Deleted
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Post by Deleted on Sept 6, 2012 9:36:43 GMT -5
Suppose your neighbors are growing a shit-ton of weed and the cops come to check it out.
If they get a search warrant and go on their property, and happen to look over the neighbors fence and see their plants, can they then search the neighbor's property? Or, do they have to obtain another warrant?
If you have a long private driveway, can they drive down and look around without a warrant when you aren't home?
**While I could claim this is a hypothetical situation, we came home from town yesterday to find the local task force and Discovery channel film crew going door to door yesterday, driving around everyone's private property and walking around in everyone's yard. I thought if they wanted to investigate your property they required a warrant?
They claimed they were responding to a complaint of a huge grow (which there is a few of in my area, but the big problem one the guys took their herd of mean dogs and moved back to Sacramento...) but I didn't think they can just walk around on your private property without being invited?
While I would be happy to talk to the Discovery channel for their new documentary, I prefer anonymity due to where I live and the fact that things seem to live forever these days online on on film.
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zibazinski
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Post by zibazinski on Sept 6, 2012 9:39:17 GMT -5
Uh, no, that is called trespassing.
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Gardening Grandma
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Post by Gardening Grandma on Sept 6, 2012 9:45:10 GMT -5
It's tresspassing, but good luck getting them to stop. We had some neighbors growing medical marijuana. The cops started investigating and I strongly suspect that they came on our property and had a look around when we weren't home.
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Green Eyed Lady
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Post by Green Eyed Lady on Sept 6, 2012 9:45:11 GMT -5
Perhaps those home owners gave permission. In that case, it's not trespassing. You said they were going door to door. Perhaps they asked for permission and received it?
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midjd
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Post by midjd on Sept 6, 2012 9:49:55 GMT -5
Seeing the plants while engaged in a warranted search would give them enough probable cause to perform a warrantless search under the 'plain view' doctrine.
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Deleted
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Post by Deleted on Sept 6, 2012 9:51:17 GMT -5
There was no one home. We came home and found them fanning out of the bushes on two of our neighbor's properties....
They said they had a "slow day" and were investigating a complaint of non-compliant large grows. They were all over our neighbors property late last night with flashlights and I assume to do that they had gotten a warrant. You can clearly see the neighbors 50 or so plants from the road. And, I think in that case they are warranted.
However, for everyone else, I don't think they should be able to walk all around your property while you are not home "searching" for what they can find... Hell, I think we have ONE old person here who doesn't grow, everyone else does to some extent or another. Most have 420 Rx's.
They said that they were "looking for neighbors who might be able to contact the owners of the large grow." I think that is crap because if you go to the assessor's office, you know who owns the property and can easily contact them yourself without trudging through my bushes looking for me....
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Deleted
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Post by Deleted on Sept 6, 2012 10:04:18 GMT -5
Seeing the plants while engaged in a warranted search would give them enough probable cause to perform a warrantless search under the 'plain view' doctrine. To search the house of the original warrant, but outside of the scope of the original warrant yes... but would it work to move the search to the house next door? I mean, If you expect a grow, can you just ask the next door neighbor to let you in, or get a minor warrent on the next door neighbor, and then peer over the fence, see something in the back yard, and use that as a 'plain view' ?? I'm thinking not, but not sure...
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Deleted
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Post by Deleted on Sept 6, 2012 10:08:12 GMT -5
I know for 100% certain they saw my plants last night while out with the flashlights at the neighbor's house. I am about 90% certain they had seen my 3 plants before I even came home. They asked me where I lived, and smiled when I told them, but said nothing about my plants or did not ask to see an RX or anything.
However, I am now wondering if I should expect them back... Our whole neighborhood is now wondering if they are going to come search everyone. I think that is very, very wrong.
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Tennesseer
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Post by Tennesseer on Sept 6, 2012 10:11:52 GMT -5
Gold-do you think it might be harvest time in the next few minutes?
