Wisconsin police typically need a warrant to enter and search a person’s private residence. In fact, if they show up unannounced and request entry to a person’s home, the person in question does not have to consent to a search. There are exceptions to the rule, however, such as issues included in Wisconsin Act 79. Police say it was these issues that prompted them to enter a woman’s apartment recently after they reportedly smelled a strong odor of marijuana at her door.
If a person has a past conviction and is on extended supervision or probation, Wisconsin Act 79 states that police do not need a warrant to search his or her property. An officer that was present when a 26-year-old woman opened her apartment door says a search was conducted when the aroma of marijuana wafted out into the hallway. Upon searching the woman’s apartment, police claim to have confiscated marijuana, as well as multiple other drugs.
Police arrested the woman, who was on extended supervision at the time. The woman was recently released from prison and has several past convictions for drug crimes on her record. Past convictions do not mean that a subsequent arrest on suspicion of a similar crime will automatically lead to conviction, however.
Anyone in Wisconsin accused of marijuana crimes or other drug-related charges is guaranteed an opportunity to refute those charges in court. There are often defense strategies and options available of which the average citizen may not be aware. This is one of many reasons it pays to reach out for immediate legal support if police make an arrest and criminal charges are filed.