they showed up at a big growers place here in Tulare co....didn't take anything and gave him a week to comply....he was growing large....
-
Happy Birthday ICMag! Been 20 years since Gypsy Nirvana created the forum! We are celebrating with a 4/20 Giveaway and by launching a new Patreon tier called "420club". You can read more here.
-
Important notice: ICMag's T.O.U. has been updated. Please review it here. For your convenience, it is also available in the main forum menu, under 'Quick Links"!
warrent-less compliance checks
- Thread starter irate in shasta
- Start date
Sgtstadanko707
Member
Good luck with this. I would say read up on the law in your county, and fight back. DONT go down without a fight!
Expect more of this in the future.
You bet your ASS!
The way I see it if there is money in it then it will continue.
You bet your ASS!
The way I see it if there is money in it then it will continue.
mysterymama
New member
This happened to us too. We were told that because we didn't have a home on the property that we aren't allowed to even grow one plant. According to the 2011 ordinance you have to have a permitted structure. Not sure what your situation was. They also did not have a warrant or any paperwork to show.
JointOperation
Active member
grab cameras.. and keep it legal. .once this happens.. go after them..
fuck. if the idiots in ferguson wouldnt of rioted.. they coulda just killed the cop and his family.. and ended that shit at DAY 1
fuck. if the idiots in ferguson wouldnt of rioted.. they coulda just killed the cop and his family.. and ended that shit at DAY 1
fulltimehuman
Active member
so sorry to hear of your loss of all that hard work and energy= money. So everyone is correct to get your property back. But hey they chopped it so will have to pay the fair mkt.
value as I highly doubt they took it back to the cop shop to trim and dry. If you have the time google karl lentz. He is breaking it down stupid simple to demand why a man felt it was his right to destroy your property?We know they abuse our trust-I know its an oxymoron-but they also have dutys, and destroying property ain't one of them to be sure. So look him up, he calls it a 'restoration of property'. next level or rather foundation level legal ideas.
value as I highly doubt they took it back to the cop shop to trim and dry. If you have the time google karl lentz. He is breaking it down stupid simple to demand why a man felt it was his right to destroy your property?We know they abuse our trust-I know its an oxymoron-but they also have dutys, and destroying property ain't one of them to be sure. So look him up, he calls it a 'restoration of property'. next level or rather foundation level legal ideas.
mysterymama
New member
They passed an ordinance in 2011 in Shasta county and this is what they are using to perform warrant less searches. They say the complaint has to be in writing, but I guess we will see when we have the arraignment this month. It does seem that they did not follow proper procedure, but they won't give us any paperwork or reports until the day of the arraignment. We have a great lawyer and I will def be exploring the option to sue. They have been cutting multiple people a week in shasta county, people with under 99 plants, who are growing on their own land.
http://www.co.shasta.ca.us/docs/COB/pending/Pending_2011-05.pdf?sfvrsn=0
http://www.co.shasta.ca.us/docs/COB/pending/Pending_2011-05.pdf?sfvrsn=0
Fucking cops....
We need a few guys like that bundy dude to just post up with ar-15s and back them off for once.
Make them at least follow the rules we set for them these arrogant assholes need to be taught they are public servants not our bosses or judges.
Its our fault really...
We sit on our asses and watch things like the patriot act go thru and do nothing.... they whittle away at our freedoms and civil rights an we do nothing...
They treat us like cattle and we act about as intelligent and we do nothing...
Congess has a lower than 10% approval rating an we reelect them all.... and they do nothing...
As long as we continue to act like docile cows they will continue to treat us that way.
Give em hell mysterymama!!!!!!
Maybe check into local activist geoups to show up and be there on your arraingment day.
Hit up the Asa.
For a small memebership fee they will coodinate media aources have news people there gwt people to demonstrate and they will coordinate it all for you.
We need a few guys like that bundy dude to just post up with ar-15s and back them off for once.
Make them at least follow the rules we set for them these arrogant assholes need to be taught they are public servants not our bosses or judges.
Its our fault really...
We sit on our asses and watch things like the patriot act go thru and do nothing.... they whittle away at our freedoms and civil rights an we do nothing...
They treat us like cattle and we act about as intelligent and we do nothing...
Congess has a lower than 10% approval rating an we reelect them all.... and they do nothing...
As long as we continue to act like docile cows they will continue to treat us that way.
Give em hell mysterymama!!!!!!
Maybe check into local activist geoups to show up and be there on your arraingment day.
Hit up the Asa.
For a small memebership fee they will coodinate media aources have news people there gwt people to demonstrate and they will coordinate it all for you.
mysterymama
New member
I just can't believe at a time when herb is actually legalized in 2 states, that CA is getting so crazy. Shasta county actually enacted a ban on all outdoor, but people got enough signatures to get it on the ballot instead of it becoming active earlier this spring. Redding allows no dispensaries and now they want you to only grow indoors in a room specifically built just for herb growing and then you are still only allowed 12 plants. Who has the money to build a special room just for herb growing and then pay the electricity bills? We got our herb cut because we have no home,just 40 raw acres. I'm actually a single woman who is buying the land on my own and I can't afford to have a house built until I can pay the land off and this seriously restricts my right to medicine. Now Shasta is trying to pass a measure on top of the ban on outdoor, that allows warrant less searches anytime there is a smell of herb or a 'possibility' of herb growing. This is a police state! They pretty much crushed my dreams and all of my and my sons hard work. Now he has to face whatever they are going to throw at him, but we are not taking this laying down.
