search warrant?

[ytrew]

maybe i am just paranoid about my first grow but there is one thing that i want to know. If a friend or a family member knows I am growing a couple of plants and they tell the police, can the cops get a search warrant or do they have to have more proof!

 

[Grownincali420]

that question grabbed me by the balls...scary

yeah man, all they need is probable cause.which could be as little as you bringing a bag of soil into your spot.

 

[Oscar]

They're more likely to believe family members.
So long as they have enough details.........

 

[Runbyhemp]

Over here in Ireland a search warrant must be issued by a judge and in order to get it the police must provide sufficient evidence.

My house was raided about 12 years ago (I wasn't growing, luckily).

I was brought to court over the butts of 2 joints (0.023 grams, lol)

The case was thrown out of court because the police didn't have sufficient evidence to have gotten the warrant in the first place.

Peace RBH

 

[Oscar]

When one gets charged and convicted of a small drug offense, can they still go on a holiday?
Say, Mexico, Florida or the Dominican?
'Cause here you have to stay put, no border crossing what so ever.

???

 

[Pranic]

i dunno i've heard that in the states if u have a felony ur not allowed to cross the border... i'll have to look into that

 

[Oscar]

911 changed who can cross and who can't go where.

I know a guy who was charged with an assault charge 20 years ago and since 911 he can't leave, no holidays for him!

 

[Hick]

.......in the states..with a felony conviction, they won't issue you a passport..

 

[SFC]

Not being able to go Punta cana would ****! This all goes back to rule #1....

 

[upinarms]

Hopefully this will change when Bush is out of the White House!!!

 

[Mutt]

stealth is of the upmost imotrance. If you cannot keep rule #1 (don't tell anyone). then don't grow.
Felony takes away a lot of rights...best to avoid at all costs.
As far as a bag of dirt being "probable cause" is a stretch IMO.
Now full hydro set-up with lights mylar ferts and everything getting delivered all on the same day might send a flag.

 

[berserker]

.......in the states..with a felony conviction, they won't issue you a passport..

But,you can go on a trip,AFTER your rights are returned,you will have to wait 10 yrs for passport,7 yrs to vote, and NEVER again on guns.Keep it GREEN:hubba:

 

[Dubbaman]

actually its never on a gun never working with kids or the elderly now after 9-11 its still no travel out of u.s. wont issue a passport (didn't have to used to have one to get into Canada but now you do) and its 2 years after release for voting rights but that date is all dependent on when your release is because any parole or probation after release and that counts as time against you more like limbo (wont count for getting any rights back) Home of the free my CHEEKS home of limited rights is more like it i know I'm part of this minority that is no longer allowed to protect my family even if the assailant were to bring the gun in my home and i was to take control of it its garbage the Brady bill was a heap of crap that should have never made it through ( too much politics now gonna back off) but lets just say that where I'm at any felony conviction and you cant own any type of gun even if your crime was a non-violent offense and this isn't even the tip of the iceberg of "freedoms" that get taken from you once they stick that convict label on your head

 

[Grownincali420]

stealth is of the upmost imotrance. If you cannot keep rule #1 (don't tell anyone). then don't grow.
Felony takes away a lot of rights...best to avoid at all costs.
As far as a bag of dirt being "probable cause" is a stretch IMO.
Now full hydro set-up with lights mylar ferts and everything getting delivered all on the same day might send a flag.

i said it could be...like in a situation that happened to my friend...where his neighbor happened to be a sherriff..the only thing brought into his house that wasnt in plain cardboard unmarked boxes was 2 fans and a bag of soil...the rest is history..ill see him again in about 15 months.

never did i say that soil=warrant...but i dont know what the hell else got my frined caught up within 6 days of that..swooped him up his 3rd day of veg..babies were only about 2-3 inchs out of pots


stand warned.

 

[Oscar]

Not being able to go Punta cana would ****! This all goes back to rule #1....

Did someone say Punta Cana?

I'm packing my bags, flights are so cheap all of a sudden!

 

[Pranic]

i'm comin with...

 

[Mutt]

Holy Crap Growinincali
I think there had to be more to it than that. Something raised a flag to the sherrif next door and it had to be more than just the soil.
Thats sucks for your freind dude.

