Refusing Knock & Talk's?

[kmk420kali]

It depends on your State Laws-- They cannot bust your door down here in Cali for simply smelling Marijuana burning-- Now if it a grow, and they smell it coming from exhaust...that is a different story-- But they cannot bust in your door without a warrant, simply because they smell weed...as it is not an arrestable offense--

 

[British_Bulldog]

Kali - This discussion is not about forcing their way in over personal use.

What I mean is when they conduct a Knock and Talk, they know something's going on, i.e. a grow there, and they use the the "smell of MJ" to assist in gaining access, whether there was really a smell or not, and it's their frustration they can't talk their way in otherwise that leads to that.

When the case goes to court, the judge will not listen to the defence saying there was no weed smell, when they bust a large grow going on.

The fact is that the grow was busted, and it's a non-issue after that.

I understand things are different in Cali regarding burnt weed smells, but I didn't just mean a burnt weed smell either.

What the pigs smelt at my place was weed drying (too much weed, too small carbon filter ) and what actually saved me somewhat was the faint burnt weed smell masking the drying smell. Also, the burnt smell smelt like it was probably weed, but the drying smell was light and fruity, and not 'skunky' or hashy, like they are trained to smell for.

This made them wonder whether it really was weed drying, or just a joint being smoked, and therefore asked me and my gf whether it was weed. We said no, and they tried to bullshit more by saying "it's ok, we don't care about weed, we're only bothered about hard drugs", trying to use a confidence trick to get us to admit it.

The trick was so convincing for my gf that she told me afterwards that she actually believed that, but I didn't for a second.

The only thing that stopped them keep on asking to come in, was: AND THIS IS GOLDEN: "I was just about to have sex with my gf, and they were interrupting an intimate moment".

It was actually true, which is what made it so convincing for them and my innocent gf, and the burning weed smell could well have been an aphrodisiac, but I can tell you we didn't fuck after they left!!

>>> I cleared house as fast as my legs would carry me, lol....and there was A LOT to clear!!

If they had got me then, they would have hit the Jackpot!!


Peace

 

[Verite]

Why are people so confused regarding this???

What part of knocking and talking dont you people get???

They arent busting down the door. They knocked .. you answered .. anything illegal observed is grounds for probable cause .. end of story.

I can provide a few dozen links that shows the legality of it .. if you can provide the links/laws that shows that smelling marijuana ISNT probable cause then please provide them.

Heres some
http://findarticles.com/p/articles/mi_m2194/is_8_75/ai_n18791225/pg_1
http://www.orlandoweekly.com/features/story.asp?id=2940
http://www.laborlawtalk.com/showthread.php?t=115663
http://www.onlinepot.org/legal/potbusts.htm
http://www.alternet.org/rights/14927?page=4
http://www.nevergetbusted.com/v2/ngb_march08_newsletter
http://www.michigan.gov/documents/FEB2000VOL_8704_7.pdf
http://www.erowid.org/freedom/police/police_cannabis_defense1.shtml

 

[Guest]

Excellent links there Verite..........thanks for that.

 

[S_a_H]

Just tell everyone, if you do not call before coming over do not expect the door to open when you get here. Needless to say I have had several family members and good friends be really pissed off over this rule but oh well they know it and it was before I was growing. Plus it helps being far enough out that no one is just going to stop by without calling and take the chance I am not home.

S_a_H

 

[julsbagell]

Jeff my take on this thing isnt johnny come lately attitude.all im saying is they dont scare me at all ive met lots of cops and they are pussys let them think they have control and they will get even more ballsy you have rights exersize them. got a lawyer if you dont go get a consult keep there card and use it if you have to.Ive been a taxpaying citizen for 15 years havent been arrested for 15 either they came to my home 2 years ago because of my son and my wife had enough balls not to let them in so whats the big deal about cops?smile to there face just dont give up your rights.

 

[British_Bulldog]

Thanks for the links Verite.


julsbagell - the problem with cops and knock & talks is that if you've got a big grow going on, they find out and turn up for 'a talk', it's a difficult situation as it's like the cold war - you both know what's going on, but pretend not to, and the psychological warfare ensues.

