there was recently a case in my county, where a man was raided for marijuana cultivation. in the search warrant, it said that the probable cause was that a helicopter flew over and saw greenhouses from the sky. that was enough to get the warrant apparently, but from what I've heard from some lawyers, having a greenhouse or greenhouses alone is not enough evidence for a legit search warrant.
is there anybody who can shed light on this? I'm very curious as to if the local pigs can get a search warrant on my property just because i have a couple of hoop houses in the backyard.
from the legal consultation I've already had, the only real solid ways to get search warrants for medical marijuana grows in northern california is through 1) snitches or complainants, aka victims of crime 2) traffic stops where solid evidence of drug sales is found and linked back to a residence 3) actual visual of marijuana plants from the air, not covered by a greenhouse
i am scheduling some meetings this week with lawyers to get their insight, but hoping to hear from people on here. anybody get raided and have their search warrant mention visual of greenhouses??
Probable cause for a search warrant is usually set forth in a sworn affidavit by a law enforcement officer to a judge. The affidavit must provide a substantial basis from which a magistrate can reasonably conclude there is a fair probability that the place to be searched contains contraband or evidence of a crime. (Illinois v. Gates (1983) 462 U.S. 213, 238.) In order to pass constitutional muster, a search warrant affidavit must contain facts that establish a sufficient nexus between criminal activity and the place to be searched. (People v. Hernandez (1994) 30 Cal.App.4th 919; U.S. v. Lebron 729 F.2d 533; U.S. v. Savoca 739 F.2d 220; U.S. v. Freeman 685 F 2d 942; U.S. v. Lucarz 430 F2d 1051; U.S. v. Hendricks 743 F2d 653; U.S. v. Hove (9th Cir. 1988) 848 F.2d 137.)
is there anybody who can shed light on this? I'm very curious as to if the local pigs can get a search warrant on my property just because i have a couple of hoop houses in the backyard.
from the legal consultation I've already had, the only real solid ways to get search warrants for medical marijuana grows in northern california is through 1) snitches or complainants, aka victims of crime 2) traffic stops where solid evidence of drug sales is found and linked back to a residence 3) actual visual of marijuana plants from the air, not covered by a greenhouse
i am scheduling some meetings this week with lawyers to get their insight, but hoping to hear from people on here. anybody get raided and have their search warrant mention visual of greenhouses??
Probable cause for a search warrant is usually set forth in a sworn affidavit by a law enforcement officer to a judge. The affidavit must provide a substantial basis from which a magistrate can reasonably conclude there is a fair probability that the place to be searched contains contraband or evidence of a crime. (Illinois v. Gates (1983) 462 U.S. 213, 238.) In order to pass constitutional muster, a search warrant affidavit must contain facts that establish a sufficient nexus between criminal activity and the place to be searched. (People v. Hernandez (1994) 30 Cal.App.4th 919; U.S. v. Lebron 729 F.2d 533; U.S. v. Savoca 739 F.2d 220; U.S. v. Freeman 685 F 2d 942; U.S. v. Lucarz 430 F2d 1051; U.S. v. Hendricks 743 F2d 653; U.S. v. Hove (9th Cir. 1988) 848 F.2d 137.)
