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OfflineMogus
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Registered: 05/11/08
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Police in my home
    #8543242 - 06/20/08 01:50 AM (2 months, 9 days ago)

It's not my house.  I rent a room, which I lock when I'm gone.  I got home from work and found out from my housemate that there were about 8 cops and an investigator in the house.  Another housemate is basically a one-man-army and owns many firearms.  The police claimed they have a video of him firing a .22 outside our house, which is complete bullshit, because if they did, they would have arrested and charged him on the spot--felony firing weapon within city limits.  Instead they kept him in cuffs while they searched the house for guns and the perimeter for shell casings.  They ended up carrying out guns by the armfull, presumably to see if all the registrations are in order--they've gotta get SOME kind of charge outta this.  They searched my housemate's room, but as far as I know, they didn't search mine, since it was locked and nothing appeared out of place. 

What worried me was that they expressed some interest in me, apparently knew my name previous to serving the search warrant, and wanted to know my whereabouts.  I say worried because I had two doubletubs about to pin.  I ditched them, because it seems like when they show up once, they'll show up again.  This brings me to my question, even though I ditched the items that are in and of themselves illegal, could I be fucked for having items that, while by themselves are not illegal(pressure cooker, coco coir, verm, all the "tools of the trade," etc.), could be catalogued along with spore syringes and be used to build a case against me for conspiring or intent to manufacture psilocybin/psilocin or some other such bullshit?


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Invisiblejohnm214
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Re: Police in my home [Re: Mogus]
    #8543262 - 06/20/08 01:59 AM (2 months, 9 days ago)

Yes, but unlikely.

They'd need to prove intent or action, and they can't... IF YOU SHUT THE FUCK UP.

DO NOT TALK.

I doubt they'll be back, for your anyways, but shut your mouth and move everything out.


DId your roomate consent to the search passivly or affirmativly?  Was he arrested?

If both are no, I'd say the search was illegal, but that doesn't mean they won't come back w/ a warrant later.


SHUT UP, and keep your room clean, and tell everyone to refuse the searches.

You might consider locking your room so as to sepperate it from your roomates, which can help establish it as a sepperate area for search and seizure purposes (if roomate doesn't have key or authority to enter).


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Offlinegethyn
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Re: Police in my home [Re: johnm214]
    #8543271 - 06/20/08 02:07 AM (2 months, 9 days ago)

move the shit out have a friend hold it dont throw away good stuff just find a storage place.


--------------------
""The Edge... there is no honest way to explain it because the only people who really know where it is are the ones who have gone over.


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OfflineJusListen
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Re: Police in my home [Re: gethyn]
    #8543288 - 06/20/08 02:22 AM (2 months, 9 days ago)

Yes.

its called a conspiracy charge.

lay low for a long while.

goodluck.


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Onlinehitch hiker
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Re: Police in my home [Re: JusListen]
    #8543304 - 06/20/08 02:34 AM (2 months, 9 days ago)

Boy I sure do feel safe in this country with the cops on the job all the time.
This is the fifth time Ive heard of for instances like this one in the last week.And every one was something like"someone said".Or"we heard".but never any concrete evidence.
Who let em in w/o a warrant?
HA, not that they really need one.
Looks like your grow needs to move for a long time,sorry dude .


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OfflineSeussA
Error: divide byzero


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Re: Police in my home [Re: Mogus]
    #8543375 - 06/20/08 04:18 AM (2 months, 9 days ago)

> could be catalogued along with spore syringes and be used to build a case against me for conspiring or intent to manufacture psilocybin/psilocin or some other such bullshit?

Everything Johnm214 said.  Most important, keep your mouth shut.  Don't make up excuses.  Don't say anything except to politely state that you refuse to answer any questions without first speaking with legal council.

Sounds to me like somebody that knows your housemate, and other people in the house somewhat, talked to the police about the weapons.  They (the police) knew enough to know you live in the house, but were not concerned enough about you to kick in your locked door to ensure you were not there hiding.  Considering the weapons involved, and assuming you weren't involved with the weapons, I wouldn't worry too much were I you.  Keep clean for a while and find a new place with new people to live.


--------------------
Just another spore in the wind.


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Offlineusr
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Re: Police in my home [Re: Seuss]
    #8543626 - 06/20/08 08:38 AM (2 months, 9 days ago)

Just get rid of the shit, man. It's not worth the risk, especially with what has already happened.


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Invisiblejohnm214
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Re: Police in my home [Re: Seuss]
    #8543638 - 06/20/08 08:44 AM (2 months, 8 days ago)

Quote:

Seuss said:
keep your mouth shut.  Don't make up excuses.  Don't say anything except to politely state that you refuse to answer any questions without first speaking with legal council.





exactly


How many times has someone on this site "explained" or "minimized" their involvement only to admit every single element of their offense?  Many times, at least two in the past month posted here and apparently didn't even know they seriously screwed themselves and made the outcome of a suppresion hearing almost irrelevant.


The police would need your statement.  If you "minimize" or "make an excuse" such as "I was going to grow mushrooms but I won't now" or "I was thinking about it" you've allready fucked yourself and set yourself up for a conviction on your words alone (totally in the first place and enough for a charge in the second).