 

[Pot Belly]

i said it could be...like in a situation that happened to my friend...where his neighbor happened to be a sherriff..the only thing brought into his house that wasnt in plain cardboard unmarked boxes was 2 fans and a bag of soil...the rest is history..ill see him again in about 15 months.

but i dont know what the hell else got my frined caught up within 6 days of that..swooped him up his 3rd day of veg..babies were only about 2-3 inchs out of pots


stand warned.

Only 2 to 3 inches, 3rd day of veg? Already busted? Sorry to hear about that, but somebody or something wasn't discreet enough. That was way too easy - a gimme for that cop.

To have "The Man" live next door and have a garden is risky enough - especially when they start flowering with the smell.......What if he's got a K9, or his buddy does when they cook out next door?

Common sense is a requirement when growing MJ...........

PB

 

[Nova]

As far as search warrants go, a search must be issued by a judge! In the state of CA a peace officer cannot enter or search your residence without it, no matter what the cause is. Probably cause only applies to traffic stops, for example if you were swerving on the roads a bit, they would have probable cause with suspicion of DUI!

Do not be fooled by all the hype! All officers, this includes local, county, state and federal, must have a search warrant. Also, should you ever get pulled over with some stash in your ride, as long it is enclosed in a bag and cannot be seen with the naked eye, then you are all good. Do not ever give an officer permission to search anything you own, they have to ask you for a reason and it is your legal right to say NO! Just because you say no doesnt mean you are going to jail.

Im an aspiring law student and all i do is hang out with criminal lawyers. People are blind to their given rights, peace officers are subject to procedure and policy. If they do search your persons or property without verbal permission, that is an unlawful, it doesnt matter what kind of probable cause they have, it is illegal!

I personally, carry a pocket copy of the penal and civil code in my car. Should an officer challenge anything i say, i have the ability to show it to him in black and white.

Also, if you feel you are being harrassed by an officer, STOP TALKING! Ask for his supervisor, which will usually be his Sergeant. Ask for the officers full name, badge number, HIS BEAT, and his vehicle number. It doesnt't matter if you can read his badge number, have him tell you, same with everything else! By law they HAVE to tell you, just like you have to furnish identification upon request from them. One last thing, ANY complaint made against an officer stays in his record for his ENTIRE career as an officer of the law, so alot of cops will back peddle and get out of getting a complaint, it looks bad on them. Complain if they dont treat you professionally and respectfully! Rememeber they are PUBLIC SERVANTS there to PROTECT YOU, not harrass you!

Ok, im done! Now everybody go buy a pocket copy of the appropriate civil and penal codes for your locale and grow free!

Nova

 

[Nova]

Thought id re-buff what i was saying.....again, this is for my state, others may vary a bit in wording, but in most cases the same is implied...

[FONT=Verdana, Arial, Helvetica, sans-serif]California Penal Code section 1538.5

1538.5. (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on either of the following grounds:

(A) The search or seizure without a warrant was unreasonable.

(B) The search or seizure with a warrant was unreasonable because any of the following apply:

(i) The warrant is insufficient on its face.
(ii) The property or evidence obtained is not that described in the warrant.
(iii) There was not probable cause for the issuance of the warrant.
(iv) The method of execution of the warrant violated federal or state constitutional standards.
(v) There was any other violation of federal or state constitutional standards.

(2) A motion pursuant to paragraph (1) shall be made in writing and accompanied by a memorandum of points and authorities and proof of service. The memorandum shall list the specific items of property or evidence sought to be returned or suppressed and shall set forth the factual basis and the legal authorities that demonstrate why the motion should be granted.

(b) When consistent with the procedures set forth in this section and subject to the provisions of Sections 170 to 170.6, inclusive, of the Code of Civil Procedure, the motion should first be heard by the magistrate who issued the search warrant if there is a warrant.

(c) (1) Whenever a search or seizure motion is made in the superior court as provided in this section, the judge or magistrate shall receive evidence on any issue of fact necessary to determine the motion.[/FONT]

There's more in that specific section, but it all gets extremely technical a bit overwhelming to explain. This part of is the foundation of the section, hence why it is the very beginning of the section!

Nova