police responded to a loud 'fapping' noise coming from the residence; upon entering they found the largest stash of child pornography ever recovered in a single bust in Alberta, Canada.
Loud Sex Justified Warrantless Search That Led to Drug Bust, Says Court
- Thread starter DiscoBiscuit
- Start date
police responded to a loud 'fapping' noise coming from the residence; upon entering they found the largest stash of child pornography ever recovered in a single bust in Alberta, Canada.
Backwoods Bud
Member
Guess I better bust out the ball gag for the little woman.
Fuck you're telling me bro. im awaiting sentencing in april, and police have recently taken down some major opps - im worried these recent busts are going to influence the judges decision about my fate. where im living busts like these dont happen on a regular basis, so its got me biting my finger nails and smoking about 2 packs a day
I was gonna take the fap joke a step further, but then I remembered Yummy lives at home and doesn't grow weed.
It's not happening to Yummybud.
ithinkiam
Member
I would have told him to wait one moment at the door while I go get my ID. I mean, if I was in pajamas I would feel uncomfortable letting policemen in my home. I'd also feel uncomfortable letting them in my home when I KNOW that I have marijuana in my possession. "Yes, I have my ID. I'll be right back." *shuts door before cops have time to respond*
I think 10 years is a bit too much. O_O I find it strange that a "controlled dangerous substance" is also being prescribed as medication. And in the same state. Wtf.
I think 10 years is a bit too much. O_O I find it strange that a "controlled dangerous substance" is also being prescribed as medication. And in the same state. Wtf.
She was probably faking it...
next time this particular opportunity arises, try 'CALL ME UNCLE DADDY'
no reason you should be the only one either skeeved or laughing your ass off.
1984
il make sure to tell the bitch to bite the pillow and stfu so i dont get rolled on hahah...
Hot sex will get you busted!!!
Hot sex will get you busted!!!
Just ask this dude!
http://rawstory.com/2010/03/loud-sex-cops-search-home/
(Also note that 15 plants will get you 10 years in New Jersey!)
Hot sex will get you busted!!!
Just ask this dude!
http://rawstory.com/2010/03/loud-sex-cops-search-home/
(Also note that 15 plants will get you 10 years in New Jersey!)
Loud sex enough for cops to search your home, court rules
Loud sex enough for cops to search your home, court rules
For Brian McGacken of Farmingdale, New Jersey, an evening of loud sex resulted in a 10-year prison sentence for growing marijuana.
On Feb. 17, 2007, New Jersey state troopers arrived at McGacken's home, responding to an anonymous 911 call complaining of screams coming from McGacken's home. McGacken explained the noise was a bout of loud sex; his girlfriend appeared at the front door and corroborated his claim.
But officers searched his home anyway, and found enough marijuana -- including potted plants -- to put him away for 10 years on charges of producing a controlled substance.
Appealing the conviction, McGacken argued that, once police knew the noise was consensual sex, they no longer had reason to search his home.
But the appellate panel at the Superior Court of New Jersey disagreed. On Monday, they dismissed McGacken's appeal, stating that "the potential for harm was too severe for the police to accept an explanation for loud screaming that could have been a cover-up of its true source."
The ruling stated in part:
The police are not required to accept the explanation that a person answering the door gives for a distress call. While loud sex may have been a plausible source of screaming, that explanation was not so reliable that the police acted unreasonably in investigating further....
Moreover, by first questioning defendant and his girlfriend, the troopers discounted the possibility that someone may have made a false report of screaming. Defendant did not deny that screaming had occurred in his residence. His admission made it unnecessary for the police to seek corroboration to establish the reliability of the anonymous 911 call.
"The screaming, confirmed by the police to have occurred, gave [the police] an objectively reasonable basis to believe that a limited investigation was necessary to determine whether anyone else was in the home and in need of aid," explains the NJ Family Issues blog. "While loud sex may have been a plausible source of screaming, that explanation was not so reliable that the police acted unreasonably in investigating further."
Law.com reports that McGacken initially took few steps to prevent the police from entering his home. When he was asked for identification, he went upstairs to retrieve it and "did not object when a trooper followed him."
