Illinois grower needs search warrant info

[KosmoKramer]

Hey peeps

A little on edge after a small altercation with a neighbor. Had a talk with 5-0 about the situation and all is cool as far as I know. Just a quick question for all the legal eagles out there.

What do the police need or have to have in order to get a search warrant issued or to get permission to start surveillance?

I would assume they need more than just someone coming into the station and saying "so and so is growing weed". If that was the case anybody could simply fuck with anyone they wanted by doing that, right?

Please only respond if you know the rules pertaining to Illinois.

Thanks all

 

[amannamedtruth]

dude, they use informants like that all the time for a bust.

 

[SOTF420]

If someone is willing to sign an affidavit saying you are growing weed they can usually get a judge to sign a warrant. They would likely come do a knock & talk first and see what you say and look for more evidence. They might start looking into your electric bill and go through your trash also plus they could get permission from a judge to hit your residence with FLIR to look for heat signatures which could indicate a MJ grow.

I would be careful about altercations that is a good way to get busted in a non-legal grow.

 

[Flower Felon]

If someone is willing to sign an affidavit saying you are growing weed they can usually get a judge to sign a warrant.

Agreed, especially if they claim to have seen your grow.

They would likely come do a knock & talk first and see what you say and look for more evidence.

A knock and talk for growing? I have to disagree with you on this one. IMO, this has become an urban legend in the growers world. What incentive do they have for giving the grower a heads up? So the grower can destroy evidence before a warrant is issued? I don't think so. If there is a knock and talk, it will most likely occur when the warrant is being handed to you.

They might start looking into your electric bill and go through your trash also plus they could get permission from a judge to hit your residence with FLIR to look for heat signatures which could indicate a MJ grow.

This is more likely to happen. Usually LEO will ask the electric company for a printout of usage for your home and several others of similar size in your area. Some power companies don't play ball with LEO without a subpoena. If this is the case, LEO will network with the prosecutor to arrange for this to happen.

Trash pulls are also something that is commonly used. This can happen either prior to or subsequent to obtaining electric records. If grow materials, plant matter, paraphernalia or even roaches are found, that will be used as "evidence" of a grow or other illegal activity. Keep a look out on trash day to see if they are compacting your trash with your neighbors or are they putting it off to one side or changing up the collection route. In my area the detectives dress up and collect trash alongside the garbage men so pay attention to see if new guys are around. Also, once the trash hits the curb it is fair game. There is even precedent that if the trash is taken away from your private property (backyard) by way of contract, even that can be used against you.

If electric records or trash pulls are not fruitful, then you might get a knock and talk. Regardless, you will be on their radar and they will keep periodic tabs on you.

I would be careful about altercations that is a good way to get busted in a non-legal grow.

Those are words of wisdom. If you are growing, you better learn to grow some thick skin in addition to your plants because if you don't someone will drop a dime on you if they know what's up, believe that!

I'm no lawyer, but I learned the hard way. An excellent lawyer will educate you on how warrants are granted and how LEO commonly obtain them. The bottom line is this, if they think you are growing they will try and nail you regardless of whether a case will stick.

Good luck and keep your eyes peeled for anything out of the ordinary.

FF

 

[PoopyTeaBags]

Knock and talks are real and ive had friend busted this way that were very stupid...

 

[Flower Felon]

Knock and talks are real and ive had friend busted this way that were very stupid...

I agree, your friend was stupid for answering the door for a cop.

Maybe it depends on where you live if they use them.

Any good lawyer will tell you that knock and talks commonly occur for nuisances like arguments, smoking outside....you get my drift. For a cultivation case, LEO is "generally" a little more stealthy.

Urban legend or not, it is not as common as many would like to think for "cultivation" cases.

FF

 

[KosmoKramer]

Thanks for the replies

Let me put a few more out there.

Lets say someone signs the affidavit, police obtain the warrant, search my premises and find nothing. Do I have any recourse if nothing is found?

Does the person signing the affidavit have any issues with say, giving false info to the oinkers?

If nothing is found on my premises, is there any way to obtain the persons name who signed the affidavit?

Neighbor lives next door. She has observed myself and friends smoking in the backyard on several occasions. She has always been rude and is the block "nosey rosie". The altercation was over nothing really but being the old bitch that she is the police were nvolved.

I'm not freaked much, my grow is personal so electrical usage isn't an issue. You can walk thru my entire house and there is NO smell anywhere even when standing outside my grow room. No smell from the outside either. No traffic and all trash is taken and dumped away from the house.

So many peeps say its easy to obtain a warrant, but from the way things are written it seems like LEO needs quite a bit to get a judge to sign off on one. I would think if it was that easy, there would be lots of false searches just from people trying to screw with someone. Ex's, divorced couples, pissed off lovers, ect. Money would also be a factor if someone could simply call the oinkers and BOOM, your door gets kicked in. Lawsuits and money lost on searches based on bum info would also make it harders to get a warrant?

Thanks again

 

[robotwithdreams]

kramer, check out a story out of chicago, about these three kids that busted. couple weeks ago.

