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 fushock
re-un-colorblinded
Registered: 10/14/07
Posts: 346
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 neighbors and drug talk
#8157855 - 03/17/08 03:23 PM (5 months, 18 days ago) |
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Lets say a neighbor in an apartment building heard some drug talk through the walls. Then they reported that to the police. Would that be enough to get a search warrant?
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 Sage.Phish
Guerrilla Farmer
Registered: 02/17/08
Posts: 350
Loc: City 17
Last seen: 8 minutes, 46 seconds
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Re: neighbors and drug talk [Re: fushock]
#8157874 - 03/17/08 03:29 PM (5 months, 18 days ago) |
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probably, it depends what you were talking about.
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ToiletDuk
I eat babies!
Registered: 05/16/03
Posts: 36,122
Loc: EarthFarm 1
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Re: neighbors and drug talk [Re: fushock]
#8157886 - 03/17/08 03:31 PM (5 months, 18 days ago) |
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Initially, no, but that won't stop the cops from doing a "knock and talk" on you. Make sure your stuff is hidden well if it ever comes to that.
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johnm214
Registered: 05/31/07
Posts: 6,010
Loc: Americas
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Re: neighbors and drug talk [Re: fushock]
#8157934 - 03/17/08 03:45 PM (5 months, 18 days ago) |
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Quote:
fushock said:
Lets say a neighbor in an apartment building heard some drug talk through the walls. Then they reported that to the police. Would that be enough to get a search warrant?
toiletdunk or whoever is probably right for all practical purposes, but its important to remember their is no bright line rule against this at the federal level, and probably all states
the problem is their needs to be an indicia of reliability w/ respect to the report of the neighbors. If the cop personally knew them, or had recieved trustworthy reports from them in the past, it could be enough to get a warrant. You might not even ever know it was the neighbor's who rated on you if they don't tell you... justice isn't always transparent
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 just me
Friend
Registered: 07/01/07
Posts: 3,689
Loc: MO/FL/TX/HI
Last seen: 11 hours, 13 minutes
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Re: neighbors and drug talk [Re: ToiletDuk]
#8157944 - 03/17/08 03:49 PM (5 months, 18 days ago) |
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did your neighbors hear you talking about drugs? and if so, howd you find out they heard you?
it might be enough to constitute a warrant if they heard talk about sale and distribution. but really, freedom of speech is our constitutional right. i could walk up to a cop and tell him "i love marijuana" and he couldnt do anything other than waste his time trying to get a warrant. and even then he might not be able to because there no credible evidence. the same as they cant just use infared tech on any house they want to see if anyones growing. they have to have reasonable doubt.
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make sure you stop by www.growery.com
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-pEaCeLoVeGoDbLeSs-
"The Downfall of Mankind; is Believing He Has Limitations."
"Dont tell me this town aint got no heart....when i can HEAR it BEAT out loud!" - love is shakin on shakedown street
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johnm214
Registered: 05/31/07
Posts: 6,010
Loc: Americas
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Re: neighbors and drug talk [Re: just me]
#8157988 - 03/17/08 04:00 PM (5 months, 18 days ago) |
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If the accuser is relible, this could be enough for a warrant.... would it ever happen? I doubt it.
Freedom of speech is indeed a right. When you tell the cop "I love marijuana" you've not commited a crime, and your speech doesn't implicate you. When you tell the police "I have drugs" you've told him you're probably breaking the law and could be arrested. You won't be arrested for speaking, you'll be arrested on suspicioun of having drugs, hence no first amendment violation
And reasonable doubt has nothing to do w/ warrant or arrest
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fushock
re-un-colorblinded
Registered: 10/14/07
Posts: 346
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Re: neighbors and drug talk [Re: just me]
#8157999 - 03/17/08 04:04 PM (5 months, 18 days ago) |
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This isn't about me. I've never done a single drug in my entire life. This is about a friend of a friend who is just paranoid because a friend of a friend and his friend where in an animated discussion about the benefits and drawbacks of acid versus mushrooms versus mescaline. I think he is just being paranoid.
He is loosing it, if you ask me. He doesn't even like to mention using drugs on an internet form. But thanks for all your responses.
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Chemy
This is a stick up
Registered: 10/05/07
Posts: 5,528
Loc: Log Cabin, AK
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Re: neighbors and drug talk [Re: just me]
#8158295 - 03/17/08 05:27 PM (5 months, 18 days ago) |
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Quote:
just me said:
and even then he might not be able to because there no credible evidence. the same as they cant just use infared tech on any house they want to see if anyones growing. they have to have reasonable doubt.
The cops have to have probable cause, reasonable doubt is for a jury to decide
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“There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them". -Ayn Rand
“Useless laws weaken the necessary laws.”
