Pubdate: Tue, 28 Aug 2007
Source: Green Bay Press-Gazette (WI)
Copyright: 2007 The Associated Press
Contact: http://www.greenbaypressgazette.com/contact/forms/editor_letter.shtml
Website: http://www.greenbaypressgazette.com/
Details: http://www.mapinc.org/media/879
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

ALGOMA MAN'S POT CONVICTION OVERTURNED

WAUSAU -- A state appeals court today reversed the drug conviction of
an Algoma man who dropped a bag of marijuana in front of a police
officer, saying the officer didn't have enough reason to detain him.

An Algoma police officer followed Christopher Konkol, 22, to his home
on Sept. 17, 2005, because he suspected there was an outstanding
warrant for Konkol's arrest, court records said. Konkol denied there
was an outstanding warrant.

As he waited for the officer to do more checks, Konkol dropped a small
bag containing a "trace amount" of marijuana to the ground and covered
it with his foot, court records said.

The officer confiscated the bag and arrested Konkol, who later pleaded
guilty to misdemeanor possession of marijuana.

Kewaunee County Circuit Judge Dennis Mleziva had ruled the officer had
a "reasonable suspicion" for stopping Konkol because he remembered
seeing his name on an active warrant list, although he couldn't
remember when or what for.

In overturning the conviction today, 3rd District Court of Appeals
Judge Michael Hoover said police need more than a "mere hunch" to
suspect someone of a crime.

"Reasonable suspicion" requires specific facts and reasonable
inferences from them, he wrote. 
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