Info required to secure warrant

[kigy]

Got a knock on the door today from 2 detectives from the local pd. I was at home at the time and chose to not open the door as I already knew what it was about. My medical garden is in an outdoor location visible to a couple neighbors so I guarantee it was one of them who provided the tip. An hour later my roomate and fellow patient received a voicemail from a detective saying they received a complaint of marijuana growing and wanted to "work this out so he wouldnt have to come back tomorrow with a warrant". Obviously his call was not returned. I feel theres a lack of evidence or else id be face down with my door kicked in already.

Now my collective is 100% in compliance with 215 in a northern cali county. My question is if the neighbors allow the police into their home to see my garden, would this be enough evidence to procure a search warrant? What additional information do they need in order to enter my house? If there is nothing else in the house illegal and my collective paperwork is complete and in compliance can they still seize the plants?

 

[biteme]

my understanding of the law is that an eye witness statement from the neighbor is probably enough to secure the warrant and if the neighbor allowed the popo to view as well, my feelings are you are cooked. open the door. don't let them break it down and destroy other stuff in the process that will only cost you more money.

i do not understand why you think they would take your plants once it is shown you are in compliance? and especially so as long as they are not from a federal agency. they have no reason to make things messy as long as you do not seriously piss them off. don't toy with the police.

peace-biteme

 

[robbiedublu]

Uh, perhaps you should call an attorney?? Just a thought....

 

[FrankRizzo]

This is an interesting situation to me. Now most people on here (myself included for the most part) say never to talk to the police. Now in this case they are obviously "reaching" out to you in some form or another. Now I don't know the rules in your area. But in some areas aren't there rules allowing the police to come and make sure you are in compliance? Is there a chance that's all they are trying to do? Maybe, maybe not. It's hard to say I guess.

And to answer one of your questions. If they see you plants from your neighbors yard, yes that'll be enough for a warrant. Hell, if that's the case I don't even think they need a warrant, that would be probable cause I think.

I have to agree with robb, time to have a chat with a lawyer. Just to cover your bases.

 

[kmk420kali]

Please watch this--
http://www.youtube.com/watch?v=i8z7NC5sgik
http://www.youtube.com/watch?v=08fZQWjDVKE

 

[ourcee]

if you are fully compliant and have ABSOLUTELY ZERO FUCKING ANYTHING illegal in any way/shape/form else there. no guns, no meth labs, yadda yadda. I wouldnt just lock up the door and wait for them to get the warrant, they will, obviously if its in plain view from your neighbors and they have called the popo, they will let them in to peek over the fence.

Call the Police Dept directly, dont assume the number he left is the correct one or that its a legit cop (been hearing about rippers dressing like cops in nor cal so wtf why not call the pd directly? takes 2 more minutes) Anyways, call, get the detectives extension (he should have left a name) and POLITELY inform him that you received a message yesterday and wanted to clear up the fact that this is a 100% compliant medical marijuana grow.

If he would like to contact your dr regarding the validity of your recommendation you can give him the number, not like co ops dont call/go online, exact same thing he'd be doing.

I wouldn't go out of my way to invite them in or give them ANY excuse to come onto your property. Just be polite in letting them know you arent a troublemaker, just a patient.

 

[ourcee]

fuck talking with a lawyer, dont waste your money, if you are compliant and dont have hundreds of plants out in the barn or anything, IF they ever DID take ANYTHING to court, it would get dropped or not even picked up by the local District Attorney. You dont need to spend thousands on a lawyer.

 

[JJScorpio]

If you're a med patient with a garden the police have the right to check your numbers. If it's cool don't cause them extra work just show them you are within your limits....

 

[The Southpaw]

If you're a med patient with a garden the police have the right to check your numbers. If it's cool don't cause them extra work just show them you are within your limits....

this is good advice..peace

 

[Agent-Smith]

I agree with JJ, if you are legal then everything will be fine. Any new news as of today?

 

[kigy]

thank you for the replies. The legality of my grow isn't in question so I'm not sure as to how a lawyer would help other than getting the plants back if they were mistakenly seized (which by that time they're probably dead anyways.) There's nothing else illegal in the house however I have a problem with assisting with any investigation and allowing them into my home. Oh well he said he'd be back the next day (today) if I didn't contact him I guess we'll see. I'll keep you guys updated thanks once again.

 

[Miss Blunted]

I would just cooperate...they're going to do what they're going to do, so I would let them know you're a nice guy, just growing your meds. I just think that they know, they're coming regardless...so make it easy for them. I would talk to an attorney before the police for sure. Good luck to you man...you'll be alright.

 

[JJScorpio]

thank you for the replies. The legality of my grow isn't in question so I'm not sure as to how a lawyer would help other than getting the plants back if they were mistakenly seized (which by that time they're probably dead anyways.) There's nothing else illegal in the house however I have a problem with assisting with any investigation and allowing them into my home. Oh well he said he'd be back the next day (today) if I didn't contact him I guess we'll see. I'll keep you guys updated thanks once again.

