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Defendant's Motion for Directed Verdict

e also testified that the Defendant is always present in the store when Warhohl purchases the rolling paper packages (Trial Transcript, 7).

Lennon also testified that the Defendant's store is decorated with posters of sixties rock groups such as the Grateful Dead and the Mamas and Papas as well as a poster of a marijuana plant. The poster of the plant contains the slogans "legalize marijuana" and "smoke a joint today, it makes you feel good." In addition, the store finds speakers and makes travel arrangement for those interested in attending the annual Midwest Marijuana Harvest Festival.

John Biaz is an investigator employed by the City of Wausau Police Department, currently assigned to the City of Wausau Metropolitan Enforcement Group-Drug Unit (Trial Transcript, 13). On October 24, 1996, Biaz was observing Andrew Warhohl because he received a tip from a reliable citizen informant that Warhohl was a regular drug supplier to high school students (Affidavit, 1). On that day, Biaz observed Warhohl approach the residence of Berry Weir holding what appeared to be a full brown paper bag. Biaz observed Warhohl exchange the paper bag with Weir for what appeared to be money. At that time, Weir dropped the bag and a large number of what appeared to be marijuana cigarettes fell from the bag to the ground (Affidavit, 1).

At this time, Biaz approached Weir and Warhohl and further observed the marijuana cigarettes and five empty packages of Crown's Rolling Paper (Affidavit, 2). Included in the bag was a receipt for the rolling paper on which was imprinted the name of the Defendant's store, from which it had been purchased, and the price tag of each package of rolling paper. The Defendant had initialled the receipt, as is store practice for the person who sells the merchandise (Affidavit, 2). Biaz seized the marijuana cigarettes, the receipt, the rolling paper packages, and $500 in cash.

After waiving his right to remain sile...

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Defendant's Motion for Directed Verdict. (1969, December 31). In LotsofEssays.com. Retrieved 23:59, May 01, 2024, from https://www.lotsofessays.com/viewpaper/1682865.html