NEED HELP VERY FAST!!! IN TROUBLE!!!

[Blckbrd]

Great insights Medmaker. A couple of comments for the rest of us ... hope he's OK & staying low.

Now they can't raid you based on some assholes word, they can or will maybe investigate but you can't raid based simply on a fuckin neighbor.

Depends on whether the guy took cell phone pics and whether he could identify a picture of pot plants that the cops show him as being identical to those he saw. Some independent corroboration is more often than not required; but, the LEO might just jump the gun. Whether they should or not doesn't mean they won't.

deny everything

Just don't say anything ... don't deny, don't admit, just say you want to talk to your lawyer before anything. It is very important to invoke your right to counsel IMMEDIATELY. Otherwise, your answers or failure to answer can be used against you prior to your invocation of your right to counsel. A false denial (lie) to a federal agent/investigator is a separate criminal offense, even if the underlying matter is bogus. If anything you say can and will be used against you, the only thing to say is "I want to talk to my lawyer." PERIOD.

 

[headband 707]

Don't the ppl in the US get in more trouble if they have weapons with the grow or does it even matter from that point? I saw a show on TV where the cops made a big deal over the fact that they found guns with the grow like it jumped up the charge to a whole new level. It was one of those " Real Vice cop "shows....I know they really freak out when they find guns here and charge you up the asshole .They seem to be finding way more guns then they ever found before ,sad fucking shit. So I assume it's the same there and everyone has got a gun there lol peace out Headband707

 

[Blckbrd]

Don't the ppl in the US get in more trouble if they have weapons with the grow or does it even matter from that point? I saw a show on TV where the cops made a big deal over the fact that they found guns with the grow like it jumped up the charge to a whole new level. It was one of those " Real Vice cop "shows....I know they really freak out when they find guns here and charge you up the asshole .They seem to be finding way more guns then they ever found before ,sad fucking shit. So I assume it's the same there and everyone has got a gun there lol peace out Headband707

In federal court, possession/the presence of firearms can ruin your shot at a "safety valve" downward departure ... can make your deal worse. Sentencing enhancements for using firearms in criminal activity.

In state courts, if ownership of the firearm is otherwise legal, they typically have to allege & prove that the firearm was used to further criminal activity in order to trigger sentencing enhancements and other criminal statutes. Big difference if your legally owned handgun is unloaded in a safe in your bedroom far away from anything illegal VS. your loaded assault weapon next to your grow.

 

[headband 707]

Well thats easy then just keep your shit unloaded then lol.. They have guns here more and more but most of the guns here are up North with the hunters and downtown with the players. Cops know this shit this is why they go after them here. They made a real effort to go after the gangs and told them all they were comin for them. They brought in the DEA and cleaned house. Can't even be thier friend..They put an ad in the paper saying were coming for ya, I do believe they have turned Van into a police state for the Olympics. It's one thing to have an Olympics it's a whole other thing to go after the sick and poor to make themselves look like they are sqeaky clean and the place to be. The kicked all the homeless out of town be giving them fines they couldn't pay and taking away thier shopping carts. Lets pick on the poor and sick and again use the cops to do it.Sorry off topic lol.. peace out Headband707

 

[igrowone]

see plenty of references to cell phone pics and warrant
pics sound convincing but pics here are our stock and trade
anybody can pull down dank looking pics no problem
so curious if any of our amateur lawyers can chime in on this
now if there was something in a pic that had some obvious features that scream out, 'this is that guy's house'
but a pic from a grow room just doesn't sound like you can tell where it came from

 

[GrowerGoneWild]

In federal court, possession/the presence of firearms can ruin your shot at a "safety valve" downward departure ... can make your deal worse. Sentencing enhancements for using firearms in criminal activity.

In state courts, if ownership of the firearm is otherwise legal, they typically have to allege & prove that the firearm was used to further criminal activity in order to trigger sentencing enhancements and other criminal statutes. Big difference if your legally owned handgun is unloaded in a safe in your bedroom far away from anything illegal VS. your loaded assault weapon next to your grow.

Absolutely.

Even in a decrimed/medical/personal use state that has lax gun laws like mine.

Firearms found near the grow is a double whammy.. But sadly IMHO its a necessity due to the problems of rippers.