-Montesquieu, 1748
The thesis that I want to advance today is that the drug war and the laws that prohibit the private consumption of certain drugs are unconstitutional. Prohibition laws, themselves, violate every tenet of limited government that is embodied in our Constitution.
http://www.paulhager.org/libertarian/drug_con.html
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numonkei
Back! From thedigestive tractof dave theiguana!
Registered: 04/12/06
Posts: 804
Loc: A Tree
Last seen: 1 day, 10 hours
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Re: neighbors and drug talk [Re: just me]
#8159004 - 03/17/08 08:10 PM (5 months, 18 days ago) |
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Quote:
just me said:
did your neighbors hear you talking about drugs? and if so, howd you find out they heard you?
it might be enough to constitute a warrant if they heard talk about sale and distribution. but really, freedom of speech is our constitutional right. i could walk up to a cop and tell him "i love marijuana" and he couldnt do anything other than waste his time trying to get a warrant. and even then he might not be able to because there no credible evidence. the same as they cant just use infared tech on any house they want to see if anyones growing. they have to have reasonable doubt.
In theory, yes, this should be applicable.
Unfortunately, be live in a world where our
every action is scrutinized by the majority of
those is legislative/judicial/whatever-the-fuch
kind of pover.
Yeah, You could tell the cop your neighbors can
eat a donkey's dick. Or you could get one of your
friends to join the 'L(Local)PD'
Aside from this, there is no real safety.
Make friends with your neighbors, find out their
likes and dislikes. This will make it quickly
apparent whether they would be worth worry. And when
you think that they AREN'T of worry... be quieter.
You must admit that those of us who may believe your
body is of your own right are not in the majority in
a legislative/courthouse setting. Watch your ass
~Monk
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fastfred
Registered: 05/17/04
Posts: 4,326
Loc: Dark side of the moon
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Re: neighbors and drug talk [Re: numonkei]
#8160691 - 03/18/08 04:04 AM (5 months, 17 days ago) |
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I don't think cops would persue it and I don't think they could get a warrant even if they tried. What they would do is start watching you.
Getting a warrant you have to pass some legal tests and meet certain criteria. Having no actual knowledge of drug use they would not be able to get one.
Somebody posted some actual law on obtaining warrants awhile back but I can't seem to find it.
-FF
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johnm214
Registered: 05/31/07
Posts: 6,010
Loc: Americas
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Re: neighbors and drug talk [Re: fastfred]
#8160727 - 03/18/08 04:54 AM (5 months, 17 days ago) |
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the evidence just needs to be indicative or suggestive of illegal activity and reliable
I agree the situation as stated couldn't lead to a warrant.
But if the guy who overheard the conversation was known to the police or was an informant that had proved reliable in teh past, I'm sure that would be enough for a valid warrant. Whether or not the cops would care ( I doubt it) and whether or not a judge would sign it (hope not) is another issue. But pretty similar to a confidential informant case.... the cops could even keep the witness secret.
Course the overhead talk would have to point to a crime... not just that folks like drugs. Somethin glike, mentioning drugs on the premises or something.
But I agree, this is just paranoia.
Most likely all that would happen is the pig patrol would try and get their snout in the door and look around.
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fastfred
Registered: 05/17/04
Posts: 4,326
Loc: Dark side of the moon
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Re: neighbors and drug talk [Re: johnm214]
#8160844 - 03/18/08 06:29 AM (5 months, 17 days ago) |
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Yeah, but they do have to have specific details for warrants. How the people know of a crime, are they reliable, are they credible, the nature of their knowledge, specifically what they know is there, where exactly it's at, etc.
-FF
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ethnoguy
E to the G
Registered: 10/03/07
Posts: 712
Loc: your momma's house
Last seen: 1 day, 15 minutes
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Re: neighbors and drug talk [Re: fastfred]
#8162846 - 03/18/08 04:19 PM (5 months, 17 days ago) |
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All it takes is an anonymous tip to the cops that trafficing narcotics is going on. Whether that is the truth or not does not matter. I know this for a fact, because I have done time with people that were doing nothing more that enjoying themselves and some bullshit story got them raided, pulled over, etc.
EG
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fastfred
Registered: 05/17/04
Posts: 4,326
Loc: Dark side of the moon
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Re: neighbors and drug talk [Re: ethnoguy]
#8164870 - 03/18/08 11:34 PM (5 months, 16 days ago) |
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> All it takes is an anonymous tip to the cops that trafficking narcotics is going on.
No, not really. Anonymous tips are not enough for a search warrant. It would have to be a very exceptional case for an anonymous tip to be enough to get a warrant.
I remember one such case though. In that instance they had a lot of details that showed that they were credible and had actual knowledge of the crime. They actually predicted a future crime. Based on that the cops observed enough to then, in the totality of circumstance, have enough for a warrant.
That's a far cry from a single anonymous tip saying "This guy has drugs". The case was only decided on appeal, so even that level of credibility and detail is barely enough to get a warrant.
-FF
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