Agent illegally seized drugs before Phish concert, court rules

[Kanada Kev]

Busted for Ketamine, die of a H overdose, then the courts let you off ... strange and tragic"

http://www.duluthsuperior.com/mld/duluthsuperior/news/politics/15621788.htm

Agent illegally seized drugs before Phish concert, court rules

RYAN J. FOLEY

Associated Press

MADISON, Wis. - A state agent illegally seized drugs from a man sitting in a parked car before a 2004 Phish concert, a state appeals court ruled Wednesday.

A Wisconsin Department of Justice agent violated Jordan Starling's constitutional rights by reaching into the car to take a Kleenex he was trying to conceal, the District 2 Court of Appeals said in a 2-1 decision.

The Kleenex contained several plastic baggies of ketamine, a white powdery substance that is a club drug.

Starling had traveled from his home in Kansas for the outdoor concert at Alpine Valley south of Milwaukee. He pleaded guilty to drug possession after his motion to suppress the evidence was denied and was sentenced to six years of probation.

But he argued in an appeal that the seizure violated his Fourth Amendment rights.

The ruling is only a symbolic victory because the 22-year-old died earlier this year of a heroin overdose, defense attorney Aaron Resar said. Still, he said the decision clears his client's name because it would likely have led to a dismissal of the charge.

"It was clear that the police officers were incorrect in their actions," Resar said. "I hope this is reinforcement, but those laws have been around for a long time."

Assistant Walworth County District Attorney Steven Madson, who prosecuted the case, did not immediately return a phone message.

Prosecutors said the state narcotics investigator had probable cause for the search for a number of reasons: Drug use before Phish concerts is high, Starling was sitting in a parked car with three others on a beautiful June day, and Kleenex is often used to hide drugs.

Starling first said the Kleenex was "candy" and then "nothing," they said.

Judges Daniel Anderson and Richard Brown rejected those arguments, saying the agent did not have enough evidence of illegal drug activity for the search.

"Starling appears to have been arrested principally because he held a balled-up Kleenex in his hands in a vehicle parked in the lot of a concert venue and tried to conceal it," Anderson wrote.

In a dissent, Judge Neal Nettesheim said the agent used common sense in determining Starling probably possessed drugs.

[Basher]

I love how the lawyer says this clears his client's name. Yes, THAT client, the one that died of a heroine overdose. His name is all nice and clear now.

[Kanada Kev]

Eggsactly! You gotta love their "probable cause" too:

Prosecutors said the state narcotics investigator had probable cause for the search for a number of reasons: Drug use before Phish concerts is high, Starling was sitting in a parked car with three others on a beautiful June day, and Kleenex is often used to hide drugs.

Edited September 27, 2006 by Guest

[Basher]

Yeah, that probably cause is hilarious. Isn't Kleenex more often used to hide snot?

[Kanada Kev]

That would be classic. Here you go officer. Do you really want my Kleenex? There's a nice big suprise in ther fer ya

Edited September 27, 2006 by Guest

[Basher]

Yeah, I typically suffer from bad allergies, and a pocket full of Kleenex is common for me. Once, when entering a show at the Opera House, the security turd felt my pockets and asked me what was in there. I told him nothing but Kleenex. H asked me to show them to him, cause "that's what I am interested in".

I happily obliged.

[djmelbatoast]

This reminds me of that scene in "Where the Buffalo roam", where Craig T Nelson is talking about a "furtive gesture".

[zero]

furtive gesture, awesome