Info required to secure warrant

[Lazyman]

Yeah, make them waste hours and a judges time getting a warrant, so when they arrange this big ol expensive bust, it will al be for naught and they will have wated thousands of dollars on a NON bust. Makes them look bad and hurts their funding, make em earn it!

Don't take advice from me, I apply the same logic to speeding tickets (catch me, you fucker!)

 

[johnnyla]

this is good advice..peace

this is bad advice. the courts have ruled that medical cannabis patients have the same right to be secure and free from fear of unreasonable search and seizures.

now that they know about them you may as well show your paperwork but you dont have to tell anyone anything except to a judge or jury.

 

[johnnyla]

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?

what law are you quoting that requires medical cannabis patients to register with the police for garden inspections? i don't think such a law exists in California.

 

[JJScorpio]

When you are a legal med patient in CA doesn't the law allow the local LEO to check your grow to make sure you are in compliance? I may be thinking of a different State....

Either way, marijuana plants seen from a neighbors property, with the neighbors permission, is sufficient grounds for a warrant.....

 

[Ajunta Pall]

You got the right idea kigy, fuck the pigs. Its down right fucking retarded to speak w/the cops if they're trying to investigate you. Hell yah, I'm with ya. I wouldn't open the door, answer/return one of their calls, or visit them in their dirty little pig pen.

When it comes to your compliance papers, show em a copy. Tell em your lawyer has possession of the orginals and you can have them furnished upon request.

 

[johnnyla]

When you are a legal med patient in CA doesn't the law allow the local LEO to check your grow to make sure you are in compliance? I may be thinking of a different State....

Either way, marijuana plants seen from a neighbors property, with the neighbors permission, is sufficient grounds for a warrant.....

i read the law in CA and it does not state that LEO can inspect gardens. are they Botanists now? lol.

i know in Michigan the law specifically states that registered gardens may be inspected....like if you are a caregiver. if you are growing yourself you don't have to register.

 

[FrankRizzo]

So did anything happen?

 

[SmokyMtnToker]

Unless the state law specifically states that growers must allow inspections by the police to certify the grow then the cops are left with the burden of proving that a CRIME is being committed. Merely seeing a garden, WITH visible paperwork certifying the grow as legal, is NOT enough for a warrant, unless some magistrtate is a moron, which many are.

If I were a legal grower I might make an exception and communicate to the cops that the grow is legal and show the paperwork. i would NOT allow any entry, but would show papers to get them to ignore the fucking scummy neighbors any more.

It might solve the issue without betting that the cops won't get a warrant from some judge by shopping the warrant application around...and getting raided, and perhaps losing the whole grow..or getting the locals to get a stinking Fed involved because they were pissed off that you were ignoring them.

it is a hard call; on the one hand I always stand strictly by my rights and give the fuckers nothing....but in a case where a simple showing of papers mighrt get rid of the whole hassle I might go ahead and show them....but ALWAYS ALWAYS ALWAYS call a lawyer first and ask his advice. ONLY an attorney is capable of rendering an intelligent plan for proceeding. The lawyer would, in my opinion, tell you to produce all paperwork that shows compliance, show it to the cops at a neutral location, and refuse any and all requests to show them the grow.

The cops MUST have' articulable' evidence to show that you are NOT in compliance...the lawyer that posted above is right...the burden is on them. BUT, if getting them to go away is as simple as showing them some papers, why not? Why take the risk of worse happening/ Sure, eventually you may prevail in court, AFTER the cops have trashed your grow and proved that they will not be ignored. They have to tell that complaining bitch of a neighbor something, and believe me it will not be; " Sorry, the growers won't answer the door...we lose". No way.

Call a lawyer and take his advice. Thats intelligent planning anytime.

 

[kigy]

Left a voicemail describing the situation, still haven't heard back from him....

 

[boxmunch9]

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

i think you guys may have missed this video link. because there seems to still be a debate? the first video says it all. tell them anything, legal or not, and hope it doesnt get twisted and shaped into a huge ass rippin dildo.

 

[JJScorpio]

Unless the state law specifically states that growers must allow inspections by the police to certify the grow then the cops are left with the burden of proving that a CRIME is being committed. Merely seeing a garden, WITH visible paperwork certifying the grow as legal, is NOT enough for a warrant, unless some magistrtate is a moron, which many are.