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973beachbum
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Post by 973beachbum on Sept 6, 2012 10:16:30 GMT -5
I know for 100% certain they saw my plants last night while out with the flashlights at the neighbor's house. I am about 90% certain they had seen my 3 plants before I even came home. They asked me where I lived, and smiled when I told them, but said nothing about my plants or did not ask to see an RX or anything. However, I am now wondering if I should expect them back... Our whole neighborhood is now wondering if they are going to come search everyone. I think that is very, very wrong. Shasta, I don't know the ins and outs of it. I am not judging because I really could care less if someone smokes a joint but it sounds like a stressful way to live.
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Deleted
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Post by Deleted on Sept 6, 2012 10:17:04 GMT -5
This whole pot growing thing is so confusing, here in Ca.. State says you can grow, Feds say you can't. yes, it certainly is confusing. It puts the citizen in the middle of a power struggle between the feds and the state. Fun.
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Abby Normal
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Post by Abby Normal on Sept 6, 2012 10:17:11 GMT -5
What the heck kind of neighborhood do you live in- that everyone grows weed? I could see a couple of people doing it, but everyone?
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Deleted
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Post by Deleted on Sept 6, 2012 10:17:32 GMT -5
Gold-do you think it might be harvest time in the next few minutes? Unfortunately they will not be done for another month or so. I guess my issue is they know my plants are there, didn't ask for an RX, and I assume they don't care about me - they are here for the large grow next door. However, now that I know for sure they know the plants are there, I am not sure if pulling them out would really accomplish anything, and I still think they aren't interested in me and my personal use crop. Logically, if they want to come arrest me for three plants then they have to pay for a public defender and all that crap. I don't have so much as a speeding ticket, so I don't think anyone really cared much, except for the film crew and the fact that they are looking for some "bust" footage.... I don't know. I just hate that I came home and they are all over the property uninvited and fishing. They could probably bust half my neighbors for outstanding warrants and I think that would be a MUCH better use of their time. (We pointed them to the tweaker's house with a suggestion that would be a good place to visit...)
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Tennesseer
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Post by Tennesseer on Sept 6, 2012 10:18:11 GMT -5
What the heck kind of neighborhood do you live in- that everyone grows weed? I could see a couple of people doing it, but everyone? Higher and higher?
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Deleted
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Post by Deleted on Sept 6, 2012 10:19:02 GMT -5
Is goldpanning Shasta ? I don't pay near enough attention... i think everyone should stick with their original names, or we should have a thread somewhere that marks the changes ...
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happyhoix
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Post by happyhoix on Sept 6, 2012 10:20:07 GMT -5
I don't know. I know once I came home and found the local sheriff searching my son's treehouse. They were looking for a runaway girl and the rumor around middle school was that she was hiding in a treehouse in our neighborhood (she was, but it wasn't our treehouse). No one was home at the time. It didn't bother me that the police were on my property, though, but if I had three pot plants it would have, I guess. Possibly when they are searching for a missing child they don't need a warrant? I WAS worried what would happen if my beagle had taken a bite out of one, she was fairly territorial. Apparently she was intimidated by the badge, though.
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973beachbum
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Post by 973beachbum on Sept 6, 2012 10:20:33 GMT -5
Is goldpanning Shasta ? I don't pay near enough attention... i think everyone should stick with their original names, or we should have a thread somewhere that marks the changes ... yes.
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Deleted
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Post by Deleted on Sept 6, 2012 10:21:39 GMT -5
What the heck kind of neighborhood do you live in- that everyone grows weed? I could see a couple of people doing it, but everyone? I live in the woods 30 miles from the nearest town. We live in an area where everyone owns at least 2.5 acres of land, typically has large fences and large dogs, and everyone does their own thing. As Humboldt is filling up, and we have good growing conditions locally, people are moving in on remote lands and growing for the pot collectives. It's pretty much the best cash crop going and a cottage industry here in CA. I object to the idea that I have to fork over $200 to some "doctor" and tell them I have migraines to grow a plant in my own yard, so until now I have rejected that option. Never again! Now that we have growers everywhere, I assume the task force will pay a visit every year....
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Tennesseer
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Post by Tennesseer on Sept 6, 2012 10:22:41 GMT -5
"I WAS worried what would happen if my beagle had taken a bite out of one, she was fairly territorial. Apparently she was intimidated by the badge, though."
