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 Home > Police > Story

Published - Monday, January 14, 2008

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Appeals court upholds Tomah police officer's search

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MADISON — A Wisconsin appeals court ruled Thursday that Tomah police were justified in searching the locked car of a man who had been arrested for driving with a revoked license.

The District 4 Court of Appeals upheld the search of a vehicle driven by Michael Littlejohn, 28, of Sparta, in April 2006 in which officers reportedly found marijuana and cocaine.

Two officers had followed Littlejohn to a small parking lot after observing what was termed suspicious behavior. Littlejohn got out of the car and locked it before being detained by an officer a few moments later and arrested for driving on a revoked driver’s license, according to court records.

Police then searched the passenger compartment of Littlejohn’s car, where they reportedly found marijuana and cocaine. Further searching turned up four gallon-sized plastic bags containing what appeared to be additional marijuana and cocaine, and a digital scale in the trunk, according to court records.

After he was charged with several crimes, including possession of marijuana and cocaine, both with intent to deliver, Littlejohn claimed the search was illegal because he had no control over the vehicle at the time of his arrest.

The state countered case law supports the officers’ right to search the passenger portion of the vehicle to prevent destruction of evidence or to make sure the defendant is not able to acquire a weapon.

Monroe County Circuit Judge Steven Abbott granted the motion after concluding the vehicle and trunk searches were illegal because Littlejohn “(was) arrested when he (was) out of the vehicle.”

The appeals court said Abbott’s ruling did not properly follow state case law and ordered the case returned to circuit court so Littlejohn can be tried.
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Sinestro wrote on Apr 28, 2008 8:36 AM:

" Drug dealers who get caught speeding,without plates or license,expired tags and faulty taillights always make me laugh out loud! They should be sent to jail for their stupidity alone!
With events like the Turner murders , drug dealers are scarier then i thought and i for 1 am glad the TPD caught this dope.
Of course his behavior was suspicious -he was hopped up on goofballs! "

new to town wrote on Apr 23, 2008 11:06 PM:

" The first poster on here had the right idea... The UNIFORMED officers NEED to be held accountable. I served my country for four years in the Armed Forces. I gave up MANY rights for the priveledge of serving. Now that I'm home, and I look around at what is happening, it makes me sick! When I wore a uniform, I was held to the UCMJ (Uniformed Code of Military Justice). It was an entirely different set of rules for us who served. Maybe we NEED to enact such rules for our LEOS too! At the end of the day these LEOS are still MEN, who put their pants on the same way as everyone else. They NEED to be taken down a notch and reminded who it is they work FOR!! Not AGAINST! We see in the papers what happens to those who get caught, but what about those who dont??? What about ALL that is covered up? "

sad wrote on Apr 18, 2008 11:39 PM:

" so what was the suspicious behavior was he making funny faces. I've been stopped walking down the street for no reason at all! And I've been search for no reason for all. But i was lucky enough to get out of the illegal search. I say lucky because if the police want a conviction they will have it and there's nothing you can do about it. They are in contral not you. So make sure your shoes are tied when you walk down the street. They start stopping people for that now too. "

whatever wrote on Mar 20, 2008 7:34 AM:

" i have had run in with tomah pd too not over drugs but if he was breaking the law (which with that much dope he was ) it is a good thing they did seach it come on pple if you disagree to this maybe they need to seach your cars too they would probally find the same thing a good way to say out of trouble is to stop breaking the law !!! "

INNOCENT wrote on Feb 5, 2008 4:51 PM:

" I CALLED THE TPD WHEN MY APARTMENT WAS BROKEN INTO. THEY SAID THEY WERE A LITTLE BUSY, COULD I MAYBE CALL BACK ANOTHER DAY!!!!!!!!!!!!!!!!!! I CANT STAND THE TPD!!! "

Moved Away wrote on Jan 31, 2008 6:38 PM:

" I lived in Tomah for a few years and seen the way the PD is able to do as they please. I Had a Tomah Officer pull his handgun and point it at my son and asked him how it feels to have aloaded gun aimed at him. My son was 15 it was at 11pm at night and all he was in violation of was a curfuew. I reported this to the Chief of police at the time and was told" my officer said he never pulled his gun on your son" end of story. Thats why i moved out of Tomah. "

cops wrote on Jan 28, 2008 9:19 PM:

