Advise

[Verite]

Huh? If an officer is driving down the street and has 20/20 vision and looks over to a dwelling and sees an OPEN window and the contents of the room thru the window how is this not "Plain View".
I think it becomes a search with needed PC if they use a telescope/binoculars.

And why is a women who can afford a lincoln collecting cans from a dumpster? (I'm not gonna go there. lol)

Because theres no such thing as plain view on private property. The law is still supported by the fact its illegal to look into other peoples windows regardless of who you are. Invasion of privacy doesnt become null and void just because you hold a badge.

 

[BruceLeeroy]

actually as far as i know verite, thats not true. anything visible at a casual glance has no reasonable expectation of privacy and therefor it is legal to look. for instance... if you like to walk around your house naked when your home, and you leave the front window open and a child walks by and see's you, thats considered exposing youself to a child and you WILL be arrested for it. likewise, if you have a plant growing in your front window in plain sight to any who walk by, they could not only search your house, they could do so without a warrant as the cop has probable cause, it's in plain sight.

try walking out on your lawn naked. thats private property too. pretty sure you'll get arrested for it.

whether or not you'll be found guilty or if it'll be thrown out of court is a different issue

peace

 

[Texassativa]

fyi, unless the officer has probable cause its illegal for him to look inside your widows from any distance regardless if its in his line of sight. Without his violation of your rights he would have no way of knowing what was going on in there. Unless theres another crime in the building hes got no excuse to be there at all.

Wrong. You can look in any window you like. Police or not. As long as you are not on private property, it's legal. If you see a women with her tits out...you can watch alll day long. Just don't step off the sidewalk. A road and a side walk are a pulbic place. You have a right to be there. If something is in veiw through a window enjoy. It only becomes illegal if you are on private property.I know this sounds far out, but the law is fucked in this way. If someone has a open window, and it is next to public property, it is up to them to maintain privacy. The women is doing nothing wrong, it's her house.

You can stand on a sidewalk all day long and tittie gaze all you want. You are in a public place. Just because the window is open, does not make it as crime.If you look up the law in your area, it will have things against traspass. Peeping toms are only peeping toms on private property. On public property, they are passerby's.

Call your local police ass. Tell them that people on the sidewalk are looking in your house. Listen to waht they say, if they don't hang up on you. They can't block off the public area cuz your window is open. Thats crazy. You could'nt walk by a house witha window open if it was against the law.

I have seen cops park outside a house, on the public road, and watch a girl underss. She would even display herself at the window. She knew they were they there. It was her window, and she could have it open all she liked. No law exists, saying you have to close your window when you undress. Since it is private property inside the house, it was not public nudity.

 

[tokinsmokin]

theres a lot of long posts, I just read the first one. Alright bro, more than likely your over reacting. Trust me I have been there, my first 2 grows I was this same way. I would be so security minded it was ruining my life, it developed in to social anxiety. I said to my self I would never live this way again, because if anything I was just giving them more of a reason to think I'm doing something illegal by my odd behavior. I recently have changed my whole way of thinking when I'm growing, and all I do now is know that my security is under control and cops aren't looking at me. All you have to do is make sure that nothing looks suspicious, mask smell, and watch for light leaks. Once you have established the mind set that I have everything in control, just live your life like you would if you weren't growing. This has been the best thing for me and now I can grow and live with ease.

If you can't do this then you shouldn't grow.

 

[Verite]

Big difference between bein naked in your yard and in your house and dont be silly dude, people call the cops all the time for people looking in their windows and cops go arrest them all the time, every heard of a peeping tom or dont they have those in texas?

Your right to privacy stops at your window and covers the inside to your house. go ask a lawyer.

 

[inflorescence]

^nope. It's all about an EXPECTATION of privacy.
How can you expect any visual privacy if you open your window?
If you were to open your window to your screen would you still expect any sound or speech you made inside your home to remain private even though people could hear it from the outside?

