rights and he just told me to shut the F up  and he proceeded to throwing all my tackle all over the highway and poles and everything else in my car and eptying contents of  my duffel bag and  glove box throwin everythin everywhere like he was a vandal.   he only found a half burnt joint and a empty pipe.  no weed.  i went to jail i remained silent and  when i got a lawyer he did the whole suppression of evidence thing and the judge and states attorney saw the officers car camera footage and immediately threw out the case. DISMISSED and the officer which was deputy sherriff in the running for  actuial sherriff that year  was demoted to city traffic police. and 30 suspended without pay and a 6 month probationary term for his job.  

I'll tell you wat i have never been so stoked in my life. i didnt only beat my charges but  i got the deputy demoted and months lost pay etc.. was more the sweet satisfaction of it.  and bout 3 months later i was drivin my dads car and he pulled me over and when he came to my drivers door and noticed it was me he muttered the words, "for **** sakes" and just walked back to his car and took off left me be.  lol.  that is somethin im gonna tell my grandkids bout if they smokers later on in life  lol
  by rights i shoulda sued him for this episode and violating my rights but i'm illiterate to that department and now its been bout a year since the incident.
  would it be too late to sue still? cuz i'd love to sue this podunk  sorry *** excuse of a county i live in.  its poor as hell for one and i know they'd settle outta court as they have with a couple other incidents prior wit other reasons etc... any ideas/thoughts?


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## TokeWithHope (Aug 25, 2008)

bro zipflip thats awesome potheads-2 pigs-0 lol we run the scoreboard! but d*** bro i woulda been sketchn if he threw me on the ground but thats some seriously f'd up stuff for him to do see pigs will always abuse their power i cant stand em!!


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## TokeWithHope (Aug 25, 2008)

o and if u dont mind me asking. where are u from? like what state? ill understand if u dont wanna tell me im just curious and perhaps to nosey lol


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## KGB30 (Aug 26, 2008)

"The four manufacturing marijuana charges were dropped in April 2007, after Circuit Court Judge Emily Mueller ruled in the defense&#8217;s favor, saying that deputies should have obtained a search warrant for the camera and GPS device before looking at their contents."

Crispy creams anyone.lol


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## time4tokin20s (Aug 26, 2008)

Good job zipflip!I was drunk and was pushed by a unprovoked cop once.Let's just say he probably hasn't done it since.I was rewarded by being pummeled by maglights in the back of my head from two other cops and given 45 days in jail.But you know what?Sending that prick to the hospital was well worth it.Plus they havn't really messed with me for like 8 years now.


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## zipflip (Aug 26, 2008)

TokeWithHope said:
			
		

> o and if u dont mind me asking. where are u from? like what state? ill understand if u dont wanna tell me im just curious and perhaps to nosey lol


 
upper midwest state  hop skip n jump from canada.  podunk small towns all over here.  backwoods cops i tell ya. it happens every day here but most people are too intimidated by them and basically they might as well have just drove to cop shop and said "arrest me here's my weed and pipe officer" lol

but not me says zip lol. i do lots of reading bro. and it finally once in my life paid off all the readin i did on our legal system and our rights as people.  thats the sad part of america. our government does nothing to educate the public of their rights and how to exercise them.  

the cops round here do alot of profiling even tho its illegal to profile but they still do it.  they're snakes man


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## TokeWithHope (Aug 26, 2008)

ya bro i hear you. i gotta deal with the same stuff here i was chilln wit 6 friends in a friends neighborhood smoking when we saw a cop so i look to one kid who i know is a dumb*** and i go dont run! what does the dumb bi*** do he runs! so we all take off in a sprint towards his house the pig shines his light through the front door and sits outside his house for 30 min! i hate dealin with em. and ive got a few stories of my younger days involvin cops too! haha well im only 18 so my younger younger days i guess


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## TokeWithHope (Aug 26, 2008)

and i look up to both of u zip and time for toke for what u guys did! its also bull like zip said how our govt. does s*** to help its citizens protect their rights and only care about improving their national image i cant stand em. and bushs dumba** has obviously smoked pounds worth in his day yet he doesnt make an attempt to help move along the pot problem


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## zipflip (Aug 26, 2008)

time4tokin20s said:
			
		

> Good job zipflip!I was drunk and was pushed by a unprovoked cop once.Let's just say he probably hasn't done it since.I was rewarded by being pummeled by maglights in the back of my head from two other cops and given 45 days in jail.But you know what?Sending that prick to the hospital was well worth it.Plus they havn't really messed with me for like 8 years now.


 
not round here tho.. if u assault an officer  the beating u'll get back before ur charged wit the assault will be much more worse than the time u'd get from it. 
  for instance my ex an i got into a fight one night she was all vodka drunk and she's bipolar and was off her meds for few weeks so u could probably imagine alot there lol.. but she wung out on me out the blue right middle of sex one night  just kicked me off started kickin me in the ribs  head scratchin at me etc  so i kikcked her in the head and she got back up and  came at me like a mountain lion my shirt got ripped off i was naked blood all over me scratches all over my face black eye the works split lip all that ****. all she got was a lump on her forhead from my kik. hell she was goin scizzo on me like jekyl hide stuff. and when cops finally came they kicked the door in only to see her havin me in a head lock from behind layin spoon on the floor i'm all bloody face chest  n all and they pull her off me and one hit me wit a club and sprayed me. it was obvious she had me in a hold when they came and obvious to anyone that i was the one who got an *** woopin but they took me to jail for the lump on her head and done nothin to her.   i live in a very f'd up state man trust me. i dont care wat anyone may say bout where i live and the system here but it is corrupt as hell..