" cops rule and dont do drugs "

Joey wrote on Jan 25, 2008 3:10 PM:

" Monroe County Circuit Judge Steven Abbott is obviously an idiot. He should not be a judge if he doesnt know the law. Thats the problem with Monroe County. The Police do their job and clowns like Abbott puts these people right back on the street to break the law again. Idoits should be removed from the bench. "

Wakeup! wrote on Jan 21, 2008 8:09 AM:

" This is called search incident to arrest. The police saw him driving the vehicle, the behavior which lead to the arrest happened during Littlejohn's operation of his vehicle, and the arrest took place shortly after he got out of his vehicle. This is standard police procedure! Anytime someone is arrested while driving the police have the obligation to search the vehicle. It is due to the mobility of vehicles, and the potential for any evidence to be easily removed. The standard for the right to privacy is considerably less for vehicles than homes. "

re: seems strange wrote on Jan 19, 2008 7:24 AM:

" Its called "search incident an arrest"... when you get arrested, you get searched,...when your in a car and you get arrested, your car gets searched...happens legal everyday in this great country...educate yourself a little before making silly posts "

a former student wrote on Jan 17, 2008 6:25 PM:

" If this idiot didn't want to get busted with drugs he should have had someone with a license drive for him. He was breaking the law driving so the cops have the right to search. Pretty simple. "

RE:Idea wrote on Jan 17, 2008 12:48 PM:

" Your so right, hey how about the TPD observe these parking lots and do a little arresting of the Drug runners, but that would mean they have to worry about REAL criminals that carry guns "

This seems very strange wrote on Jan 17, 2008 12:47 PM:

" So if your driving with a revoked license you will get your car searched? What did the car have to do with him having a revoked license?....I have seen TPD do some pretty strange things in the past 40 years and make up stories to cover up there searches and this one sounds fishy, but They can search anyone for any reason at any time , and if you think your safe in your house that is another joke, they can BREAK IN and toss your house with just a simple call to the hotline say you have drugs in your house, this has happened before and will continue to happen in the future.

You guys arguing over rights when it concerns the police are nuts, since the war on drugs they have had the ability to search anyone at anytime as long as they tie it to Dope. but the ret*rded dems talk about losing out rights now, 30 years after we lost the biggest right of all, the right to privacy in the war on drugs. Any cop can make up a good reason to search any car so just get used to it if you look like a Doper "

Idea wrote on Jan 16, 2008 11:57 AM:

" How about a few citizens atay up a little late on saturday nights and watch some of these parking lots by the interstate? Everything seems soo nice in town on quiet sunday mornings. Just walk by these places at night and see what are kids are doing with the thugs from Minneapolis, Chicago and Michigan. Tell me then if there is not problem in our town . "

Get Real wrote on Jan 15, 2008 9:40 PM:

" Police did the search, the trial Judge threw it out, the appelate court ruled that the trial Judge made a mistake and sent it back. The defendant can appeal to the State Supreme Court if he wants. This is exactly how the system is supposed to work. What more can you reasonably ask for? How does this equate to a police state? In a Police state there wouldn't have been a trial and IF there was, a Court of Appeals certainally wouldn't be overiding it. "

RE: So much for your freedoms wrote on Jan 15, 2008 8:24 PM:

" LOL....thats too funny. Maybe you should study the fourth amendment a little more. Bottom line: Don't break the law. LOL...thanks for the laugh though. "

CFSMAN1 to previous poster wrote on Jan 15, 2008 5:35 PM:

" To: So much for your freedoms...
That is why you are a nobody and the Judges decide these important civil rights things. They are educated, intelligent, and informed. Way to go Tomah PD for getting dope, guns, and felons off the streets!! Thanks!!!
"

So much for your freedoms. wrote on Jan 15, 2008 8:11 AM:

" You see what this means don't you? We live in a police state. They (officers of the law) can search your car, house, etc.. If they feel that they need to, for any reason whatsoever, (even a broken taillight) and state they were worried about distruction of evidence, or to make sure that you can not obtain a weapon. (what do either of them have to do with driving after revocation? not a dang thing) We have just lost all our rights to privacy. and when it comes to certain officers being placed under arrest lately for stealing from motorists and engaging in sexual contact with inmates it make me worry what else they feel that the have the rights to do. "


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