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Tosa Man Charged For Allegedly Possessing Mushrooms and Marijuana

The 19-year-old was busted with the drugs after speeding past a Wauwatosa police officer in March.

A 19-year-old Wauwatosa man is facing felony charges after he was caught allegedly carrying marijuana and psychedelic mushrooms inside his car during a traffic stop.

Brian A. Penn was charged in Milwaukee County Circuit Court Saturday with one count of possession with intent to deliver a controlled substance. If convicted, he faces up to 3½ years in prison and $10,000 in fines.

According to the criminal complaint:

On March 11, a Wauwatosa police officer was parked in a squad car near North 90th Street and Menomonee River Parkway when he heard a car accelerate quickly, then drive past doing 43 mph in a 25 mph zone. The officer pulled the car over and found Penn driving.

The officer also noticed inside the car the strong smell of air freshener, which is commonly used to cover up the smell of drugs, so he called for a K-9 unit to assist him.

The police dog pointed to a backpack in the rear of Penn’s car, in which the officer discovered 53 grams of marijuana and 15.77 grams of psilocybin mushrooms.

Penn told police he buys the marijuana from out of state and sells it, but keeps the mushrooms for personal use.

He will make his initial appearance in court Sept. 6. 

Nick Schweitzer August 7, 2012 at 03:08 pm
Wait... so now air freshener is an excuse to search a car?
Bill Wild August 7, 2012 at 05:39 pm
I've never done drugs. I certainly would never sell drugs. But this guy apparently never got rule 1 from his parents or dealer: If you're caught by police, shut up and wait for a lawyer, DO NOT tell the police that you're just importing drugs for sale, you idiot!
nigmalg August 8, 2012 at 02:48 pm
Remember folks, the drug dog itself doesn't constitute a search. However, the police keeping you there to wait for the drug dog to arrive constitutes an unreasonable seizure. They're basically saying here that the air freshener is enough PC to detain you longer. And that's insane.

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