Pubdate: Tue, 13 May 2003 Source: Milwaukee Journal Sentinel (WI) Copyright: 2003 Milwaukee Journal Sentinel Contact: http://www.jsonline.com/ Details: http://www.mapinc.org/media/265 Author: Annysa Johnson Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) WARRANT FLAW TOPPLES CHARGES Signature came after drug raid; West Allis chief to investigate West Allis - Police Chief Dean Pushnig said Monday that he will investigate a West Allis woman's allegation that police executed a drug raid on her home without a valid search warrant, then tried to cover it up. Angela Talaska, 34, was arrested and accused of dealing marijuana after as many as 20 West Allis police officers raided her home May 5. But Officer Chad Evenson, who obtained the warrant, forgot to get it signed, then collected the signature after the raid without telling the court commissioner the bust had already occurred, Pushnig and the Milwaukee County district attorney's office said Monday. Talaska also claims that in the days after her arrest, officers returned to her home to tell her they were dropping the charges and to ask for any documents she still had, insisting, "this never happened." "Well, guess what, it did happen," said Talaska, who admits smoking pot but maintains she's no drug dealer. Milwaukee County Court Commissioner Audrey Brooks said she would not have signed the search warrant had she known the raid had already occurred. "Once the error was found, they should have stopped any search and come back and consulted with the DA's office, but that didn't happen," she said. Brooks learned of the irregularity only after Evenson notified Assistant District Attorney Steve Licata the afternoon of the raid. Licata told Evenson the district attorney's office would not file charges as a result of the tainted search because any evidence obtained would likely be suppressed. He also demanded that the officer tell Brooks about the misstep the next morning. According to police records, West Allis officers raided Talaska's home about 9 a.m. May 5 before Evenson realized he had not had the search warrant signed. While other officers stayed to question Talaska, Evenson left to get the warrant signed. According to the report, police confiscated nine small bags of marijuana, plastic bags, paraphernalia and a postal scale. Talaska said she was unaware of any pot in the house except the small amount she kept in her jewelry box for personal use and said the scale belonged to her 19-year-old son, who had recently moved back home. Talaska said she asked repeatedly during the raid to see the warrant but was told to shut up. She said she was finally given a copy at the police station later that morning. The next day, she said, Evenson stopped by to tell her that the dealing charge would be dropped "due to an error in the search warrant" but West Allis police still would cite her and her son for possession. She was pleased, she said, until Thursday, when she got an anonymous call from a pay phone - it was recorded on her digital phone - telling her that the warrant had not been signed. Talaska said she went outside, dug the warrant out of the trash and read it. "I didn't know what he was talking about. It was signed," she said. "And then I saw it. It wasn't signed until 10:42." Talaska said a second officer, whose name she did not know, came by her house later that day saying even the municipal tickets were being dropped and asking for any documents she still had, saying, "It will be like this never happened." Talaska said her son turned over his ticket but she declined. West Allis City Attorney Scott Post said he ordered the municipal tickets dismissed after learning of the circumstances in a letter from Licata on Thursday. "The same search and seizure problems that would keep the DA from filing charges would also be a problem for us," he said. Pushnig said officers were instructed to retrieve the tickets, but he was unaware they had asked for anything else. "To say, 'This never happened,' that doesn't make sense to me," Pushnig said. - --- MAP posted-by: Josh