During this past week I was asked to post pictures of my plants and I declined on advice of my attorney. That digital signature found on all pics was not my attorney's concern--rather it was allowing LEO to prove that a picture was taken at my home.
Why worry? Two reason: Federal Mandatory Sentencing Guidelines and my age (any prolonged sentence would be "life for me"--as I am closer to 60 than I am to 50).
Well, guess what. Five days ago in Colorado, Feds raided over a dozen marijuana operations--and the background in an "emailed photo" helped them confirm the picture was taken at a certain residence; the metadata (digital signature) also helped--but the photo background was the "clincher".
On November 21, 2013, the U.S. Drug Enforcement Administration, in partnership with
several state and local law enforcement agencies in the District of Colorado, executed
approximately 15 federal search warrants pursuant to an ongoing investigation. One of those
warrants was executed at 52 Sedgwick Drive, Arapahoe County, Colorado. Prior to the execution
of that warrant, agents had previously come into possession of e-mail communications involving a
person identified herein as Co-conspirator #1. Your affiant viewed one specific e-mail related to
that account, dated February 14, 2013. That e-mail contained a photo of an individual subsequently
identified as Hector DIAZ. Metadata contained within the attached photograph file indicates that it
was taken on February 7, 2013. In the photo, DIAZ is shown wearing a DEA baseball cap and
holding up two authentic-looking semi-automatic rifles with detachable magazines, one in each
hand. Diaz also appears to have two additional handguns stuck inside the front of his pants. The
aforementioned photo depicts DIAZ in possession of all four weapons while standing in a room
with a fireplace and furnishings. This photo was later compared to a photo found on an Internet
real estate web site called Zillow.com regarding the property at 52 Sedgwick Drive, Arapahoe
County, Colorado. The Zillow photo depicting the interior of the house at 52 Sedgwick Drive
confirmed to your affiant that the photo of DIAZ displaying the four weapons was taken inside 52
Sedgwick Drive, Arapahoe County, Colorado. The photo is affixed hereto as Attachment A.
....Based on the information identified above, your affiant submits that there is probable cause
to believe that Hector DIAZ, a/k/a Hector Diaz-Martinez, a/k/a Hector Josue Diaz-Martinez,
a/k/a Hector J. Diaz-Martinez, did illegally possess a firearm on or about February 7, 2013, in
violation of U.S.C. §§ 922 (g)(5)(B).
Source: http://www.scribd.com/doc/187057217/Hector-Diaz-Complaint-Affidavit
Something to think about, cheers!
BTW, I know Eric Holder has instructed the DOJ not follow Federal Mandatory Sentencing Guidelines for most cannabis cases, but as my attorney reminded me--there is no guarantee his successor will do the same...and pics posted on the internet do not "disappear" when the next prez is elected.
Why worry? Two reason: Federal Mandatory Sentencing Guidelines and my age (any prolonged sentence would be "life for me"--as I am closer to 60 than I am to 50).
Well, guess what. Five days ago in Colorado, Feds raided over a dozen marijuana operations--and the background in an "emailed photo" helped them confirm the picture was taken at a certain residence; the metadata (digital signature) also helped--but the photo background was the "clincher".
On November 21, 2013, the U.S. Drug Enforcement Administration, in partnership with
several state and local law enforcement agencies in the District of Colorado, executed
approximately 15 federal search warrants pursuant to an ongoing investigation. One of those
warrants was executed at 52 Sedgwick Drive, Arapahoe County, Colorado. Prior to the execution
of that warrant, agents had previously come into possession of e-mail communications involving a
person identified herein as Co-conspirator #1. Your affiant viewed one specific e-mail related to
that account, dated February 14, 2013. That e-mail contained a photo of an individual subsequently
identified as Hector DIAZ. Metadata contained within the attached photograph file indicates that it
was taken on February 7, 2013. In the photo, DIAZ is shown wearing a DEA baseball cap and
holding up two authentic-looking semi-automatic rifles with detachable magazines, one in each
hand. Diaz also appears to have two additional handguns stuck inside the front of his pants. The
aforementioned photo depicts DIAZ in possession of all four weapons while standing in a room
with a fireplace and furnishings. This photo was later compared to a photo found on an Internet
real estate web site called Zillow.com regarding the property at 52 Sedgwick Drive, Arapahoe
County, Colorado. The Zillow photo depicting the interior of the house at 52 Sedgwick Drive
confirmed to your affiant that the photo of DIAZ displaying the four weapons was taken inside 52
Sedgwick Drive, Arapahoe County, Colorado. The photo is affixed hereto as Attachment A.
....Based on the information identified above, your affiant submits that there is probable cause
to believe that Hector DIAZ, a/k/a Hector Diaz-Martinez, a/k/a Hector Josue Diaz-Martinez,
a/k/a Hector J. Diaz-Martinez, did illegally possess a firearm on or about February 7, 2013, in
violation of U.S.C. §§ 922 (g)(5)(B).
Source: http://www.scribd.com/doc/187057217/Hector-Diaz-Complaint-Affidavit
Something to think about, cheers!
BTW, I know Eric Holder has instructed the DOJ not follow Federal Mandatory Sentencing Guidelines for most cannabis cases, but as my attorney reminded me--there is no guarantee his successor will do the same...and pics posted on the internet do not "disappear" when the next prez is elected.
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Here's my Bonsai, Hydro, Bubble Bucket Harlequin Mum!