If I were a legal grower I might make an exception and communicate to the cops that the grow is legal and show the paperwork. i would NOT allow any entry, but would show papers to get them to ignore the fucking scummy neighbors any more.

It might solve the issue without betting that the cops won't get a warrant from some judge by shopping the warrant application around...and getting raided, and perhaps losing the whole grow..or getting the locals to get a stinking Fed involved because they were pissed off that you were ignoring them.

it is a hard call; on the one hand I always stand strictly by my rights and give the fuckers nothing....but in a case where a simple showing of papers mighrt get rid of the whole hassle I might go ahead and show them....but ALWAYS ALWAYS ALWAYS call a lawyer first and ask his advice. ONLY an attorney is capable of rendering an intelligent plan for proceeding. The lawyer would, in my opinion, tell you to produce all paperwork that shows compliance, show it to the cops at a neutral location, and refuse any and all requests to show them the grow.

The cops MUST have' articulable' evidence to show that you are NOT in compliance...the lawyer that posted above is right...the burden is on them. BUT, if getting them to go away is as simple as showing them some papers, why not? Why take the risk of worse happening/ Sure, eventually you may prevail in court, AFTER the cops have trashed your grow and proved that they will not be ignored. They have to tell that complaining bitch of a neighbor something, and believe me it will not be; " Sorry, the growers won't answer the door...we lose". No way.

Call a lawyer and take his advice. Thats intelligent planning anytime.

According to the reading I have done today it is the growers burden to show that they are legal. Personally, I don't know for sure. The only thing I do know is plants visible from a neighboring property, with the neighbors permission is more than enough for a warrant to check.....

 

[kodman111]

Kigy,

Just be smart, play safe and use your brain.

Find out who HE is, ask HIM questions. I have been a salesman for over 3 years now, and the one thing I have found that makes cops more uncomfortable then a gun in their neck is getting asked questions.

I'm not saying be a dick, but ask to see ID. Hell ask for two forms.

a good example of what I'm saying is this.

He says "Are you a legal grower"
you answer "Would I be growing if I wasn't"

or

he says "can I see your paperwork"
You say "would seeing my paperwork help the situation"

when he ask's questions, he is in power. When you reply with questions, He is forced to loose his power and submit to answering.

If his paper work is legit, and he isn't a fed(to a fed, deny deny deny) then let him browse, If it seems like he is pushing his nose to deep(and doesn't have a warrant) ask him nicely to leave and you would feel happy to answer any more questions when he has a warrant.

 

[kigy]

heres to a leo-free season..

 

[guest123]

God speed dude. They left my plants, i was in limits. IF they count, they'll leave.

 

[JJScorpio]

Kigy,

Just be smart, play safe and use your brain.

Find out who HE is, ask HIM questions. I have been a salesman for over 3 years now, and the one thing I have found that makes cops more uncomfortable then a gun in their neck is getting asked questions.

I'm not saying be a dick, but ask to see ID. Hell ask for two forms.

a good example of what I'm saying is this.

He says "Are you a legal grower"
you answer "Would I be growing if I wasn't"

or

he says "can I see your paperwork"
You say "would seeing my paperwork help the situation"

when he ask's questions, he is in power. When you reply with questions, He is forced to loose his power and submit to answering.

If his paper work is legit, and he isn't a fed(to a fed, deny deny deny) then let him browse, If it seems like he is pushing his nose to deep(and doesn't have a warrant) ask him nicely to leave and you would feel happy to answer any more questions when he has a warrant.

I wouldn't suggest being a smartass to the cops. Nor would I suggest answering a question with a question. Nothing will piss them off quicker.

 

[SmokyMtnToker]

But warrants are NOT for checking to see if a crime is being committed...it is to secure evidence that is already reasonably believe ( by articulable knowledge) to exist. An investigation should not include busting everyone and figuring out if a crime has been committed later...it is to gather evidence and then, when they have proof of a crime, they act.

If they can see the med papers in plain view then that should eliminate any reasonable grounds to believe that the garden is not in compliance.

Of course, what should happen is not always what happens...and the cops can and do get bad warrants...they must be fought at all costs later.