Police Seize $40K In Drugs After Anonymous Tip Joshua Jansky, 23, Scott Suszek, 28, and John Hickey, 23, were arrested by Chicago Police early Saturday when police found cannabis, LSD, and cash. Around 2:30 a.m. on Saturday, police raided a space in the 2100 block of South Kedzie Avenue after they received an anonymous tip from a citizen, according to a release from police News Affairs via the Chicago Tribune. Police found a cannabis lab with a "large number of mature marijuana plants," in addition to a small amount of LSD and $900 in cash. Jansky was charged with possession and intent to deliver, and Suszek and Hickey were both charged with intent to deliver. Both charges are felonies. All three are due to appear in bond court today.



Google it for more info.

 

[robotwithdreams]

By the way they kick down plenty of doors behind which there isnt anything illegal going on. That stuff is very rarely repoorted in our "free" media, exceptions seem to be when they manage to kill someone by mistake during one of these raids.

Im not trying to freak u out. You are an adult, and you know your circumstances best.

I would of thought the cops in the major urbans centers would be busy with actual crimes, and not be executing warrants for petty shit like this, based on an anonymos tip.

 

[greenmatter]

move out of illinois maybe you will sleep better. if you cant do that get a grip and sleep good anyway.

 

[el dub]

My guess is that the old lady might have told the coppers that she has seen you smoking weed. If you have your act together, there should be no reason to suspect that you grow, imo.

I would stop smoking in places the old lady can see you. That might take care of most of the problem. She might not like you, but at least she won't have anything on you.

lw

 

[darby crash]

Thanks for the replies

So many peeps say its easy to obtain a warrant

Yes it is. Forget all that "signed affidavit" bullshit tips are more common. Whether from the public or an informant, a tip is all the pigs need to watch your house. You outside smoking weed with your friends is all they need to get a warrant because they observed illict activity at your address. Unless the old bat knows about your grow, then I doubt anything will happen to you. Just use your head and do nothing dumb and you should be fine.

 

[thinkin]

Careful, I recommend a change of venue.
Research neighborhood before moving in.

I have a few experiences with bad neighbors. Stubborn grumpy old people are just walking disasters. Usually very easy to identify.
My bad neighbor experiences never ever got better. All incidents eventually involved to police. And it didnt matter that we were not doing anything wrong.

Expect that and prepare. They call the cops once. They will probably do it again.
Still go out of your way to make neighbor happy with you.

Good Luck!

 

[♥Mo♥]

I agree, your friend was stupid for answering the door for a cop.

Maybe it depends on where you live if they use them.

Any good lawyer will tell you that knock and talks commonly occur for nuisances like arguments, smoking outside....you get my drift. For a cultivation case, LEO is "generally" a little more stealthy.

Urban legend or not, it is not as common as many would like to think for "cultivation" cases.

FF

That is not real sound advice at all. Talk to any state boy and they will tell you that they investigate almost every "accusation" of cannabis activity. Knock and talks are very common throughout the country. If you keep a cool head during a knock and talk you should, mind you should be ok. I have went thru knock and talks and they are not cool. Leo normally cannot get a warrant just because someone said you are growing but if they get the slightest hint of anything cannabis related during the visit you can bet they can and will get a warrant.

 

[David762]

Yep, LEO does kick down plenty of doors of the innocent.

Yep, LEO does kick down plenty of doors of the innocent.

By the way they kick down plenty of doors behind which there isnt anything illegal going on. That stuff is very rarely repoorted in our "free" media, exceptions seem to be when they manage to kill someone by mistake during one of these raids.

Im not trying to freak u out. You are an adult, and you know your circumstances best.

I would of thought the cops in the major urbans centers would be busy with actual crimes, and not be executing warrants for petty shit like this, based on an anonymos tip.

Yep, LEO does kick down plenty of doors of the innocent. The Confidential Informants LEO gets their erroneous tips from still get paid, usually. The civil lawsuits from traumatized citizens is absorbed by the bankroll LEO has accumulated with the draconian asset forfeiture laws in place. Only when LEOs legal expenses exceed those assets do the taxpayers get involved -- to bail out the LEOs who have acted unlawfully. When the tax bite becomes great enough, then changes in government happen.

Arrests for cannabis is "easy picking of low-hanging fruit" for LEOs, with a big pay-off for minimal effort due to asset forfeiture statutes. LEO's want those funds. DAs and Judges want those funds. The cash-starved local governments want those funds. And Federal LEOs want those funds. State asset forfeiture laws are often more restrictive in regards to how those assets are handled and how they are disbursed, compared to the much freer hand that the Feds have. That's one of the big reasons why the Feds are often involved in what would otherwise be a State or Local LEO drug raid -- handling the seized assets.
http://www.fear.org
http://www.leap.cc
The single issue of asset forfeiture (criminal and civil) has turned LEO into the best organized most ruthless (and often most violent) street gang in any city in America, bar none. I would be surprised if Illinois were any different that every other State in that regard, including States with legal MMJ programs.