On the second floor, the trooper smelled raw marijuana and saw McGacken use his foot to push a tray under a couch. Asked what was on the tray, McGacken admitted it was marijuana. In the bedroom, the trooper saw bagged and loose marijuana as well as growing plants. Arrested, McGacken consented to a search of his home, resulting in the seizure of 12.5 ounces of loose and bagged marijuana, 15 plants and marijuana-related equipment and paraphernalia.
McGacken is serving a 10-year sentence with no possibility of parole for 39 months.
Source: http://rawstory.com/2010/03/loud-sex-cops-search-home/
Loud sex enough for cops to search your home, court rules
For Brian McGacken of Farmingdale, New Jersey, an evening of loud sex resulted in a 10-year prison sentence for growing marijuana.
On Feb. 17, 2007, New Jersey state troopers arrived at McGacken's home, responding to an anonymous 911 call complaining of screams coming from McGacken's home. McGacken explained the noise was a bout of loud sex; his girlfriend appeared at the front door and corroborated his claim.
But officers searched his home anyway, and found enough marijuana -- including potted plants -- to put him away for 10 years on charges of producing a controlled substance.
Appealing the conviction, McGacken argued that, once police knew the noise was consensual sex, they no longer had reason to search his home.
But the appellate panel at the Superior Court of New Jersey disagreed. On Monday, they dismissed McGacken's appeal, stating that "the potential for harm was too severe for the police to accept an explanation for loud screaming that could have been a cover-up of its true source."
The ruling stated in part:
The police are not required to accept the explanation that a person answering the door gives for a distress call. While loud sex may have been a plausible source of screaming, that explanation was not so reliable that the police acted unreasonably in investigating further....
Moreover, by first questioning defendant and his girlfriend, the troopers discounted the possibility that someone may have made a false report of screaming. Defendant did not deny that screaming had occurred in his residence. His admission made it unnecessary for the police to seek corroboration to establish the reliability of the anonymous 911 call.
"The screaming, confirmed by the police to have occurred, gave [the police] an objectively reasonable basis to believe that a limited investigation was necessary to determine whether anyone else was in the home and in need of aid," explains the NJ Family Issues blog. "While loud sex may have been a plausible source of screaming, that explanation was not so reliable that the police acted unreasonably in investigating further."
Law.com reports that McGacken initially took few steps to prevent the police from entering his home. When he was asked for identification, he went upstairs to retrieve it and "did not object when a trooper followed him."
On the second floor, the trooper smelled raw marijuana and saw McGacken use his foot to push a tray under a couch. Asked what was on the tray, McGacken admitted it was marijuana. In the bedroom, the trooper saw bagged and loose marijuana as well as growing plants. Arrested, McGacken consented to a search of his home, resulting in the seizure of 12.5 ounces of loose and bagged marijuana, 15 plants and marijuana-related equipment and paraphernalia.
McGacken is serving a 10-year sentence with no possibility of parole for 39 months.
Source: http://rawstory.com/2010/03/loud-sex-cops-search-home/
Last edited by a moderator:
EstimatedProph
Member
Ought right violation of 4th Amendment rights under the United State constitution. If they didn't come to your house with a search warrant for the sole purpose of investigation a possible drug trafficking operation then this testimony in a trial with a jury of your peers will be thrown out. If the DA even decides to pursue charges due to the fact that this type of search and seizure was unfounded based on any evidence it will be inadmissible in trial and there goes their case.
By the Way: i am a law school student at the University of Denver Sturm College of Law (first environmental law school in the USA) so if anyone else needs legal advice before they talk to their attorney please PM me and I will try to help as much as possible.
By the Way: i am a law school student at the University of Denver Sturm College of Law (first environmental law school in the USA) so if anyone else needs legal advice before they talk to their attorney please PM me and I will try to help as much as possible.
daaaamn. maybe next time dont let the cop in your house and keep her head in the pillows. thats alot of time for a HP and a few plants....
10 years for 12.5 ozs wow man thats just outrageous i hope he will get paroled A LOT earlier than that.......i know a man that was drinking and driving hit and killed 2 teenagers, he got 8 1/2 years.
flyer
Member
