Leaving the premises after a knock and talk?

[Mr.Botanical]

I have been wondering about this for a long time now. Suppose our friends in uniform do a knock and talk and ask to come in. You know you have a little grow going on, and naturally, you tell them to get a warrant.

Can you then grab your plants, wrap them in whatever is need to COMPLETELY mask the scent, toss them in a garbage bag, and leave the premises?

Can they force you to stay untill the warrant arrives? Must you even be present for the search when the warrant does come?

 

[yamaha_1fan]

Technically I dont think they could hold you or detain you. But I bet they would find a way to pull you over for a traffic violation and get what they wanted.

I think the best course of action is to make a plan on how to get rid of everything. Fireplace, disposal, down the toilet, eat it, I dont know but someway of getting rid of your plants. I believe if you were to burn the plants, even if they could smell it, it still would not allow them them to come in. Maybe based on destroying evidence but that would be their only justification, if that was valid.

I had a search warrant executed and I was around the corner when they searched. BTW I was leaving the scene, pulled over, and detained for 4 hours while they got a warrant, the whole time screaming about my attorney, was I under arrest, what for etc. Damn near kicked out a window. My attorney assured me what they did was illegal but WTF was I going to do? Sue over being illegally being detained for 4 hours?

 

[Mr.Botanical]

Yeah, I was thinking that as well. That being them finding some reason to pull you over.

 

[DIGITALHIPPY]

i think the answer depends on what you tell them, what they ask, how long they ask, and what there real motives were. if there trying to pin you, theyll find a way, if they can. if there following up on a call and cant find anyone to talk to you might work.

 

[EasyBakeIndica]

Depends on the situation. They can detain you while they wait for a search warrant to arrive if they're pretty confident they'll find something.

If they're at that location on suspicion of Marijuana cultivation, I would avoid answering the door. Make them kick it in or go get a warrant. Either way, you'd have more leverage when the legal stuff gets started.

In my area, they don't conduct 'knock and talk' operation with uniformed officers. Generally, it's a couple of guys in plain clothing (business dress: dark polo, khakis, sunglasses and holster belt with radio). They ask the questions and secure the address.

If it's a uniformed officer or a sheriff at your door, then they could be there for a noise complaint or a call-in (911). If it's early in the day, they could also be serving a warrant/subpoena. So, always know the legal status of anybody living in the house and don't do anything to get the police called on yourself.

 

[la resistance]

an intercom is a great way to avoid having to answer the door for them.

as far as leaving, i wouldn't, especially not with anything illegal. destroy it inside the house if necessary, whether that be down the toilet or in the barbecue/fireplace

 

[Guest423]

first thing you have to realize is if they are at your house doing a knock and talk is because they don't have shit on you....they more then likely recieved tips from narks or calls to the tip line....if they could get a warrant they'd just come with a warrant...they do the knock and talk to try and trick you into thinking your busted but if you just let them in they can work something out with you....they'll try to trick you into thinking your in more trouble if they have to go get a warrant....but if you just let them in without causing a scene and working with them you'll get in less trouble.

never let them in no matter what they tell ya....just say your not really scared about anything they'd find you just don't want anyone going through all your shit...who would?

they need evidence to get a warrant...they can't just go get one because of a tip because it could just be a hater giving the tip....they come to trick.

the next thing they do after you tell them to get lost is they go down the street and hide out to see if you leave with anything you don't want them to know about....cause the whole time during the knock and talk they'll say "so are you gonna make us go get a warrant and come back or are you gonna work with us to make it easier on yourself"...they want to make you think they are coming back so you try to leave and get rid of your shit.

the last step they'll try to get the warrant is check through your garbage...anything they find in their drug related will more then likely get them a warrant along with the tip...so if you don't already keep your garbage clean at all times i would make that a new habit.....no stems, leaves, buds, seeds, resin on a toothpic....nadda

but if they do knock and talk i'd still get rid of everything as fast as you can just in case...u never know what they could lie about to try getting a warrant if they are sure they'll find something..." the guy was real nervous and we smelled alot of weed coming from his house and he was under the influence"..u just don't know what they might say.

so if it happened i'd just flush everything you had and take the loss...better to lose it then lose it and get in trouble.