Are you really a med patient? If so you'd know they have the right to check you. By ignoring them you're violating your med rules and could lose your status. You make them get a warrant you're not going to be happy with what your house looks like..... If you called them and told them you're a med patient they'd probably just check and not even show up....

And why would the plants be dead?

 

[kigy]

Once again the legality of my garden is not in question all paperwork is valid and in compliance, I was merely surveying the opinion of the members here as to what an appropriate action might be. I have always been instructed to remain silent and not talk to police. I was not aware they could freely enter my home unless I was doing something illegal but thank you for your insight JJ.

I don't really have extra funds to shell out on a lawyer and the lengthy process in having it returned as a result of inappropriately seized medicine, would most likely result in the plants death.

 

[Payaso]

Best advice is from Ourcee. Confront them. Stand up for your rights. Your neighbor has no right determining whether or not you can grow medical marijuana in California. It is legal in this state and leo has been directed from above to cooperate with legal grows. If you have a LOT of plants you may have a problem with the FEDS however. The raids have not stopped here in California, just two weeks ago the FEDS came in with a convoy of Escalades and four helicopters to get 120 plants in Lake County.

So Barack, were you lying when you said the raids would stop on medical grows?

Seems so. Just one of many disappointments from another politician talking out both sides of his mouth. He has also been quoted as saying that he won't "waste much political capital on this issue."

Wake up and vote the assholes out locally and federally, that's the real answer to this mess.

 

[grobart]

I am a lawyer.

There is nothing in the United States Constitution that abrogates your Fourth Amendment rights. There are, however, limited exceptions that allow officers to conduct governmental business on less than probable cause, without a warrant. None of this is relevant, though, as there are a number of issues.

1) Private citizens are not subject to the Fourth Amendment's proscriptions. That means that your neighbor can look through everything in your house without getting a warrant - he could be liable for burglary, among other things, but that's another issue.

2) Justice Harlan, in Katz v. U.S., stated "objects, activities, or statements that [one] exposes to the plain view of outsiders are not 'protected' because no intention to keep them to [one]self has been exhibited." (Plain View Doctrine)

3) The United States Constitution contains a clause, commonly known as the Supremacy Clause which basically dictates that U.S. law is supreme to state law, where it does not conflict with the Tenth Amendment.

Based on this, a couple of different things have to happen. 1) if the government agents are Federales, you're fucked. The Supremacy Clause, coupled with their plain view observation of your plants from your private neighbor's yard are enough for a warrantless search based on probable cause. Anything they find from that warrantless search will not be excluded at trial (barring other exceptions and technicalities) and will leave you open to legitimate arrest and prosecution.

If the government agents are state, county, or local, they are bound, for the most part, by the laws of their agency. Therefore, if you are in compliance with ALL of the requirements of Cali's Compassionate Use Act, the government agents CANNOT search you, given a couple of other exceptions. Any actions that they undertake, provided you are legit and give them no reasonable articulable suspicion that a crime has occurred or will imminently occur, fall afoul of the Fourth Amendment and thus leave them open for prosecution for violations of your Constitutional Civil Rights under 42 U.S.C.A. 1983.

You are all under some sort of false impression that it is YOUR duty to do THEIR job for THEM. This is not true. I'm not going to ever lift a finger to help a government agent. This means that I will not ever call them, ever. Make those fuckers do their own diligence. Likely, when they realize that they have to do paperwork, they'll give up. If they call and/or keep bothering you, start recording the calls, videotaping the knocking. If it gets really bad, call the states attorney and rip someone's head off.

Any other issues, just ask.

The foregoing text shall not be interpreted as firm legal advice. No representation has been undertaken and none is contemplated.

 

[Owl Mirror]

kigy, it sounds like they just want to document your garden is in compliance.
They may also suggest you put up a privacy fence so your neighbor doesn't have the ability to look in to your garden at will.

Do you have your paperwork/ID posted in your garden ?
Perhaps your neighbor doesn't know you are completely LEGAL under the state law.
If they really were just out to get you, I think they would have called the Fed's rather than local police.

Good Luck

 

[kigy]

thank you grobart for your factual and detailed response. The agents were more than likely city leo, as they identified themselves as such. The paperwork is posted in the garden area with accompanied collective agreement/individual recommendations. It is under 100 plants and no selling occurs, it is strictly for members of the collective. I know I am well within my legal rights under california law however it is best to know every aspect of the law in order to protect the freedom and well-being of myself the other members of our collective. Once again thank you for your replies and I will be sure to detail the outcome if something should arise.

 

[Payaso]

Thank you grobart for your words of wisdom!

Glad you are here on the site...it has become a valuable resource for all.

 

[Lazyman]

The raids have not stopped here in California, just two weeks ago the FEDS came in with a convoy of Escalades and four helicopters to get 120 plants in Lake County.

So Barack, were you lying when you said the raids would stop on medical grows?

Actually the AG said the DEA would not get involved with busts where the patient was following state laws, there are still plenty of growers here who are too lazy/dumb to get a prescription and do illegal ops. Pathetic when the laws here are fairly simple, have lots of loopholes, and prescriptions stack for larger ops legally, so my 180 plant grow is actually totally legal since I have 6 scrips.