 

[BruceLeeroy]

yep, it's all about the EXPECTATION of privacy. in fact i read an article from a website that explains it, often referred to as "curtilage". the "curtilage" is the area around your home from which you can expect privacy. police can even trespass on private property as long as they don't invade the "curtilage". with windows open and view unrestricted into the house, curtilage becomes very small.

http://www.1stmarijuanagrowerspage.com/growing-marijuana-7.html

a must read for any medical grower, it explains many facets of security, as well as pointing to precedents from quite a large number of cases. not sure who originally wrote it, judging from the text a lawyer in Washington state.

likewise if you make no attempt to privately dispose of waste heat from your grow, then the results of a thermal image CAN be used, even if no warrant was acquired prior to it. this can vary from state to state, many states RECQUIRE a warrant PRIOR to using a thermal image, but the fed's can use one without a warrant as federal courts have held that it is NOT a search, the waste heat is being allowed to escape and is therefor "public doman"

peace

 

[Texassativa]

Big difference between bein naked in your yard and in your house and dont be silly dude, people call the cops all the time for people looking in their windows and cops go arrest them all the time, every heard of a peeping tom or dont they have those in texas?

Your right to privacy stops at your window and covers the inside to your house. go ask a lawyer.

Maybe you need to go ask a lawyer.

 

[Verite]

Already did and so I do know as I had it happen and charges were dropped. My expectation was my dwelling is private and the court supported it. I must have had a different lawyer than you guys.

And flir searches without warrants in the US were ruled unconstitutional years ago. Maybe your thinking of Canada.

 

[inflorescence]

Already did and so I do know as I had it happen and charges were dropped. My expectation was my dwelling is private and the court supported it.

Now I'm really confused???
Someone looked into your window and the court upheld that even though windows are "see thru" (transparent) that the expectation you had was basically like a curtain over that open window? I'm just confused because I can understand how a wall is expected to keep visual privacy because of the physical nature of the wall being able to block photons but since glass cannot block photons how can the expectation be the same as a wall of different physical material. It's almost like you're saying you could live in a completely glass house but the expectation would be enough to keep people from seeing what's going on inside?

 

[BruceLeeroy]

yeah, if you had blinds covering that window, or a curtain, then thats an expectation of privacy. if the window is wide open it is perfectly legit for anyone to look in as long as they're not on your property.

 

[inflorescence]

^ I understand but he's saying that the court ruled that his expectation of privacy was the same as a curtain even though the window had no curtain.
He's saying his expectation was acting like a physical object which I find hard to believe.

 

[BruceLeeroy]

yeah i'm not sure i buy that either but i'm not a lawyer lol. thats why is said "if you had blinds or a curtain covering it..."

peace.

 

[Texassativa]

Already did and so I do know as I had it happen and charges were dropped. My expectation was my dwelling is private and the court supported it. I must have had a different lawyer than you guys.

And flir searches without warrants in the US were ruled unconstitutional years ago. Maybe your thinking of Canada.

Wow, you'll say anything before you admit your wrong.

 

[Verite]

Sounds more like a texas thing to do, my suggestion is to test the waters. Go ahead and stand on the sidewalk in front of a house and stare into the windows and see how quickly you are picked up.

In my case I had plants in the window of my college apartment, the po-po saw them and short of details let me know they knew about them, I talked to my lawyer friend I had why they would do that instead of bust me and he asked where the windows were located [ 3rd floor of mulit-unit dwelling ] and said that unless they recieved a complaint from someone else that saw them that the police have no probable cause to be looking in that window and without that anything they casually saw would not be admissable.

 

[Guest]

This is very interesting and i appreciate everyone's point of view. My question is can this type of thing change state to state?

 

[inflorescence]

and said that unless they recieved a complaint from someone else that saw them that the police have no probable cause to be looking in that window and without that anything they casually saw would not be admissable.

You got so lucky. I still find it hard to believe this is standard procedure.
Why would they need probable cause. They only need PC in order to carry out a "search". There's no way casually looking in a window is considered a search.

 

[Texassativa]

Sounds more like a texas thing to do, my suggestion is to test the waters. Go ahead and stand on the sidewalk in front of a house and stare into the windows and see how quickly you are picked up.

In my case I had plants in the window of my college apartment, the po-po saw them and short of details let me know they knew about them, I talked to my lawyer friend I had why they would do that instead of bust me and he asked where the windows were located [ 3rd floor of mulit-unit dwelling ] and said that unless they recieved a complaint from someone else that saw them that the police have no probable cause to be looking in that window and without that anything they casually saw would not be admissable.

Keep that lawyer. He really knows what he's doing. Make sure you keep his card handy. LOL