 

[SOTF420]

Been through two knock and talks in my life. The worst was a very bad knock & talk years ago before I moved to a med state and it was intense they really try their damndest to get you to let them in shit they almost had me convinced it was the best course of action and I am a hard dude to shift. The usual threat is "don't make us come back with a search warrant" but reality is that if they don't have one yet the vast majority of the time they do not have enough evidence to get one in the first place. Just because they came to your place and talked to you and you refused entry that is not going to give them any new evidence to now go acquire that warrant, plus you are not trying to cooperate and why on earth would you let them in if you don't want to get busted? If they come in, they are finding it and you are getting fucked it's as simple as that. If they insist on coming in and say they have a warrant let them break down the door do not ever assist them in busting you. If you are the victim of a search warrant say nothing and demand your lawyer, make no statements regarding your guilt do not accept ownership of anything or answer any questions. If they make any mistakes along the way or anything is questionable down the line as far as how they obtained info or the warrant there is a good chance a sharp lawyer can get it thrown out so don't assume your goose it cooked.

If you open the door to talk to them make sure you have minimal clothing on and you should be in your boxers with no shirt on so they cannot later claim they thought you had a weapon or something. Also if you are not dressed fully they cannot demand you come outside to talk with them because if they do you now have an excuse why you don't want to. Also make sure you have your wallet with you so if necessary you can show them your I.D. in case they pull some line about needing to see your identification because you do not want to have to "go get it" because most likely they will insist on following you for their safety and then they have gained entry into your house.

They will look around through your door past you and smell to see if they can spot anything or any bongs, pipes, rolling trays or shit like that out in the open and if there is you are going to jail they are coming in because of the "plain view" rules. You need to make sure that absolutely nothing illegal is in plain view in your house from any visible vantage point like a window or from any doors. No ashtrays with roaches, no bongs on the shelf all that will get you busted in a worst case scenario.

I still remember the other piggy in the back of the pack saying to the lead dude "do you smell anything?" "see any paraphenelia?". In the future if I ever found myself in that situation again I would not open the door whatsoever, you are not legally required to do so despite their demands and you can inform them that you do not consent to their contact and you do not constent to any searches. Ask them to please call you and to talk with you on the phone if you do want to speak to them in person this is really the best course of action. You can give them your # through the door or window and they won't like it but they really do not have a choice in the matter and since you are a law abiding citizen with constitutional and civil rights remember they are invading your privacy here. Tell them they are wasting there time and you know for a fact you have nothing illegal and be pissed off that they are there and bothering you. Tell them to leave your property and stop harassing you.

You absolutely do not want them in your house and if you let them step inside whatsoever it is highly unlikely they are going to leave without getting to snoop around somehow, one will ask to use the bathroom or try to incite an altercation with you or get you to admit to doing something illegal and act like they already know whats going on and pretend to be your friend usually something along the lines of "if you show us this, then we will take it easy on you" something along those lines and they can be very persuasive and very sneaky.

If they have to ask, it means they don't know.

If they demand to come in, it means they must have your permission first.

Do not cooperate and do not turn yourself in.

They are going to leave and you are going to clean your shit up afterwards it's as simple as that.

Don't break any laws that is my advice.

 

[LetTimmySmoke]

wait so if a cop knocks on my door i DONT have to open it? interesting...

dude if you have a small personal grow just tear it down....not worth catching a case for a small grow..

 

[KosmoKramer]

I said my grow was personal, 1k watts total isnt small, but I run small numbers. Like someone else stated, as I assumed, they will have to get permission to start watching, digging thru garbage ect. And after collecting some decent evidence THEN be able to get one. I would think an anonymous tip would still have to have some other basis for obtaining the warrant. Smell, traffic, garbage, ect.

Otherwise I think there would be hundreds of bogus search warrants served every year for no other purpose than assholes/girlfriends/ect fucking with someone. Cops aren't that stupid, and a judge isnt going to risk issuing the warrant without some concrete evidence to warrant the warrant (pun intended) IMO.

That bust someone mentioned HAD to have something else to it. Those guys had to be watched for some time, or the place reeked, or something else. Maybe the tip led the cops to start watching, digging in garbage, ect. I believe there is NO WAY a search warrant can be issued without some form of evidence warranting the search.

Imagine the cops serving a search warrant on some 65 yr old person, finding nothing after digging thru the whole house solely based on a bogus anonymous tip? Not gonna happen.

Thanks for the input peeps. Like I said I'm not losing sleep over this, just a slight bit uneasy and needed some reassuring.

 

[Ajunta Pall]

Kramer, you assume way too much. Cops can look at your house from the street, walk up your driveway, walk on your pourch and look into your front windows. They need no warrants for this because the Supreme Court sez they dont have to. The pigs can inquire into your eletric consumption. They have wide sweeping powers, and very little happens to them if they are wrong. Chances are the pigs will have little to go on if the old lady says anything. If she knows nothing of your grow, then how would she able to rat you out? You're safe dude, I would bet money on it. But just for your security do not guess at what the police can or can not do. Educate yourself, arm yourself with knowledge.

 

[midgethorse]

Knock and talks= very real