Not to thread jack but..:

I worked with one guy who's kid kicked in a grow-op. And they shot the grower and killed him. They caught the kid and he's serving life.

I would rather have a grow that nobody knew about than having the paranoia of keeping a gun(s) around the house for my own self defense.

 

[medmaker420]

see plenty of references to cell phone pics and warrant
pics sound convincing but pics here are our stock and trade
anybody can pull down dank looking pics no problem
so curious if any of our amateur lawyers can chime in on this
now if there was something in a pic that had some obvious features that scream out, 'this is that guy's house'
but a pic from a grow room just doesn't sound like you can tell where it came from

especially if you put regular household shit in the rooms. But yes having to identify something to prove that is the same spot for sure BUT even then, if you don't have anything NOW what can they get you on? Having stuff before?

I just hate hearing stories like this, getting raided due to a fucking rat who thinks it is their civic duty to narc on neighbors. People need to start minding their own business and let people live and DO what they want in their OWN fucking house.

To a few comments above as well from another member. I do agree on the right to NOT speak versus deny indeed. Let the lawyer do that talking for you.

If they have pics then what was the legals means for that person to even be in the house in the first place to be able to take pics without him being there. SO many things seem wrong with how this went as well as how it might go.

In a happy world the cops would need PROOF before charging in which freaks many of us out even with med cards. Would the fucks even check to see if someone was even a patient before they bang in your door?

To win the case you would think protocal would have to be followed but even if they lose the case in court they still would have wrecked your entire world. Who the fuck wants to get escorted out in cuffs in front of all their neighbors? Fucking degrading to say the least.

We are getting tarred and feathered it seems and as a country there needs to be an uprising so we can get back to the republic and backed by the constitution and the right to live free.

 

[armedoldhippy]

i can't wait to hear how the "plumber" got in. had a fellow in these parts growing the real shit got busted after 8 or 9 years. local cops sent a convicted burglar (but not yet imprisoned) to break into his house so they could search while he was at work. (investigating a "break-in" ya know) they have sent folks from the "gas company" investigating gas leaks in homes that DIDN'T have natural gas service. i'm not paranoid, they really ARE out to get us...

 

[Blckbrd]

so curious if any of our amateur lawyers can chime in on this
now if there was something in a pic that had some obvious features that scream out, 'this is that guy's house'
but a pic from a grow room just doesn't sound like you can tell where it came from

A prosecution would have to prove a number of things that would be very difficult from just a photo:
1) what is it? You can't test a photo. Without some trace THC, it would be very daunting to try to build a case of cultivation/possession of an illegal substance without some testable trace of the substance. They could bring in a botanist expert, i suppose, but now we're talking the atypical trial.
2) where is it? The guy who took the photo would say where he took the photo.
3) when was it? A photo will not necessarily limit the date of the offense to within the applicable statute of limitations. Without being able to pin down a time/date (when the apparent marijuana was possessed/cultivated), the case is incomplete.
4) who possessed it? Having a picture does not mean it is yours. There is a presumption that if it is in a vehicle/building to which you have exclusive control, then it is yours. In a communal area, however, poses problems without more to indicate and narrow down possession, control, or custody.

In sum, a picture alone would be very difficult to provide proof beyond a reasonable doubt. Probable cause that criminal activity is afoot and reason to search for more, however, is a different story.

 

[rrog]

This is some fucked up awareness building. It is awful that this happened, but I've learned from reading the posts here.

I hope he's OK.

 

[igrowone]

In sum, a picture alone would be very difficult to provide proof beyond a reasonable doubt. Probable cause that criminal activity is afoot and reason to search for more, however, is a different story.

probable cause is what i was wondering about
if a pic = probable cause, then i can start probable causing every politician/LEO in my area
thinking it's mostly the rat's word that LEO would act on
if they act at all, got to think they get a large number of grow tips in a year

 

[Blckbrd]

look at all the shit that Michael Phelps got in over just a photo.

The photo did NOT have weed in it, but was strongly suggestive of its presence ... i.e. what else is a bong for. BUT ... no MJ in the pic!

 

[igrowone]

look at all the shit that Michael Phelps got in over just a photo.

good point, of course the picture had him in it
may not be a simple answer on this
just saying if i was the judge(who throws out every MJ case he hears), i'd be skeptical of some pic on the guy's cell phone for cause to issue a warrant
most pictures just don't mean much because they're so easy to cook up with modern technology

 

[Moldy Dreads]

No update?