 

[yamaha_1fan]

first thing you have to realize is if they are at your house doing a knock and talk is because they don't have shit on you....they more then likely recieved tips from narks or calls to the tip line....if they could get a warrant they'd just come with a warrant...they do the knock and talk to try and trick you into thinking your busted but if you just let them in they can work something out with you....they'll try to trick you into thinking your in more trouble if they have to go get a warrant....but if you just let them in without causing a scene and working with them you'll get in less trouble.

never let them in no matter what they tell ya....just say your not really scared about anything they'd find you just don't want anyone going through all your shit...who would?

they need evidence to get a warrant...they can't just go get one because of a tip because it could just be a hater giving the tip....they come to trick.

the next thing they do after you tell them to get lost is they go down the street and hide out to see if you leave with anything you don't want them to know about....cause the whole time during the knock and talk they'll say "so are you gonna make us go get a warrant and come back or are you gonna work with us to make it easier on yourself"...they want to make you think they are coming back so you try to leave and get rid of your shit.

the last step they'll try to get the warrant is check through your garbage...anything they find in their drug related will more then likely get them a warrant along with the tip...so if you don't already keep your garbage clean at all times i would make that a new habit.....no stems, leaves, buds, seeds, resin on a toothpic....nadda

but if they do knock and talk i'd still get rid of everything as fast as you can just in case...u never know what they could lie about to try getting a warrant if they are sure they'll find something..." the guy was real nervous and we smelled alot of weed coming from his house and he was under the influence"..u just don't know what they might say.

so if it happened i'd just flush everything you had and take the loss...better to lose it then lose it and get in trouble.

I couldnt have said it better myself

Does anyone think if they had enough to get a warrant to begin with, they wouldnt do that and skip the whole knock and talk? They write up an affidavit, couple pages long, get the judge to sign it and now they have are on solid ground. Performing a knock and talk is shaky as you can argue what happened, etc. A knock and talk is a desperate move by LEO, dont fall for it.

 

[Mr.Botanical]

That's quite true, isn't it? I live in an area in the world where most people don't have to worry too much about the fuzz. So I'm glad others with more legal enlightenment could share their ideas with me, and others I'm sure.

 

[theredkitten]

You folks need to understand what "curtilage" means and your protections under the Constitution (if in the US). The last thing you want to do is leave your home after a knock and talk with goodies. You are giving up the one protection you have.

Another reason they "knock and talk" is so that they can make observations. They may observe several plant pots, fertilizer, an mj poster, anything that they can use to provide grounds for a warrant. Even "smell" on premises.

A friend of mine had a knock and talk one time because the police thought that his kid was harboring a runaway at the house. (his kids friend hanging out there without the parents consent) The police got a warrant after the knock and talk because they observed a "coat belonging to a female" hanging in the hallway. It was my friends wifes coat. They got the warrant, came back, searched the place and found nothing, just like my friend had told them. I'm still amazed they got a warrant by stating a females coat was hanging in the hallway.

Point is, if they knock, consider not talking or step into your doorway and have everything in the background concealed...and make sure you do not step beyond your doorway..that brings up other issues.

 

[British_Bulldog]

Mr.Botanical: Suppose our friends in uniform do a knock and talk and ask to come in. You know you have a little grow going on, and naturally, you tell them to get a warrant

Ok firstly, never tell them to go and get a warrant, as this is asking for trouble.

If they ask to come in, which they probably will, say "it's not possible at the moment, because...." and have a good excuse - remember, all good lies are strongly based on the truth.

This excuse can be absolutely anything, but it's better if it's a personal/'embarrassing' reason.

Can they force you to stay untill the warrant arrives?

No but cops could wait outside while others get a warrant to search.

Can you then grab your plants, wrap them in whatever is need to COMPLETELY mask the scent, toss them in a garbage bag, and leave the premises?

If there are no obvious cops waiting outside, i.e. in uniform or in a marked police car, go out for a walk around the block, check all cars/vehicles and see if you're under surveillance.

If the coast is clear, get rid of everything incriminating as fast and efficently as possible.

Must you even be present for the search when the warrant does come?

No, they can of course raid the property when you're not there, but they prefer you to be there so they can get an arrest & they may ask neighbours to inform on you about when you get home.


Peace

 

[Ajunta Pall]

If you were a victim of a knock and talk, taking hasty action like trying to get rid of everything may be playing into the police's hands. They, in their piggy like ways, are telling you that they know what you're up to. And if you act real nervous you can be sure that they'll be putting you under intense scrutiny. Knowing that as soon as they are gone you will panic and do something stupid. Obviously you will have to move your op, but it would be best to get rid of all evidence at night or during shift change. If you take a walk around your block to check everything out before you ditch your plants, just try not to make it obvious to the people your trying to avoid what you are doing. Again, it suspicous behavior that will only get you watched further.

Yamaha, you may not have been "illegally detained" as you put it, because your state may have a law about how long the police can detain you before issuing charges or turning you loose. Where I live you can be held for 23 hours before the pigs have to do one of the above options. You may not even be under arrest while you're being detained. Just keep your mouth shut or keep asking for your attorney.