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outdoor bust leading to indoor search

fetanylking

Member
my ques is if you get busted growing marijuana on your property do the cops then have the right immediately to search your house what i mean is if police stumble upon or neighbors turn you in and cops find plants not with warrant can they come in and look arond {every room} to possibly find indoor room even if well concealed ,not in plain sight
 

PNW_grown

Active member
Veteran
unfortunately, i think that if you are caught growing mj on your property, and i guess it varies, you can get your property, and vehicles taken away. If that doesnt happen, i am sure they have the right to search your place for other stuff, saw it on cops once... well hope you arent in any trouble ;) peace
 
G

guest123

if you get busted off your property they will have cause to search your property aswell , best not to be busted at all ...
 

piney1520

Member
outside inside

outside inside

My understanding is that if LEO finds marijuana being cultivated on your property the courts generally uphold the "reasonable asumption" that that more evidence can be found inside and grant the respective warrants.U.S vs Weiss 1991 I think.
 

I.M. Boggled

Certified Bloomin' Idiot
Veteran
"if you get busted growing marijuana on your property..."

"if you get busted growing marijuana on your property..."

In the U.S., they would definitely have "Probable Cause" at that point in time and would have no problem getting a Search warrant to search the dwelling for further "fruits of the crime".
:(

"Your Rights"
(Taken from the National Organization To Reform Marijuana Laws website)

The following information is intended as a brief summation of your constitutional rights and is meant to offer helpful hints at how to effectively assert and protect those rights within the context of a police encounter. Of course, this information is no substitute for consultation with an experienced attorney.

The Fourth Amendment to the Bill of Rights of the United States Constitution states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fifth Amendment reads, in part, "No person shall be... compelled in any criminal case to be a witness against himself, nor be deprived of Freedom Cardlife, liberty, or property, without due process of law...." These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices. If an officer violates your rights then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed.

1. Don't Leave Contraband in Plain View
Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A "roach" in the ashtray, a pipe or baggie on the coffee table, or a joint being smoked in public are common mistakes which all too-frequently lead to arrests.

2. Never Consent
Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks for your permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If you do consent, you waive your constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest you.

If you do not consent to a search, the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you.

An officer can obtain a search warrant only from a judge or magistrate and only upon a showing of "probable cause." Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search.

There are exceptions to the search warrant requirement which permit an officer to search an area without a warrant or consent under certain circumstances. The important thing for you to remember is never to consent to a search or talk with an officer if you want to preserve your rights.

If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond:

"I do not consent to a search of my [person, baggage, purse, luggage, vehicle, house, blood, etc.] I do not consent to this contact and do not want to answer any questions. If I am not under arrest, I would like to go now (or be left alone)."

3. Don't Answer Questions Without Your Attorney Present
Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised.

4. Determining if You Can Leave
You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, "Am I under arrest or otherwise detained?" If the answer is, "No," you may leave.

An officer can temporarily detain you without arresting you if he has "reasonable suspicion" that you are involved in criminal activity. An officer must be able at a later time to articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point that you were detained. Also, the officer may perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon.

When an officer attempts to contact or question you, you should politely say:

"I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)."

If arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible.

5. Do Not Be Hostile; Do Not Physically Resist
There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should reassert your rights as outlined above in section 2.

6. Informing on Others
The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining one's own conscience.

Finally, consider downloading and carrying NORML's Freedom Card -- a quick reference guide to your rights and obligations when you are stopped by the police.

N.O.R.M.L. Your Rights With Link to Printable "Freedom Card"
http://www.norml.org/index.cfm?Group_ID=3408

That being said...;)
Cannabis Plants in the Vegetable Garden concealment methods thread
 
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G

Guest

I was pulled over several years ago. Sharp fuckin cop caught the scent of MJ somehow, it had been over 1/2 an hour and 40 miles of open window driving since I smoked a bowl. I try to be smart and carry only minimal amounts on me, so I had a couple of really nice looking buds about the size of your thumb with me and that's it. Gave em up right away and consented to a search of the vehicle. No problem since I had nothing else. Well, cop gets back to me in the cruiser and opens my stash box and dumps the bud out. "Holy Shit", he says, "look at that stuff! That is some of the finest bud I have ever seen, you must be growing this yourself"

I'm suprised he didn't smell the feces in my undies after that comment, but I played it cool, pretending that it was the best I ever scored from my dealer and how I couldnt believe I got busted with it. I denied growing with a dismissive wave, "gimmie a fuckin break, dont be ridiculous" He brought it up twice more over the next several hours, even suggesting geting the multi county task force involved at my home. God damn I was scared, but I called his bluff, simply because I had a gram and a half. I trusted no major op would be launched for that pissant amount. I suppose I was correct since I am still here.

Still, that one was too close for comfort.

