Saturday, June 05, 2021

"Government Man" Hagedorn--Again

Interesting story on SCOWI decisions.

...In a case from Sheboygan, the court in a 4-3 decision vacated the drug possession conviction of a woman who was sitting in her parked pickup truck with a passenger in November 2017.

Based on an anonymous call that a truck had been parked for about an hour near 6th Street and Superior Avenue, Sheboygan Police Officer Sung Oetzel pulled up behind, put on his lights and told Heather VanBeek about the call.

She told Oetzel she had picked up her boyfriend and they were visiting and they'd been parked less than an hour. Oetzel took their driver's licenses, ran them and found no outstanding warrants. But he did learn VanBeek had a prior overdose incident and that her boyfriend was on supervision....

The cop called for a drug-sniffing dog, stalled the couple until the dog arrived; the dog hit on some meth and a pipe.

...The majority, in an opinion written by Justice Patience Roggensack, found that in the "totality of the circumstances," the officer didn't have probable cause to extend the interaction with VanBeek...

Assuming the J-S story is accurate (yes, it's a big assumption) Roggensack is correct.  Parking for an hour and chatting with your honey is not probable cause for anything other than a parking violation.

But Little Brian Hagedorn--a Government Man--would have 'parking and chatting' become probable cause for arrest and jail.

This has been another in the series of "Hagedorn:  Gummint Man" which demonstrates that Wisconsin conservatives made a horrible mistake.

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