Man convicted of marijuana possession to get new trial

Associated Press

MADISON, Wis. (AP) Prosecutors cannot use 14 pounds of marijuana as
evidence if they retry a man whose rights were violated by an illegal
police search, a Wisconsin appeals court ruled.

Drug agents did not read Scott Kiekhefer his rights until after the search,
voiding Kiekhefter's 1995 conviction and threeyear prison sentence, the
2nd District Court of Appeals ruled Wednesday.

The statements and the evidence should have been suppressed because
Kiekhefter's statements and consent to a search ''were obtained in a
coercive manner and were not freely and voluntarily given,'' the court ruled.

The search was also conducted without probable cause and without a warrant,
which violates the Fourth Amendment, the court said.

Police showed up at Kiekhefer's home in March 1995, believing he was
holding marijuana and guns for another suspect, the appeals court said.

After Kiekhefer's mother let them in, they smelled the odor of burning
marijuana outside Kiekhefer's bedroom door. Four officers entered the
bedroom unannounced, and searched and handcuffed Kiekhefer and a friend,
court documents said.

Asked if there were any drugs in the room, Kiekhefer pointed to a marijuana
cigarette in the ashtray. He also said there was a bag of marijuana in a
dresser, the court said.

Drug agents asked for permission to search the rest of the room. One
officer told Kiekhefter that if they had to get a search warrant, they
would tear up the entire house, the appeals court said.

Kiekhefer agreed to the search and told them there was a gym bag in the
closet that contained 14 pounds of marijuana. After the search, agents read
him his rights. About two hours later when he decided to talk to
authorities, the warnings were reread and Kiekhefer gave a written
statement, court documents showed.

Kiekhefer's request in circuit court to suppress the evidence was denied,
so he agreed to plead no contest to marijuana possession in October 1995.

The appeals court ruled the evidence and statements Kiekhefer made should
have been suppressed.

Authorities found the marijuana only after they entered his room without a
warrant, arrested him, questioned him and then obtained his consent to
search all before they read him his Miranda rights, the appeals court
ruled.

Miranda rights tell suspects about their right to remain silent.

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