If the officer sees an illegal activity/substance from a position where he's legally allowed to be, he has the right and duty to investigate further. If he's legally in your house responding to a disturbance (which doesn't require your permission) and sees a pot plant, its fair game.
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11358
- Thread starter IamNug
- Start date
If the officer sees an illegal activity/substance from a position where he's legally allowed to be, he has the right and duty to investigate further. If he's legally in your house responding to a disturbance (which doesn't require your permission) and sees a pot plant, its fair game.
care to back that up???
more recently the usapatriot act has clouded this issue. before this, it certainly would have been illegal, and you would have been able to have the case thrown out, for the illegal status of the seizure. not sure now what the law is, because the patriot act pretty much threw due process out the window. i would imagine that it still could be argued that it was unconstitutional.
more recently the usapatriot act has clouded this issue. before this, it certainly would have been illegal, and you would have been able to have the case thrown out, for the illegal status of the seizure. not sure now what the law is, because the patriot act pretty much threw due process out the window. i would imagine that it still could be argued that it was unconstitutional.
Its called plain view. Its pretty standard search and seizure stuff. http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html#f104
TKB-Man
Member
not effin true.. ever since 9/11 the whole idea of "probable cause" and whatnot allows them to use anything you say against you.. whether your read your rights or not.
while a cop was arresting me, he farted and i laughed.. I KNOW IM A STUPID EFFIN STONER.. and he pretty much threw the book at me. didnt read me my rights, and acted like my friend and then used everything i said to incriminate me more.
C
Casual
That's funny as hell!! Not smart, but funny!
It's really amazing to me the more I learn and read
that so much money and resources are being wasted
on weed, especially when it should be legal in the first place.
Coke, meth, H, etc, I can understand.
How in the hell Alcohol and tobacco are legal and ganja is not
has got to be one of the greatest questions known to man
at this point!!
IamNug
Member
update
update
Hello friends,
I wanted to give an update as to the latest status in this case.
Went to court with appointed public defender attorney, the deal the DA has offered so far is to drop the felony cultivation charge if I plea guilty to misdemeanor possesion of more than one oz. This deal sounds pretty tempting since it avoids the felony and having to register pursuant to a health and safety code.
Will be discussing the details with public defender and then will know what they think of my situation. So far the public defender seems helpful and willing to work on this case so we will see what happens next.
Oh yea, in the mean time, got my doctors recommendation about a month ago. Hellz yea.
Thanks again friends, will update when new info becomes available.
Hangin in there...
Nug
update
Hello friends,
I wanted to give an update as to the latest status in this case.
Went to court with appointed public defender attorney, the deal the DA has offered so far is to drop the felony cultivation charge if I plea guilty to misdemeanor possesion of more than one oz. This deal sounds pretty tempting since it avoids the felony and having to register pursuant to a health and safety code.
Will be discussing the details with public defender and then will know what they think of my situation. So far the public defender seems helpful and willing to work on this case so we will see what happens next.
Oh yea, in the mean time, got my doctors recommendation about a month ago. Hellz yea.
Thanks again friends, will update when new info becomes available.
Hangin in there...
Nug
I had something very similar happen awhile back. Cops got called on domestic disturbance, had to come inside, found my two girls a week away from harvest in my closet. Lucky for me the cops just took the two plants, the light, left the carbon filter.
No charges. But hey, I am in Ontario so I guess its a bit different here. Basically the only thing the cops cared about was the potential fire hazard of running the 1000watt bulb in my closet. They bitched me out for that more then the plants themselves. I bet the pigs smoked my bud!
No charges. But hey, I am in Ontario so I guess its a bit different here. Basically the only thing the cops cared about was the potential fire hazard of running the 1000watt bulb in my closet. They bitched me out for that more then the plants themselves. I bet the pigs smoked my bud!
citralslut
New member
rb420 your wrong about the only thing them caring about was the 1000 inthe closet. Sounds like all they really cared about was stealin your girls lol.
5 seedlings....FUCK
I feel your pain..Too bad you couldn't have flushed them. Good luck to ya bro....
OP
I feel your pain..Too bad you couldn't have flushed them. Good luck to ya bro....OP
IamNug
Member
shoulda, coulda, woulda...
how many times that thought has crosseed my mind lately...
Well I came to update this thread, I owe it to all that have read my post and posted replies.
I have "good news today"!!
Today at court I entered a plea of no contest to count 2, misd. possesion. which dropped charge 1, fel. cultivation. There was a fine of around 5 -600 and summary probation for a period of 2 years.
And here is the good news, called the sheriff up and they gave me back all my growing equipment "everything but the dope". The equipment was not being used at the time for the 5 seedlings, but I'm sure glad to have it back, only tested a few times and dwc is my new method of choice. Even snuck a cell phone pic of my stuff on lockdown for a sentimental souvenier.
Anyways, still have had my medical recommendation for over a month and so far I've toked it up properly and am supremely grateful. But I can't help to feel that a month of growing has been wasted since I have yet to pop some beans under doctors order. Now is the time, if ever there was one!!
Signing out from security and legal issues for now, check for my new posts in the diaries section, gonna start one up!
~ Nug
how many times that thought has crosseed my mind lately...
Well I came to update this thread, I owe it to all that have read my post and posted replies.
I have "good news today"!!
Today at court I entered a plea of no contest to count 2, misd. possesion. which dropped charge 1, fel. cultivation. There was a fine of around 5 -600 and summary probation for a period of 2 years.
And here is the good news, called the sheriff up and they gave me back all my growing equipment "everything but the dope". The equipment was not being used at the time for the 5 seedlings, but I'm sure glad to have it back, only tested a few times and dwc is my new method of choice. Even snuck a cell phone pic of my stuff on lockdown for a sentimental souvenier.
Anyways, still have had my medical recommendation for over a month and so far I've toked it up properly and am supremely grateful. But I can't help to feel that a month of growing has been wasted since I have yet to pop some beans under doctors order. Now is the time, if ever there was one!!
Signing out from security and legal issues for now, check for my new posts in the diaries section, gonna start one up!
~ Nug
