As some of you may know I was arrested in my home a year ago after the police were called to my apartment for a domestic disturbance. My girlfriend (who i lived with at the time) and I were having a pretty loud argument that resulted in me throwing a chair at a wall and top-of-the-lungs yelling.
The police did not respond to my concerned neighboors' 911 call until fifteen minutes after we had calmed down and started to make up. My girlfriend and I were in the back room when I heard my front door open. I got up to see what it was (not expecting police) and as I came into view of the doorway I saw two uniformed police officers entering my apartment.
I had a half ounce sitting on a table along w/ a couple pipes and a nitrous tank in the corner (out of site at the time). The leo's saw this and sat my girlfriend and I down on our couch and proceeded to look around my apartment. While one officer stayed with my girl and me the other proceeded to walk into our back bedroom and bathroom. There was nothing illegal in those rooms but the officer decided to go check the basement. When I saw him open that basement door my heart sank.
At that time my basement was housing two beautiful TFB sisters who had just started flowering and were reaching 4' tall. The HPS was humming along and I'm sure you could see the yellow light poor out of my makeshift grow area which was made of black plastic hung from the ceiling.
The officer was down there for about a minute when he walked back up with his poker face on and stated to the other officers that they had to call in a search warrant. The officers arrested us, took us to the station, and after 5 hours they released us w.o bail or charges. When we got home we discovered they did indeed serve the search warrant and took all of the weed/nitrous/growing materials.
Two weeks later we were both charged with Manufactur with Intent to Deliver (A Felony) (in my state there is no cultivation charge and any plants is automatically the charge we received) along w/ misdemeanor possession, paraphernalia, etc etc
Following the arrest we both consulted lawyers, and since the officers did not provide a list of the search warrant inventory but did issue states about the arrest we felt the safest option was to enter the local drug court program. It took a while to get in the program but we did and was doing that for the past year.
Well, in the mail last month I finally received the search warrant inventory list which contradicted the police officers statement he entered immediately after the arrest. I showed it to my lawyer and we decided we could beat the majority of the charges. I dropped out of drug court and we have been doing the trial tango for the past month.
And now here's the awesome part. Check this:
Since the LEO entered my basement before he obtained any warrant, and they did not seize any evidence before the warrant was issued, it looks like all the items they seized in the ILLEGAL SEARCH WARRANT is inadmissible in trial!
It's going to be 2 months before we get our suppression hearing but I'll keep my fellow ic'ers up to date
The police did not respond to my concerned neighboors' 911 call until fifteen minutes after we had calmed down and started to make up. My girlfriend and I were in the back room when I heard my front door open. I got up to see what it was (not expecting police) and as I came into view of the doorway I saw two uniformed police officers entering my apartment.
I had a half ounce sitting on a table along w/ a couple pipes and a nitrous tank in the corner (out of site at the time). The leo's saw this and sat my girlfriend and I down on our couch and proceeded to look around my apartment. While one officer stayed with my girl and me the other proceeded to walk into our back bedroom and bathroom. There was nothing illegal in those rooms but the officer decided to go check the basement. When I saw him open that basement door my heart sank.
At that time my basement was housing two beautiful TFB sisters who had just started flowering and were reaching 4' tall. The HPS was humming along and I'm sure you could see the yellow light poor out of my makeshift grow area which was made of black plastic hung from the ceiling.
The officer was down there for about a minute when he walked back up with his poker face on and stated to the other officers that they had to call in a search warrant. The officers arrested us, took us to the station, and after 5 hours they released us w.o bail or charges. When we got home we discovered they did indeed serve the search warrant and took all of the weed/nitrous/growing materials.
Two weeks later we were both charged with Manufactur with Intent to Deliver (A Felony) (in my state there is no cultivation charge and any plants is automatically the charge we received) along w/ misdemeanor possession, paraphernalia, etc etc
Following the arrest we both consulted lawyers, and since the officers did not provide a list of the search warrant inventory but did issue states about the arrest we felt the safest option was to enter the local drug court program. It took a while to get in the program but we did and was doing that for the past year.
Well, in the mail last month I finally received the search warrant inventory list which contradicted the police officers statement he entered immediately after the arrest. I showed it to my lawyer and we decided we could beat the majority of the charges. I dropped out of drug court and we have been doing the trial tango for the past month.
And now here's the awesome part. Check this:
Since the LEO entered my basement before he obtained any warrant, and they did not seize any evidence before the warrant was issued, it looks like all the items they seized in the ILLEGAL SEARCH WARRANT is inadmissible in trial!
It's going to be 2 months before we get our suppression hearing but I'll keep my fellow ic'ers up to date
