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Keeping Drug Vehicle, § 961.42(1) – Elements, Generally

State v. Wayne Charles Slagle, 2007 WI App 117
For Slagle: Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding:

¶2    … Because the State charged Slagle with keeping or maintaining a “vehicle” used for “keeping” cocaine, the State needed to prove the following three elements:

1.         Slagle kept or maintained a vehicle.

2.         Slagle’s vehicle was used for keeping cocaine. “Keeping” requires that the cocaine be kept for the purpose of warehousing or storage for ultimate manufacture or delivery. It requires more than simple possession.

3.         Slagle knew the vehicle was used for keeping cocaine.

See Wis JI—Criminal 6037B. The first and second elements both employ variations of the word “keep.” Thus, it might be said that Slagle was charged with “keeping a vehicle used for keeping a controlled substance.” …

 

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