Maybe you've not been in that situation, or maybe you have? But if you haven't, let me tell you it's not good, lol


Peace

 

[twojoints]

Even if it's well hidden, NEVER let them in - once you do that, you have given them access to ALL the house, and they can search anywhere they like, and for as long as they like....believe me, they WILL find it.

Peace

i beg to differ! after coming into my house they found a bag of weed but not my grow. that doesnt mean anything though, i should have never answered my door in the first place. i think its completely sad that we as citizens arent able to answer our own fuckin doors, but if you want to stay out of jail its about the only chance you got. its not a fair country or even a free country- as even in my case the police report was falsified so it did not matter a damn bit what i said to them at the door. i should have never answered at all.

and if youre outside mowing while they come up for the knockie talkie, well life sucks for you

 

[twojoints]

Why are people so confused regarding this???

What part of knocking and talking dont you people get???

They arent busting down the door. They knocked .. you answered .. anything illegal observed is grounds for probable cause .. end of story.

I can provide a few dozen links that shows the legality of it .. if you can provide the links/laws that shows that smelling marijuana ISNT probable cause then please provide them.

Heres some
http://findarticles.com/p/articles/mi_m2194/is_8_75/ai_n18791225/pg_1
http://www.orlandoweekly.com/features/story.asp?id=2940
http://www.laborlawtalk.com/showthread.php?t=115663
http://www.onlinepot.org/legal/potbusts.htm
http://www.alternet.org/rights/14927?page=4
http://www.nevergetbusted.com/v2/ngb_march08_newsletter
http://www.michigan.gov/documents/FEB2000VOL_8704_7.pdf
http://www.erowid.org/freedom/police/police_cannabis_defense1.shtml

dont forget anything they want to come up with while that door is open. you can have everything hidden and your house smelling like roses, but if they want to come in they will write on that police report anything they want. but if your door is locked they would have to leave evidence of them entering if they want in... thats what stops them. also, if you answer, they have every right to take you downtown for questioning. 'youre not arrested, youre just being detained'. ahem...

 

[twojoints]

British Bulldog you are not in the states are you? Maybe cops can use smell to enter in your neck of the woods but not here. If that were the case, LEO would never have to get a search warrant on any case. "Oh we smell weed, lets bust down the door". Well we didnt find any weed but we found 5 kilos of cocaine, or we found those stolen DVD players from the local Wal-Mart.

ummm... dude weve been in long talks before... i know you know that IS enough probable cause nowadays. hell they dont even need that much- if they dont like you they will think of something to write down on that police report....

 

[twojoints]

If you open the door, it gives them the opportunity to lie and force their way in. Theres no physical proof of how it went down. If you dont answer the door, they have to make a decision. "Do I bust down the door and claim I smelled weed?" Then what if they are wrong? What if they bust down the door, noone is home, and they dont find a single gram of weed? Now how the hell do they explain the busted door? Where was this "weed" smell from?

that is about it right there. regardless of what goes down with words, its physical evidence that upholds in court.

I also find it funny on how people get a knock and talk, give up everything, then want to give advice on warrants and such. Too funny

whats even funnier is people who are so smart that they feel better by making fun of people who are just as dumb as they were at one time. everybody is here to learn and digress man. you can keep the knowledge flowing, it is appreciated, but only without the salt. please.

 

[Climbinghigh]

Two Joints brought up a good point, we shouldn't assume that a badge makes cops honest(who would, really?), in some US cities corruption is the norm. Remember its you're word against theirs, and a judge is always more likely to believe a cop. Iv'e had a cop threaten to plant coke on me and take me in, and Iv'e been pulled off the street and put in handcuffs while they searched me for know reason- they said my plates were from a stolen car, WTF? Found out later through a friend that they were training a rookie that night. DONT TRUST PIGS.