 

[medmaker420]

look at all the shit that Michael Phelps got in over just a photo.

That was because of the sponsors and him being a role model. There are a million people with pics of them smoking that don't lose millions in endorsements all the time lol.

 

[Blckbrd]

but the photo alone did attract the attention and investigation of the LEO

"Following an investigation, the Richland County Sheriff's Department announced on February 16 that Phelps would not be prosecuted in connection with the incident because there was not enough evidence" Wikipedia

 

[SOTF420]

Every single door needs to have tamper proof high security deadbolts, and the room set-up so that no light or smell can get out. If you have windows that are blocked off visually make sure there is something shatter-proof behind it like a solid piece of wood or lexan, etc. in case of a break-in or attempted one. Or a kid throwing a baseball by your house, stray bird flying into your window during a storm, etc. Don't have anyone in your fucking house if you are not legally growing or you very well may get busted! It is hard to hide a grow in a house because people are fucking nosy. Sad but true, you must be a hermit. If you need a social place to chill, rent a small apartment to have guests over at.

 

[TheGreenReaper]

I have had to tear down twice. The first time I just transfered all the plants , and seeds(72 plants, 4 weeks veg)within 18 hours to a collegue whom took those to fruition and I received a 1/3 of the harvest. Nothing came of it, and I took two months off till I was up and running again.

Then only one month after starting again, at 10:18 pm I had a fucking chopper hover my house for 3 minutes. You could see the goddamn globe with a red light on the end of the chopper FLIRing my place. I built my grow well, and I am 99% sure there was no signature. I dont care, they dont waste resources like choppers on situations that arent worth following up on. I also dont need the friendly neighborhood reminder of how the supreme court ruled FLIR to be illegal, blah blah. I know what happened at my place, and I also fortunately know the reasons for it. I will not explain the details of that grow to protect myself.

I casually walked away from the window (with fucking chopper about 50 feet off the roof of my house...isnt that alone illegal - flight deck rules?), and casually walked to the "secret door" and then proceeded to coldy but frantically play out a part in a movie. I finally settled into an anxiety ridden smoke fest at 5:16am, after killing 100+ plants and dumping in different areas, all seeds & moms gone (OMG, I lost some classic genetics - but I figure you havent been growing long enough if there isnt some far gone plant you wish you still had), PC scrubbed, everything except for the allowable personal use weight for medical patients in my state. I was amazed at the efficiency with which I went to work. I couldnt make the room "go away" like some folks, but I did all I could, and was going to stand (with an attorney) on the fact that I am a medical patient, and I have utilized my facilities within the nature of the law for my own medical purposes.

This story is appearing kinda vague and weird, medical/not medical/choppers/blah blah not my intent. Bottom line -A quote from Robert Deniro in HEAT echoed in my head the second that red light swung to my view and the chopper flared a stop over my house:

"Do not have any attachments, do not have anything in your life you are not willing to walk out on in 30 seconds flat if you spot the heat around the corner."

I do not regret any of my choices due to the fact I am still here. This was six months ago, I no longer grow and I am taking a break from it. Still a medical patient, and love the community hence why I am here. I encourage this guy to do it right, tear it all down, leave, and then wait. How long...its hard to tell - but if you are making marks on a concrete jail cell wall to count the days..it will seem like a lot LONGER wait.

I wish you the best, and hope you have the chance to update us when you get the chance. Listen to the serious folks like Blckbrd and others of us that have endured similar. Do it right, and then live to tell the story later.

Onward.

 

[Dr. Buddington]

Thats fucked up TheGreenReaper. Hope that the universe presents you with a chance to grow in the future.

 

[indicrazy]

I had a helicopter hover over my house many years ago while I had a grow room full of FUN.

That is an adrenaline rush boy, I'll tell you what.... Having a chopper 50-100 feet off your house, almost rattling the dishes out of the cabinets.

I learned two things from that. First, I learned I could rip apart my entire grow room while higher than a kite on adrenaline in about 10 minutes.

Second, I learned about 2 months later that the helicopter was actually doing survey work for a natural gas company laying out their right-of-ways... Doh!!!!!