That has happened here several times. The police were looking for something else. Sadly the dogs were shot and killed for displaying aggression.
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Deleted
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Post by Deleted on Sept 6, 2012 10:23:01 GMT -5
How easy is it to grow, harvest and dry the crop?
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Tennesseer
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Post by Tennesseer on Sept 6, 2012 10:24:18 GMT -5
"As Humboldt is filling up, and we have good growing conditions locally, people are moving in on remote lands and growing for the pot collectives. It's pretty much the best cash crop going and a cottage industry here in CA." Reads like Afghanistan and the poppy/heroin crop.
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Deleted
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Post by Deleted on Sept 6, 2012 10:24:29 GMT -5
Easy. We don't have legal use here for any reason, but the neighbor boy plants a few spread out in his dad's crop fields, not concentrated enough so that they'd show up... but if he can do it, its not a difficult task... at least small scale, personal use...
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mandyms
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Post by mandyms on Sept 6, 2012 10:25:46 GMT -5
Note to self: add California as a potential retirement state
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Deleted
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Post by Deleted on Sept 6, 2012 10:36:56 GMT -5
Note to self: add California as a potential retirement state
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Rocky Mtn Saver
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Post by Rocky Mtn Saver on Sept 6, 2012 10:41:04 GMT -5
Note to self: add California as a potential retirement state LOL!!! And have the Feds knocking on your door? Sounds to me like you don't actually need to grow the stuff yourself, just hang around your neighbors long enough and you'll get your mellow on risk-free!
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midjd
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Post by midjd on Sept 6, 2012 11:06:41 GMT -5
Plain view is plain view. As long as the original search of the neighbor's property was legal - either they had permission or a warrant or could see enough from the road that they didn't need a warrant - anything they see WHILE on the neighbor's property (including other neighbors' property) is fair game. Hopefully Swamp can correct me if I'm wrong, I don't practice criminal law. Good argument for privacy fences
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swamp
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Post by swamp on Sept 6, 2012 11:15:31 GMT -5
I think NY has stricter search and seizure rules than the rest of the country.
If something is in plain view, they can go after it. If they see if from a helicopter, they need a warrant.
If they have to look over a fence to see it, they need to get a warrant.
Shasta, is your property posted? If not, do it now.
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swamp
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Post by swamp on Sept 6, 2012 11:27:31 GMT -5
Swamp...why wouldn't seeing the pot give them probably cause? If a drug dog sniffs drugs on a person at the border, it gives the cops probably cause to search that person. Or is that different? Huh? I said that if the pot is in plain view, they can search. Generally, there are a few exceptions. HOwever, Border searches are completely different than a home search. You have no expectation of privacy at a border crossing, and your privacy rights are outweighed by security interests of the US. You have an expectation of privacy in your home.
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Deleted
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Post by Deleted on Sept 6, 2012 11:29:47 GMT -5
I'm sorry, but I don't think "no trespassing" signs are the issue. If they know she has plants, they are either coming back with a warrant or they aren't coming back. Signs won't invalidate what the cops have already seen, and it would be perjury to suggest the initial wandering was in violation of non-existent signs.
Shasta, what you need to do is get a prescription or stop growing weed. Yes, I think marijuana should be legal, but it isn't. You are BREAKING THE LAW.
I'm sorry for a lot of the stresses and struggles in your life, but you aren't going to get any sympathy from me on this one. Even if it were legal, self-medicating is particularly dangerous for people with a history of mental health issues. More than anyone, you should only be using under a doctor's supervision.
I don't begrudge people needed medication. I don't begrudge people needed social services. And I don't begrudge people legal representation, because I value our justice system. But could you take a little less glee in having the taxpayers foot the bill for an attorney when you are willfully BREAKING THE LAW?
And for fuck's sake, I hope the email account you used to register at ProBoards and then ADMIT TO A CRIME isn't linked to your real identity.
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swamp
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Post by swamp on Sept 6, 2012 11:32:22 GMT -5
But to get a warrant, you have to give a written statement to the judge why you need the warrant, and if the cops admit to trespassing to get the warrant, the warrant isn't going to get issued, or the evidence is going to be suppressed at a hearing.
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