In yet another story that brings more questions than answers, a Milwaukee man has been arrested after police just decided to knock on his hotel room door. An unidentified female opened the door and the officer said he immediately smelled marijuana. The man let the officer into the room where police allegedly found more drugs, including large quantities of oxycodone pills, cocaine and heroin. The 27-year-old man is now facing criminal drug charges and up to 30 years in prison, if convicted.
The man was charged with two counts of possession with intent to deliver. The first charge is a result of having more than 3 grams of heroin in his possession. The second intent to deliver charge is in connection with the more than 5 grams of cocaine he allegedly had in the room. In addition to the prison sentence he could be facing $100,000 in fines. No report on whether the female who opened the hotel room has been charged in the incident.
The circumstances surrounding this particular bust seem a little shaky in that there was no report the officer had a search warrant or a probable cause to even knock on the man's hotel room door. The report stated he did not smell the marijuana until the door was opened, but does that give the police the right to enter the abode? What about the fact that the report states the suspect just "let the officer into the room"?
Then there is the question of how the drugs were actually found. The report states the officer simply picked up a folder off of a table and in doing so "discovered" the two bags with six grams of cocaine in each bag? Could that possibly be an illegal search and seizure? Did the suspect give him permission to go rooting around his personal property? The report goes on to say the officer searched the room and found the eight grams of heroin and more than 50 oxycodone pills in some clothing inside the room.
It would probably be beneficial for the suspect to consult with an experienced Milwaukee criminal defense attorney to ensure his rights are protected and he has not been subject to an illegal search. A criminal defense attorney is trained in examining not only the evidence and how it was obtained, but how to detect improper police procedures that may fall short and violate a person's civil rights.
Source: Oak Creek Patch, "Man Facing Two Drug Charges, 30 Years in Prison," Joe Petrie, May 24, 2012