I'll look into getting some people out there to protest this, thanks for the advice StoneyK. They have actually cut a lot of people this year and i am hoping that maybe there can be some kind of retribution.
I'll look into getting some people out there to protest this, thanks for the advice StoneyK. They have actually cut a lot of people this year and i am hoping that maybe there can be some kind of retribution.
mysterymama
New member
Oh, I also wanted to share this article from the wall street journal from 2010, http://online.wsj.com/articles/SB10001424052748703648304575212382612331758
Shasta county sheriff Tom Bosenko (he is still the sheriff) is quoted as saying marijuana is not the counties top problem, but it's 'where the money is'. Because he can get hundreds of thousands of dollars from the feds for eradication, but he doesn't have to use all of the money for eradication, so he allocates it to other parts of his department also.
Shasta county sheriff Tom Bosenko (he is still the sheriff) is quoted as saying marijuana is not the counties top problem, but it's 'where the money is'. Because he can get hundreds of thousands of dollars from the feds for eradication, but he doesn't have to use all of the money for eradication, so he allocates it to other parts of his department also.
I've been following this. I don't see how it can possibly stand up to a court test - how can they selectively ignore the constitution based on a county ordinance?
MARBURY V MADDISON, US SUPREME COURT
MARBURY V MADDISON, US SUPREME COURT
"ANY LAW REPUGNANT TO THE CONSTITUTION IS VOID"
Have your attorney research this rulling then nail the pigs asses to the wall.
It is a very old case but has never been overturned.
NO STATE COURT CAN OVERRULE THE SUPREME COURT!
MARBURY V MADDISON, US SUPREME COURT
"ANY LAW REPUGNANT TO THE CONSTITUTION IS VOID"
Have your attorney research this rulling then nail the pigs asses to the wall.
It is a very old case but has never been overturned.
NO STATE COURT CAN OVERRULE THE SUPREME COURT!
I think that is the case.
However, the Shasta County Board of Supervisors wants to be able to perform searches merely on the "suspicion" that somebody might be growing - no evidence, no facts, no warrant.
And yes, it is an attempt at a police state.
mysterymama
New member
Here is an update of what happened at the arraignment. Basically we got charged with a misdemeanor for not having the proper fence that is required by the ordinance. We have over 40 acres and no neighbors, so a fence seems a little ridiculous. We have a gate and fence at the front of our property. They had no warrant, came with a swat team and a dog, pointed guns in my son's face and cut our medicine over a fence that they never told us to build so we could be in compliance. Now a misdemeanor over a fence? A correctable violation? We would have built a fence that very day if they had told us that would save our medicine. But they were concerned that we didn't have a permitted home, the cops told me and my son both that was the reason they cut our plants. Plus when my son went to court, before he even made a plea, they finger printed him like a criminal. We are checking our option to move forward with a lawsuit, they completely violated our rights, they also didn't follow the procedure set up by the ordinance, they are supposed to have a complaint from a neighbor, (we didn't have a complaint against us), they are supposed to only charge you with a misdemeanor after the third violation, and they should have just sent us a notice to build a fence instead of eradicating our garden. The whole thing is a disgusting abuse of power ~
Apparently a Federal Judge sees the 4th amendment thing like I do. More in the link.
"October 15, 2014 - Federal District Court Judge Thelton Henderson ruled yesterday that medical marijuana patients have demonstrated a strong likelihood of prevailing at trial on their claim that law enforcement raids in Lake County unconstitutionally violate their Fourth Amendment rights. The ruling stems from a lawsuit filed earlier this year in San Francisco federal court, challenging Lake County’s enforcement of Measure N, an ordinance that restricts medical marijuana cultivation in the county.
Judge Henderson ordered that, "Defendant County of Lake, its officers, agents, and employees, and any other persons acting in active concert or participation therewith, are enjoined from enforcing Ordinance No. 2997 [Measure N] through warrantless searches or summary abatement actions without consent, unless doing so is necessary to prevent immediate physical harm to persons or property, the destruction of evidence for a criminal case, or the escape of a criminal suspect.""
http://www.canorml.org/news/Federal_Judge_Grants_Injunction_Against_Warrantless_Searches
"October 15, 2014 - Federal District Court Judge Thelton Henderson ruled yesterday that medical marijuana patients have demonstrated a strong likelihood of prevailing at trial on their claim that law enforcement raids in Lake County unconstitutionally violate their Fourth Amendment rights. The ruling stems from a lawsuit filed earlier this year in San Francisco federal court, challenging Lake County’s enforcement of Measure N, an ordinance that restricts medical marijuana cultivation in the county.
Judge Henderson ordered that, "Defendant County of Lake, its officers, agents, and employees, and any other persons acting in active concert or participation therewith, are enjoined from enforcing Ordinance No. 2997 [Measure N] through warrantless searches or summary abatement actions without consent, unless doing so is necessary to prevent immediate physical harm to persons or property, the destruction of evidence for a criminal case, or the escape of a criminal suspect.""
http://www.canorml.org/news/Federal_Judge_Grants_Injunction_Against_Warrantless_Searches
mysterymama
New member
I have been reading about this case and I was so happy to see that the judge granted a temporary injunction to stop any further warrant less searches in Lake County, I believe that all of us in Shasta county also have had our constitutional rights violated. I have actually contacted the lawyer in charge of this case to see what advice he may have for us or if he would be willing to represent us. We will see what happens, if we can at least prevent them from doing this next year it would be a big win in my eyes.
any more reports?