111IMG000161-med.JPG
 
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BuzzBob

aka Buzz'dBob
Veteran
First, let me preface this by saying that {Knock on wood}, I've never been through any of these hassles...

Cap: Since I started my first grow a couple of months ago, I've done a LOT of reading... Based on that, I do not believe a "claim" of smelling MJ is sufficient "probable cause." There are too many things which can smell like ganja, and each person's olfactory senses vary... That cop probably never would've been able to obtain a warrant to search on that basis, had you refused him.


IMB -- Opinion Question: In what you posted, it states, "an officer may only reach into your pockets if he pats something that feels like a weapon" -- So... In all these Cops Shows, where they empty out peoples' pockets on the hood of their cruiser for the camera, is that deemed an Illegal Search? Since, in most instances as I recall, usually there is nothing that could possibly be misconstrued as a weapon of any sort...

Just curious....
 

fetanylking

Member
buzzbob- i see that 2 but i think thats after they are under arrest or have consented but next time its on i will pay more attention
 
G

Guest

Bob, the smell was there. I caught a whiff of it too. That was the last time I ever smoked a joint in the car. That is one real stupid thing to do, a joy from my childhood that I never shook off until that incident
 

chuckyoufarley

Well-known member
Veteran
yep no smoking in the car especialy if you have cloth seats the smell just sticks right in the seats for hrs just my 2 cent
peace chucky
 
G

Guest

lol, I said I smoked a bowl and a joint in the same incident. I only smoke bowls now, but that was a joint that day. Scuse the correction.
 

Harry Gypsna

Dirty hippy Bastard
Veteran
U may remmeber me posting up a thread in the tokers den entitled Fuckin cops. About when i got pulled andgiven the street caution and wasting all that time over a spliff's worth.
Well, I was shitting a brick in the back of that car while they were radioing my details, ~I had a few nice big fresh fan leaves folded up,in an envelope in my coat pocket too( i hadnt been searched coz I gave up the weed before he even tried, he asked if i had owt, so i gave it up-u dont have the right to refuse a search over here) anyway, One of them asked me if i had anything else on me, and i just shook my head and went naa, with a miserable look on my face, and he believed, me( the miserable look was to male him think I was miserable bout losing that tiny bit, when in reality i had I nice sac at home, and didnt wanna be nicked wi those fans in ma pocket coz once u are under arrest here, they can search ur home, without a warrant!!! :mad: )
I was crapping it though, when he asked me if I hasd anything else, he didnt notice though.
 

relic2779

Member
Carefull, if you have a large outdoor grow, not only will they search the inside, they will SIEZE the property and it will become theirs.
 
In the United States...

In the United States...

If they find a bunch of pot on your property, chances are they are going to get a warrant to search your house. This may take some time, however. It might buy you a few hours at least. A warrant has to specifically name the places to be searched and items being sought.

Unless they have a warrant to search your house at the time they confiscate the plants in your yard, you do not have to consent to allow them to search your house.

Remember, never, ever, ever speak to the police or law enforcement except to be polite, answer your name "yes sir, no sir" and so on, but go no further.

Let me repeat that: NEVER, EVER, EVER SPEAK TO THE POLICE OR LAW ENFORCEMENT except to be polite, answer your name "yes sir, no sir" and so on, but go no further.

They DO NOT have the right to question you unless 1. you consent or 2. they arrest or detain you. If they arrest or detain you, you have the right to legal counsel before you answer _any_ questions. ASK FOR YOUR ATTORNEY! It is free if you can't afford one. Nothing you can say will lesson their intent at busting you, MANY things you say can make things much worse on you. Your attorney will be much happier with you if you do not volunteer information to the police.

If a cop asks "Can I ask you a couple of questions?" and you say "yes." then you have consented to talk. Your proper answer is to ask the question "Am I being detained?" They will never answer this question the first time and will always ask a second question such as "Do you need to be detained?" Always ask again "Am I being detained?" If not, end the conversation immediately.

Again, if you are detained or arrested, they will tell you. REMEMBER: be POLITE! Cops carry guns and billy clubs for a reason. Aside from that, getting on their good side can be the difference between eating dinner your first night in jail or being ignored. Also, a cops testimony toward your attitude and cooperation, or lack thereof can go a long way in court.

INSIST on speaking to your attorney before you answer ANY questions. It is not illegal and does not implicate you or make you look guilty and cannot be held against you in court. It's a fundamental right, use it!

Once in court, dress well, act respectfully, address the court as "Your Honor" and toe the line! Judges are appointed, political positions and demand respect for themselves and their courtrooms. Many of them are arrogant and will make assumptions about your respect or lack of respect for them and their courtroom proceedings if you don't follow these simple hints. You won't gain anything in the eyes of a judge by looking laid back or showing a bad attitude. Abbie Hofmann was funny in court but it didn't buy him any favors when sentencing time came around.

Stay safe.
 
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