Legal Question in Criminal Law in Wisconsin
Hi, my name is Heather Merritt. My boyfriend Ryan Scifo was arrested tonight 05/05/2010. The cop had said he pulled us over because our car was reported driving wreckless the day before. However, we didn't go anyway all the day and all that night. Then after running Ryan's name he came back and arrested Ryan on a drug possession charge (herion).
Two weeks ealier Ryan and I had gotten stopped for speeding but when they ran his name nothing came up. Ryan just took care of all his warrants and everything else so that he could get his license back, which he did. Now somehow within two weeks he gets a possession charge but they didn't find anything on him the car was searched with a K-9 and found nothing. How do you get a charge like that without knowing about it. Don't they have to find drugs on you in order to charge you with it. Please help me understand because I really believe that all of this was a bunch of bullshit. Please get back to me as soon as possible! It would mean the world to me. My e- mail is [email protected]
Thank you for your time!
1 Answer from Attorneys
Your boyfriend needs an experienced criminal lawyer as soon as possible. My guess is that far more is going on in this investigation than you may be aware of. Police are allowed to search vehicle which are being operated on public roadways any time that they have reasonable suspicion of criminal activity or feel that their safety is threatened due to weapons possibly being hidden in the car. That information can come from many sources including statements of other persons who know you or your boyfriend. If they lack such reasonable suspicion, the fruits of any such search may be suppressed if a motion is properly presented to the court. If they have no such �reasonable suspicion,� they may be violating his civil rights, which may provide you with legal cause to sue them. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.
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