News (Media Awareness Project) - US WI: Judge Upholds Raid Of Suspected Marijuana Farm |
| Title: | US WI: Judge Upholds Raid Of Suspected Marijuana Farm |
| Published On: | 2001-02-01 |
| Source: | Milwaukee Journal Sentinel (WI) |
| Fetched On: | 2008-01-27 01:15:33 |
JUDGE UPHOLDS RAID OF SUSPECTED MARIJUANA FARM
Agents Did Not Violate Brothers' Rights, Court Says
Port Washington - Drug agents did not violate the rights of a 74-year-old
Town of Belgium farmer during a search of property where he was suspected
of operating one of the state's largest marijuana farms, an Ozaukee County
judge ruled Wednesday.
"I think the officers in all respects acted reasonably," Judge Walter J.
Swietlik said in denying motions to suppress the evidence.
The farmer, David Burmesch Sr., and his brother, Eugene, 80, are scheduled
to go on trial March 22 on charges that they ran one of the largest
marijuana-growing operations ever found in Wisconsin. In a raid of the farm
last Sept. 1, agents from the state Department of Justice seized 498
marijuana plants and 98.5 pounds of processed marijuana.
The state criminal laboratory may have trouble positively identifying all
of the alleged marijuana found at the farm in time for the trial because of
the large amount involved in the case, Sandy Williams, the Ozaukee County
district attorney, told Swietlik Wednesday.
Agents went to the farm because they received an anonymous tip that there
was a large marijuana-growing operation there.
Attorney Kirk Obear, who is representing David Burmesch, argued Wednesday
that the agents should have taken more care in informing David Burmesch of
his right to refuse them entry to the property. Because of his client's
age, Obear argued, Burmesch required more detailed explanation.
Williams countered that David Burmesch voluntarily took the agents to a
rear area, which he called a secret field, where the marijuana allegedly
was being grown.
"Their vision of what they saw was enough probable cause to make an
arrest," she said.
After hearing the arguments and reviewing the briefs, the judge said David
Burmesch knew what he was doing, and that the agents had properly advised
him of his rights.
"He gave them permission to look over the fence" where the secret field
was, Swietlik said, in denying the motions.
The two brothers are scheduled to be tried together before a jury March 22.
Eugene Burmesch has his own attorney and did not appear in court Wednesday.
Agents Did Not Violate Brothers' Rights, Court Says
Port Washington - Drug agents did not violate the rights of a 74-year-old
Town of Belgium farmer during a search of property where he was suspected
of operating one of the state's largest marijuana farms, an Ozaukee County
judge ruled Wednesday.
"I think the officers in all respects acted reasonably," Judge Walter J.
Swietlik said in denying motions to suppress the evidence.
The farmer, David Burmesch Sr., and his brother, Eugene, 80, are scheduled
to go on trial March 22 on charges that they ran one of the largest
marijuana-growing operations ever found in Wisconsin. In a raid of the farm
last Sept. 1, agents from the state Department of Justice seized 498
marijuana plants and 98.5 pounds of processed marijuana.
The state criminal laboratory may have trouble positively identifying all
of the alleged marijuana found at the farm in time for the trial because of
the large amount involved in the case, Sandy Williams, the Ozaukee County
district attorney, told Swietlik Wednesday.
Agents went to the farm because they received an anonymous tip that there
was a large marijuana-growing operation there.
Attorney Kirk Obear, who is representing David Burmesch, argued Wednesday
that the agents should have taken more care in informing David Burmesch of
his right to refuse them entry to the property. Because of his client's
age, Obear argued, Burmesch required more detailed explanation.
Williams countered that David Burmesch voluntarily took the agents to a
rear area, which he called a secret field, where the marijuana allegedly
was being grown.
"Their vision of what they saw was enough probable cause to make an
arrest," she said.
After hearing the arguments and reviewing the briefs, the judge said David
Burmesch knew what he was doing, and that the agents had properly advised
him of his rights.
"He gave them permission to look over the fence" where the secret field
was, Swietlik said, in denying the motions.
The two brothers are scheduled to be tried together before a jury March 22.
Eugene Burmesch has his own attorney and did not appear in court Wednesday.
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