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Appeals court upholds drug conviction of Milwaukee man

Judges gavel and stryker By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Judges gavel and stryker By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

MILWAUKEE (WTAQ) - A man failed to convince a state appeals court Tuesday that Milwaukee Police acted illegally when they arrested him for drug offenses.

The First District Appellate Court upheld the conviction of 32-year-old Gary Scull.

Police were acting on a tip when they went to Scull's north side Milwaukee house with a drug sniffing dog in 2010. A detective walked the dog around the home -- and the dog discovered evidence at the front door.

Officers returned with a search warrant and found drugs and paraphernalia in the home. Scull was later convicted for cocaine possession and maintaining a drug house.

He contended that police searched his home without a warrant. The appellate judges agreed Tuesday that the resulting warrant was not valid -- but they still upheld the conviction, insisting that police believed in good faith that their search was constitutional.

Therefore, the court said it was proper to use the drug evidence against Scull.

(Story courtesy of Wheeler News Service)

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