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Jun 26, 2023

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WAUKESHA — A Franksville man is accused of possessing several illegal drugs in Brookfield during June near a hotel. Nicholas D. Eberle, 41 appeared on Friday in Waukesha County Circuit Court to face charges of possession with intent to deliver heroin, methamphetamine, fentanyl, cocaine, maintaining a drug trafficking place, and felony bail jumping. If convicted he faces over 100 years in prison. He was released on a $100,000 cash bond on Tuesday.

On June 28, the Brookfield Police Department was dispatched to a hotel on South Moorland Road to investigate a report of a woman who was standing outside of her car with the trunk open. An officer located her and a man who was identified as Eberle, sitting in the front passenger’s seat sleeping. The woman said she was starting her day prior to leaving the hotel while Eberle was sleeping. They were told to leave the hotel area, the criminal complaint said.

Later on that morning police were dispatched back to the hotel regarding the woman and Eberle who were allegedly soliciting men, the complaint said. When officers arrived they believed the woman and Eberle were under the influence of some sort of illegal substance, the complaint said. Due to the suspicious behavior, the officers requested a K-9 to sniff their car. An officer observed a zippered pouch on the driver’s side floorboard of the car. While the contents were not visible, the officer suspected the pouch may have been a kit which had drug paraphernalia such as tie-offs, push rods, or other items used to consume illegal drugs, the complaint said. The officers were told there were no available K-9’s working in Waukesha County or in nearby jurisdictions at the time. The officer asked Eberle for consent to search the car since he had the car key. Eberle denied this consent and asked if he was free to leave. The couple left the area, the complaint said.

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Finding another way to search the car

An officer conducted a search of the license plate of the car and learned it was registered to a BMW dealership located in Lake Bluff, Illinois. The dealership manager said the car was loaned to Eberle because his car was still being worked on. The officer relayed that the loaned car had damage to it. After learning about the damage, the manager indicated he wanted the car back. Officers stood by on scene as an employee of the dealership responded to the location to retrieve the car. The employee completed a permission to search form for the car on behalf of the dealership. The employee unlocked it with a spare key, the complaint said.

The officer found the zippered pouch on the front driver floorboard. Inside he located a glass smoking pipe as well as a U.S. currency and used tinfoil used to burn illegal substances. He located push rods and white rock-like substances inside a small corner cut baggie. The substance was found to be methamphetamine. In the trunk of the car was a black case which contained a credit card scanner and numerous blank credit cards with a single black stripe and no other markings. In the backseat they found a backpack with a canister with a lock and numerous keys. One of the keys opened a black safe which had methamphetamine in it, the complaint said. The safe also contained a wallet with the Batman symbol on it, which contained a Wisconsin instruction permit license issued to Nicholas Eberle.

The car was towed to the Brookfield Police Department and officers searched and found more methamphetamine, heroin and fentanyl.

A MOD GT brand firearm was found in the car. In total, 111.31 grams of methamphetamine, 35.21 grams of fentanyl, 13.8 grams of cocaine and 9.62 grams of heroin were recovered from the vehicle.

Eberle was also charged with felony offenses of burglary, armed and dangerous weapons and second- degree recklessly endangering safety in Winnebago County Circuit Court. On Oct. 24, 2022 he was in custody and received a $25,000 cash bond. He was required not to possess any dangerous weapons or controlled substances.

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