PS  i am not by all means the type to hit a lady nor do i condone it and i'm sorry if this might offend any of u ladies out there ort even guys but like my grandpa told me after i got out jail for that domestic assault.  "if ur gonna swing like a man u better duck like a man"   it was purely uncalled for on her part and she was heavily intoxicated off vodka halk a litre in her no meds for 3 weeks bein bipolar and i knew her for 8 years and i knew if i didnt do somethin  that she probably woulda killed me man. i been cut wit knives even by this woman before  decked several times etc... lol  wow i sound like a whiny baby  lol..  na.     violence is not right no matter wat the case. but i had to do somethin man i'm soory if my comment bothered anyone.


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## TokeWithHope (Aug 26, 2008)

na im with u bro i mean if u really wanted to hurt her u could have done alot worse than kick her sounds to me like u had ur anger in check but still i was raised the same never hurt a lady be a gentleman but if u feel ur life is threatened then the time calls u know. but im sorry bro we got some bad corruption down here. i mean one of my friends dad is a cop and he takes half the weed he confiscates and smokes it at their house no lie. damn pigs abusin power. but anyway its bad here but sounds like u got it worse wherever it is u are. but ur still alive and ur not in jail at the moment and ur growin some dank so life should be pretty good


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## zipflip (Aug 26, 2008)

TokeWithHope said:
			
		

> na im with u bro i mean if u really wanted to hurt her u could have done alot worse than kick her sounds to me like u had ur anger in check but still i was raised the same never hurt a lady be a gentleman but if u feel ur life is threatened then the time calls u know. but im sorry bro we got some bad corruption down here. i mean one of my friends dad is a cop and he takes half the weed he confiscates and smokes it at their house no lie. damn pigs abusin power. but anyway its bad here but sounds like u got it worse wherever it is u are. but ur still alive and ur not in jail at the moment and ur growin some dank so life should be pretty good


 
when i was a kid me and couple buddys all have been caught wit weed in highschool or just cruisin round and every time the cop just took out stuff and let us go wit nothin not even a warnin. even when this cop would bust all our high school parties he'd come take all the booze and let us all go. not even call our parents. then  my senior year the same exact cop got busted wit dirty piss test for job im guessin and they serched his house to find his garage stocked with all **** loads of assorted bottles of liquor and beer i mean alot. and a broad variety. a lil too much variety for someone to have just stored all up in garage. gee wonder where it all came from. and they found a shoe box full of assorted pipes and  found like 2 ounces of weed total  5 seperate bags. all different grades they said. it was rumored he was keepin stuff for himself. someone finally spoke up and of course he got canned lol


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## TokeWithHope (Aug 26, 2008)

exactly and thats the downfall of our society everyone today does whatever they gan to personally advance or get by. every cop abuses their power at some port its in the stats. thats y i hate them maybe if they played s*** out far they would be some what appreciated except for when they bust any1 on weed cause everyone knows that all the bad stuff they say about weed is mostly hype


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## Blend No. 420 (Aug 26, 2008)

You can't hate on every cop. They have a job just like all of us. It's just some of them just like to take it a little too serious. I have several close friends in law enforcement, but not all of them know I smoke. You guys are acting just like them in that you have a biased opinion towards cops from a limited stand point.

That is what the deputy did. He had an opinion about cannabis smokers. Obviously lumping Dean Brown into a category with chemical drug users. This kind of treatment is caused by a lack of knowledge about cannabis use. We all have a responsibility bring answers to the uninformed, a BIG bowl won't hurt either.
:48:

Anyways, just my $0.02


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## time4tokin20s (Aug 26, 2008)

Come on!I know some cool cops that do their job well.The problem is with the other 99%.Do you really think most cops are just uninformed and that's why they hate us?Most cops know pot isn't bad but it's politics and they are the storm troopers.It's been this way ever since they started rounding up minorities in the 40's.Our local governments are making a fortune off us.If you think going up to a cop and showing him the history a marijuana is going to change his mind then go try it with your cop buddies that don't know you smoke.Then break out the bowl....


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## SirSmoke-a-Lot (Aug 26, 2008)

he didn't get lucky.. the cops messed up.  he is actually smart and they played their cards right.


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## zipflip (Aug 26, 2008)

time4tokin20s said:
			
		

> Come on!I know some cool cops that do their job well.The problem is with the other 99%.Do you really think most cops are just uninformed and that's why they hate us?Most cops know pot isn't bad but it's politics and they are the storm troopers.It's been this way ever since they started rounding up minorities in the 40's.Our local governments are making a fortune off us.If you think going up to a cop and showing him the history a marijuana is going to change his mind then go try it with your cop buddies that don't know you smoke.Then break out the bowl....


 
:yeahthat: I TOTALLY AGREE WIT U ON THAT ONE


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## Blend No. 420 (Aug 26, 2008)

Blend No. 420 said:
			
		

> I have several close friends in law enforcement, but not all of them know I smoke.



I have to correct that statement, as of last night they all know I smoke. I was sitting here reading and smoking when he came beating on the door. He knew I was up so I couldn't just ignore him knocking. We smoked and talked for almost two hours before he had to go back to work.

I felt kinda bad sending a blazed cop out on the streets. Kinda, but not too bad. I knew all he would be doing was protecting some donuts and finding a hiding spot. lol


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