They may be at your door for an unrelated reason or just on a hunch, but if you open your door and they smell something, then they will have a reason to get a warrant, or at the very least you will be under investigation. Most of the time they don't know shit unless you let them know. Let's overgrow these Mofos while staying safe.

 

[Verite]

dont forget anything they want to come up with while that door is open. you can have everything hidden and your house smelling like roses, but if they want to come in they will write on that police report anything they want. but if your door is locked they would have to leave evidence of them entering if they want in... thats what stops them. also, if you answer, they have every right to take you downtown for questioning. 'youre not arrested, youre just being detained'. ahem...

Been there and had it happen. I actually ignored them up until the point where they shined their floodlight thru my front window. I went out and answered their questions which were later edited and cherry-picked when I read the report later [ for an unrelated neighborhood incident. ]

Since then the only thing I tell them is my name and address. If they have any questions regarding anything that isnt my name and address and they have to talk to my lawyer. Those are my rights and I exercise them.

 

[Classyathome]

their questions which were later edited and cherry-picked when I read the report later [ for an unrelated neighborhood incident. ]

Since then the only thing I tell them is my name and address. If they have any questions regarding anything that isnt my name and address and they have to talk to my lawyer. Those are my rights and I exercise them.

Bingo - their reports will say what is most convenient for them, and least for you.

Leos lie - don't let them lie to you.

Shut the door, say nothing, do nothing.

Screw them - if they want ya, make 'em work for it...

 

[British_Bulldog]

i beg to differ! after coming into my house they found a bag of weed but not my grow. that doesnt mean anything though, i should have never answered my door in the first place. i think its completely sad that we as citizens arent able to answer our own fuckin doors, but if you want to stay out of jail its about the only chance you got. its not a fair country or even a free country- as even in my case the police report was falsified so it did not matter a damn bit what i said to them at the door. i should have never answered at all.

and if youre outside mowing while they come up for the knockie talkie, well life sucks for you

Well I beg to differ over your begging of difference, lol

In your case they weren't actively looking for a grow, but if they were they would have found it.

 

[Guest]

Personally, I wouldn't answer. No good can come from it. LEO is not your friend and he isn't there to help you. They are there to gather evidence for the prosecuter to make a conviction. Nothing more. Invoke your 5th amendment rights if you're in the USA. It amazes me how many people cut their own throats buy talking to the law. You aren't required to say jack shit. Anything you say just makes their job easier. Whatch an episode of COPS and see how many idiots cooperate and spill their guts. It's crazy! If you let them know that you won't be intimidated and are aware of your rights they'll have to actually work for an arrest.

 

[British_Bulldog]

(Personally, I wouldn't answer.) No good can come from it.

Sorry Josey, but why do people here keep repeating this line.

In my case it did me the world of good, and you must have read what I said explaining what happened, so let's keep it rational eh?


Peace

 

[Guest]

British Bulldog, I'm glad it worked out for you but I would say you are the exception to the rule. My opinion is based on living on the west side of the pond.
As soon as the door is cracked they are in control. Good Luck!

 

[British_Bulldog]

Hi Josey,

I agree I was an exception, but only because of the way I handled it. My point is, please keep an open mind and don't make blanket statements, as they're not always true.

They are only in control if you let them be in control, no matter where you are (edit: ok, in the civilised world I mean ;-) )


Peace

 

[Verite]

Sorry Josey, but why do people here keep repeating this line.

In my case it did me the world of good, and you must have read what I said explaining what happened, so let's keep it rational eh?


Peace

Might work in a country where the coppers have passive attitudes. It also might work here stateside .. once .. with a rookie cop.. if youre lucky. If you think its going to work twice you'll be in for a big surprise. The second time you answer they'll be prepared and before you can say, " hold on, what about my rights " you'll be on the floor with three sets of knees in your back while they trash your house looking for anything to justify making up some probable cause BS later.

It happens here in the US enough times ad nauseum that its just about pointless to argue in favor of opening the door.. especially when just about every lawyer out there will tell you not to.

Just because you can survive being hit by a car isnt a good enough reason to play in traffic.