[RingoStar]

A buddy of mine was recently busted at his house and charged with possession (Loud party.) He was growing a small MJ plant that he tried flushing when the cops arrived. They found some leaf matter and a stem, bagged it up and called it possession (a minor misdemeanor here in this state, just pay the ticket, same as littering) The cops were local, no drug enforcement agency was involved. He was getting ready to go a bit bigger, had a couple rubbermaid tubs, a 1000 watt hps, some venting equipment. When the cops came he scattered everything, put clothes in the buckets etc. Not sure if they thought this was going to be/or was a serious grow. They did not confiscate any of the eq. (boggling)

He is moving out of his apartment, and another buddy is moving in. It's been a few weeks since he got the ticket, he's already done and paid it. Question is this, Can the cops come back and hit him with cultivation or manufacturing chargers even after everything has been done? And also, I guess they didn't seem to interested in the grow, it seemed as they had the wrong apartment & were after something in particular. After they left, they didn't leave the apartment complex and were looking at other buildings & apartments looking for someone/something. (Serving a warrant possibily?) Could they use the previous bust as probable cause to come back with a search warrant a couple months down the road and screw over my other friend?
How does the US law work in that regards?

[Texassativa]

Using Texas law as a guildline...


They were able to snagged the plants because of the rule "evidence in plain veiw". If they have a right to be there, and it's in plain veiw...it's theirs.

(b) A peace officer may arrest an offender without a warrant
for any offense committed in his presence or within his view.


"Can the cops come back and hit him with cultivation or manufacturing chargers even after everything has been done? "

The answer is NO. While it's not double jeopardy. Police have to have probable cause to have grounds for a search warrant. If they do not have a warrent, DO NOT LET THE FUCKERS IN! If they really want in, they will have their ducks in a row. Meaning a nasty warrent, in hand, at the time of contact. If they don't have a SW, It takes time to get a SW. Use this time to get rid of the growing op. When another officer shows up with the SW, allow them in. As long as you hide the stuff, you should be good. They use waht is called, "An elephant in a matchbox". Meaning, if something in the warrent can't be hid in a space where it don't fit, you can't look in spaces that are too small to contain the item in question. It relates to unreasonble search and seizure. EX: warrent for a rifle. It will not fit in a kichen drawer, so they can't look in a small kitchen drawer. Courts hate this shit, it gets alot of people off charges.



To understand and undermind the law, here's some info.:

(22) "Element of offense" means:
(A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.<medical users in some state can use this to get off, if the law has a provision as such.

This clears you friend, if he acts straight

§ 6.02. REQUIREMENT OF CULPABILITY. (a) Except as
provided in Subsection (b), a person does not commit an offense
unless he intentionally, knowingly, recklessly, or with criminal
negligence engages in conduct as the definition of the offense
requires.


The two things needed for the police to snoop around are;

#1. "Reasonable belief" means a belief that would be
held by an ordinary and prudent man in the same circumstances as the
actor. ex: smelling what he thinks is weed smoke.

#2. "probable cause", "a reasonable belief that a crime has been committed" and that the person is linked to the crime with the same degree of certainty.
EX: seeing him grow, smoke, handle something related to breaking the law.

Here's more to ease you friend's mind;

(b) No search warrant shall issue for any purpose in this
state unless sufficient facts are first presented to satisfy the
issuing magistrate that probable[0] cause[0] does in fact exist for its
issuance. A sworn affidavit setting forth substantial facts
establishing probable[0] cause[0] shall be filed in every instance in
which a search warrant is requested. The affidavit is public
information if executed, and the magistrate's clerk shall make a
copy of the affidavit available for public inspection in the
clerk's office during normal business hours.

[RingoStar]

I think the most important thing is my buddys concern that, they'll come barging down the door with a search warrant because of probable cause. Probable cause in regards to the fact that "We found weed growing there a couple months ago and think he's growing again".

They can't do this, is what you're saying? (Without sufficent evidence to prove that he started again) ?

[Texassativa]

Originally Posted by RingoStar

I think the most important thing is my buddys concern that, they'll come barging down the door with a search warrant because of probable cause. Probable cause in regards to the fact that "We found weed growing there a couple months ago and think he's growing again".

They can't do this, is what you're saying? (Without sufficent evidence to prove that he started again) ?

"We found weed growing there a couple months ago and think he's growing again".

NO:

They have to regain evidence. There has been a change to the house hold owner. It's a totally different person. Your evidence ani't his and has to be proven his. This starts the whole process of gathering evidence again. They can't charge him with your crime.

YES:

"They can't do this, is what you're saying? (Without sufficent evidence to prove that he started again"

[RingoStar]

The thing is, neither of the 2 are on the lease. They don't know there was a change in house hold owner (it's an apartment.)

[Texassativa]

Originally Posted by RingoStar

The thing is, neither of the 2 are on the lease. They don't know there was a change in house hold owner (it's an apartment.)

He has care, control, and custody of the house.

Someones name on a lease, just shows who signed it. It don't prove anyone stays there.

[BruceLeeroy]

it's a safe bet that if NOTHING else, the cops are going to be watching that location and your friends like hawks.

[BudGood2006]

Growing there again by anyone who knows about that little incident would be a *stupid* move. Period.

[Texassativa]

Originally Posted by BudGood2006

Growing there again by anyone who knows about that little incident would be a *stupid* move. Period.

That is what makes it the perfect place. I would rather know, I was being watched, then getting relaxed thinking I wasn't. Police heat will really push a person to be more careful. If you can grow right under the nose of police, you can grow anywhere, anyhow, anyway. The best growers know how to CYA. If you get busted...it's you own damn fault. Period.

[BudGood2006]

I'm paranoid, so I think I'm being watched regardless... And yes, it DOES keep me on my toes. Better paranoid and free, rather than apathetic and in jail, in my view.