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I was busted, but check this

GMT

The Tri Guy
Veteran
I dont like the sound of it to be honest. Ok , what was on the table in the main room is not admissable as they entered without a warrant during a time that there was no disturbance in progress. But once inside, you willingly showed them around your home, therefore the search was with your consent, and so the justification for a warrant was established when they saw plants, and they served the warrant before removing evidence. I think dropping out of the drug program may be a bad move, and just keeping youre head down and being cooperative may be your best bet now. Golden rule of course is never give consent to search the rest of your house. If they had anyway, then the justification for the warrant in the first place would be illegal and therefore the warrant illegal and therefore the evidence gained through it would not have been admissable. I suppose you could always claim that you did not give permission to search your basement. All depends on whats on statements already submitted. Anyway, wishing you good luck.
 
G

guest5703

we had the music loud once. We were on our patio out back. We didn't hear the door open or anything. We were burning some palm trees or some shit that set up black smoke from our fire pit in our backyard. We were smoking and I had about an ounce in a jar on the table. Our music was too loud, we couldn't hear the door knocks, door slams...So the firefighters all came in and found us hanging out in the backyard with our safe fire which was just burning the wrong things. They said just don't burn those, and didn't say anything about the weed. They came into our house because they thought they might need to put out a fire. They left us alone and said nothing about the weed, we were growing at the time, thankfully we were safe. Good idea to not have loud noises while growing I think...You guys fighting gave them cause to come in, someone might have been dead on the floor they don't know. So it's just a good idea to not yell, no parties, no loud music, or any of that while growing. I'm glad to hear your doing good though OG, it sounds like you have a solid case, FIGHT TIL THE END!!!
 

Vermonster

Active member
What did you get for N2O? I have two empty tanks in my place from when i was in college and used to make regular trips to fill them. Was gonna trash them because i figured it wasn't worth having them since i no longer huff gas and since there seem to be a lack of parking lots full of custies these a days! but if i cant get in trouble i may as well keep em huh? Goodluck with the rest of it.....also I am sure you don't wana hear it but for the rest of you. Lock your doors when you at home, this is the last of many tales i have heard of cops walking in due to an unlocked door. again good luck
 

AnotherName

Member
Great to hear about the turn of events!! This sight is great for learning pot related case facts. Only search immdiate area. Sweet.
 

B.C.

Non Conformist
Veteran
I dunno,sounds kinds funny ta me.

I dunno,sounds kinds funny ta me.

They were settin in the back room when he heard the front door open.Seems ta me they could have heard a knock at the door jus as easy,and don't they have ta announce themselves when they come in? If they would have knocked first,OG might not be in trouble right now,he could have stashed his shit before lettin em in.A lot of people argue,does that give em the right ta jus walk right in? I'm sure there are some sorta procedures when it comes ta this kinda thing.If nothin else knockin on the door first,right? So,I dunno,jus seems like a violation of his rights ta me.Domestic dispute er not.Take care...BC
 
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Liam

Active member
Don't be overly optimistic, even here in Canada, the equivalent is in breech of the Canadian Charter of Rights and Freedoms regarding search. Although often the evidence is forbidden from court, it actually depends entirely on the judge. In my case, I got a hard ass that didn't care about Charter violations and was against drugs. "Threw the book at me." So take anything the lawyer says about your chances with a grain of salt... the judge could screw you over.

So be aware that this could go either way.
 
Glad it's looking up for you, and I hope you beat it. On a side note, dump the crazy bitch or learn to control your self if you are going to be manufacturing drugs in your house. Screaming, carrying on, breaking chairs, etc. is inviting trouble. Don't be stupid, control yourself, or don't grow, period!
 

budvapor

Member
awesome dude! u still together with that GF? gotta watch out with those. i've read quite a few stories about getting into fights with GFs or friends in general that know you're growing. don't tell anyone! anyone you tell you're basically trusting your life with!
 

ogrefugee

Official Tree Taster
Veteran
let me reiterate: read the bold

In the United States citizens are protected by the Fourth Amendment to the United States Constitution against unreasonable search and seizure. In most cases, a search warrant is required to perform a lawful search. An exception to this requirement is searches incident to a lawful arrest. This is also known as the Chimel Rule after the case that established it, Chimel v. California. This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence.[1]

This is up held by the US Supreme court btw, not just California
 
Sounds good and all but don't get your hopes up yet. First of all if the police officers claim that they believed there was somebody in harm's way in the apartment, they do not have to have a warrant to come in, especially if you left the door unlocked. What are you doing growing and leaving your doors unlocked for, ever, anyways?

Secondly, anything in view upon entering the apartment usually holds up as grounds to sweep the rest of the place, not opening drawers, etc. by that point but at least walking around. Doesn't sound right, isn't fair, but how does justice usually play out in this country?

You could be pretty ****ed still.
 
G

Guest

GMT said:
I dont like the sound of it to be honest. Ok , what was on the table in the main room is not admissable as they entered without a warrant during a time that there was no disturbance in progress. But once inside, you willingly showed them around your home, therefore the search was with your consent, and so the justification for a warrant was established when they saw plants, and they served the warrant before removing evidence. I think dropping out of the drug program may be a bad move, and just keeping youre head down and being cooperative may be your best bet now. Golden rule of course is never give consent to search the rest of your house. If they had anyway, then the justification for the warrant in the first place would be illegal and therefore the warrant illegal and therefore the evidence gained through it would not have been admissable. I suppose you could always claim that you did not give permission to search your basement. All depends on whats on statements already submitted. Anyway, wishing you good luck.

dude u got this all wrong. first of all, what was on the table IS admissable cuz it was sitting in plain view. even if a cop comes to your door and never comes inside, he can arrest you for anything illegal that he sees inside your house. even without a warrant or permission to search he can arrest your for it cuz he didn't have to search, it was jut sitting in plain view.

second of all, he didn't show anybody around hi home or give consent to search. if you read his post, it says the cop told him to sit on the couch while he searched the house, he didn't ask if he could search he just did it. so i think the rest of what they found IS illegal since it wasn't in his reach and it was behind a closed door. that's an illegal search. then again im no lawyer, it could be legal to search when they think someone is in danger, i dunno
 
UnerSame said:
he didn't show anybody around hi home or give consent to search. if you read his post, it says the cop told him to sit on the couch while he searched the house, he didn't ask if he could search he just did it. so i think the rest of what they found IS illegal since it wasn't in his reach and it was behind a closed door. that's an illegal search. then again im no lawyer, it could be legal to search when they think someone is in danger, i dunno
The cop found something illegal sitting in plain view, which WILL hold up in court as grounds to at least walk through the rest of the house. I ****ing guarantee it. Kind of like how refusing a search, and then having stuff revealed by a cop-dog will hold up.
 

FarmerJoe

Member
Meh, it doesn't matter, you can just get a good lawyer and get off anything. Thats how our mockery of a system works.

God Bless
 
G

Guest

Interesting. I hope you get off well, months of court is so stressfull, if there's something I can truly hate, it's that..g/l
 
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