[mysterymama]

Oh, I also wanted to share this article from the wall street journal from 2010, https://online.wsj.com/articles/SB100...12382612331758
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.

[rives]

Originally Posted by mysterymama

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.

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?

[MJPassion]

"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!

[RonSmooth]

I was under the impression that an officer can enter residence/private property if there is a crime being committed in plain sight, an imminent danger or if evidence will be destroyed.

[rives]

Originally Posted by RonSmooth

I was under the impression that an officer can enter residence/private property if there is a crime being committed in plain sight, an imminent danger or if evidence will be destroyed.

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]

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 ~

[rives]

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.""

https://www.canorml.org/news/Federal_...tless_Searches

[mysterymama]

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.

[shaggyballs]

any more reports?

[MJPassion]

I wonder if CO is going to attempt these?