Non-Search Warrant Rights?

[Bengi]

I was watching a show lastnight (Alaskan State Troopers). They received and anonymous tip on a college kid growing in his basement.

They didn't have a warrant, so they did what they call a "knock & talk".

The kid opened the door when they came and went outside closing his door behind him. They said they got a call about him growing and they wanted to come in. They asked him how many plants he has etc etc. He was reluctant and a lil evasive about his plants. He ended up telling them they can't go in b/c they didn't have the warrant.

BUT, they also wouldn't let him back into his home b/c he may destroy evidence and said he can't go back in until they get there warrant. A few hours later, while everyone including him waited outside, they got there warrant and busted him.

Is this legal?? I would totally be like, sry bout your luck and go back into my home and lock the door behind me until they actually got the warrant.

Can they really deny you access back into your home, while on your property?

 

[dagnabit]

investigative detention.

perfectly wrong and unfortunately legal as well

 

[Noobian]

Hey Bengi good to see you back bud!

 

[Noobian]

OT: That IS messed up that they can do that. Kinda throws a monkey wrench in the "step outside and close the door behind you" bit we've all been told to do. There has to be a statute of time for how long they can "detain" you. More authoritarian BS from the so called land of the "free".

 

[cannagardens]

That's why I have an intercom, cheap and worth every penny.

 

[Chronic Don]

anonymous tips aren't enough to get a warrant. fight the warrant, get it turned back and it becomes an illegal search. also supposedly smelling something when you opened the door and stepped out isn't enough either fight it , get a good lawyer pay the money or accept it.

 

[Chronic Don]

I read a forum someplace thats a sticky on how to go about things when they come to search without a warrant, for your car, house, garage, backyard etc. and supposedly the advice works. it was either on here or skunk or growkind.

 

[Bengi]

Well good to know I guess. Just don't open the door if they do knock. They can't put you in investigative detention if you don't come out I would hope.

 

[compost]

anonymous tips aren't enough to get a warrant. fight the warrant, get it turned back and it becomes an illegal search. also supposedly smelling something when you opened the door and stepped out isn't enough either fight it , get a good lawyer pay the money or accept it.

Agreed. Unless they had other reason then some tip they shouldn't have been able to obtain a warrant. If a cop comes to your property and wants to talk, tell him nicely through the door to leave his card so you can set up an appointment. Another option is to not show yourself but for me I don't want him snooping around my property.

 

[DasFox]

investigative detention.

perfectly wrong and unfortunately legal as well

THIS...^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

EITHER don;t answer door or talk thru window and tell police you don't talk to them...

IF they have a WARRANT then bust your door down...

If not...BYE...

THANKS

 

[DasFox]

They didn't have a warrant, so they did what they call a "knock & talk".

The kid opened the door when they came and went outside closing his door behind him. They said they got a call about him growing and they wanted to come in. They asked him how many plants he has etc etc. He was reluctant and a lil evasive about his plants.

DO NOT discuss PLANTS AT ALL...SHEESH...

THANKS

 

[robbiedublu]

From what was posted it sounded like he admitted he had plants when they were talking to him. That gives them enough to get a warrant.

 

[pinecone]

From what was posted it sounded like he admitted he had plants when they were talking to him. That gives them enough to get a warrant.

I saw the same episode and when they started talking to him they said "We are here to talk to you about your plants".
- Then they said something like "you are much better off telling us whats going on now".
- Then then said "how many plants do you have" or something along these lines.
- He admitted to having plants
- Then he said they couldn't come in.
- Then they said he couldn't go back in because he admitted to having plants and they were concerned about him destroying the evidence

This guy really f.cked up. He should of just said "what plants?" and denied everything or, better yet, not even answered the door. I was thinking - "what an idiot" - the whole time I was watching this. If you are going to grow marijuana, especially on a commercial scale, you ought to think about how you are going to respond in these situations before they actually happen.

Pine

 

[oldhaole]

Fence your entire property, and put a gate at the road, on your property line.

Let them talk to you there, them on the street, you on your property. And NEVER admit to anything, best thing to do is ask for their card, and ask them to set up an appointment with your lawyer.

The idiot in question's mouth sunk him. They may call it a knock & talk....But you don't have to say a word. Best if you don't.

Keeping them in the street pisses them off. Since there is a phyisical barrier they can't even come to the door. A few dogs help too. They can't even legaly step onto your property. That way they can't knock to begin with.

 

[IE2KS_KUSH]

Good thread.

 

[IE2KS_KUSH]

Good thread.