The cops know what's going on cuz they assume the worst of everyone, but that doesn't matter.  I'm constantly amazed that people think they can talk their way out of shit.  Doesn't matter if the cop "know's your lieing" or "isn't stupid" or "you're making this very hard on yourself by not cooperating" or whatever other bullshit the cops say. 

Cops are not your friend.  Do not talk to them and you'll be find.  Talk to them and you may end up charged and convicted like many of the other people here who thought they didn't need a lawyer/knew the law and were going to admit enough to placate the police but not admit guilt- they admited enough for a conviction on the words alone.  Shut up, don't be like them.


Quote:

JusListen said:
Yes.

its called a conspiracy charge.





No its not, its called manufacturing, attempt, or intent to manufacture, most likely.  Under the facts given there's no way a conspiracy charge could be brought.  They'd at least have to charge the roomate or someone else and allege his involvement in some neccesary area, and prove that you only abandoned the project cuz of police involvement.

Even if we presume there was a conspiracy, I'd think that they'd have to prove that the conspiracy was abandoned cuz of the cops in the apt.

I'm not even sure if that's a sufficient reason to preclude a voluntary abandonment defense though.


But all this stuff is not within his post, and the lock on the door speaks against a conspiracy.  If this guy's smart, he's not telling the gun guy about this.  Course if he were smart he wouldn't grow in the same house with guns, or if he did, he'd make damn sure he's well under, cakes and all, the weight for presumed/mandatory trafficking charge under fed/state law.  He's looking at serious time if their anyway a trafficking charge can be brought and the police can show possesion of a gun.


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Offlinejenns_hot
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Re: Police in my home [Re: usr]
    #8543641 - 06/20/08 08:44 AM (2 months, 8 days ago)

you just need to get rid of any spore syringes.  then if they actually say anything, tell them that you wanted to try growing some button mushrooms or portabellas or something similar.


--------------------
Live and learn


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OfflineSeussA
Error: divide byzero


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Re: Police in my home [Re: jenns_hot]
    #8544901 - 06/20/08 03:23 PM (2 months, 8 days ago)

> then if they actually say anything

... you keep your fucking mouth shut.  You don't say a fucking word.  What part of keep your mouth shut do you not understand?  Anything you say, and I mean ANYTHING, will be used against you.  Period.  You can only make the situation worse by speaking.  There is NO way to make it better.  If you say anything, anything at all, you are fucking yourself.  You don't admit anything.  You don't talk about mushrooms.  You make them prove that you were growing mushrooms.  You make them prove that you know what a mushroom is.  In case you missed it, when dealing with police, you keep your mouth shut!

Did I make that clear?  Did you miss it?  Do I need to repeat myself, yet again?  To quote johnm214: "They'd need to prove intent or action, and they can't... IF YOU SHUT THE FUCK UP."

One last time... for our dense readers... YOU KEEP YOUR MOUTH SHUT (when dealing with police)!


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Invisiblejohnm214
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Re: Police in my home [Re: Seuss]
    #8544985 - 06/20/08 03:58 PM (2 months, 8 days ago)

excellent post Seuss.

Make them prove every element of the offense and show you had the means.  Don't conceed you know what a mushroom is or how to grow them.  Most people don't know how mushrooms grow... you don't want the cops testifying you knew all about it.  When they find your web browser cache, those printed instructions, or your syringe laying around... you are toast due to your admission.

As Seuss said, do not talk, period.  This is not hard, do not talk, period.

You don't know the law, you don't know what they know.  They have months to research and prepare their arguments, you have seconds when being questioned. You don't know that attempt or conspiracy for controlled substances laws doesn't, under US law, require an overt act, and so you can be convicted on a pure thought crime.  What you don't know will screw you, shut up.  Get a lawyer.


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OfflineMogus
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Registered: 05/11/08
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Re: Police in my home [Re: johnm214]
    #8545342 - 06/20/08 06:42 PM (2 months, 8 days ago)

I vacuum-sealed my syringes several times and buried them in the desert outside the city during the night.  Since I have all the tools necessary for cultivating mushrooms, I figure I may as well perfect my techniques on legal specimens, so that's what I'll be doing until I can find a secure place in the future.  But you never know.  I read that story about a dog abandoning the axe-wielding psychopath for a few plants.  All kinds of shit can go down, even if you do everything to eliminate and mitigate risks within your control.

I was in my bed this morning just dozing when I heard a firecracker go off.  I heard some commotion outside my window, so I cracked it to listen in.  This tweaker-type neighbor who presumably called in the report of my roommate firing a weapon the other day was waving his arms around at my roommate in a fit, saying, "you want the police to come over again?!"  More was said that I didn't catch, then he returned to his house.  About 15 minutes later I was changing a CD and I look out my window only to see a cop and his partner craning their heads to look inside my room.  He tells me to get my roommate and come outside, where they're holding their weapons at their side.  About all that came of it was a warning that firecrackers are illegal to use right now and might start a fire. 

This fucking jackoff has made two false reports in a row that have brought the police to our house, the first one resulting in a siezure of legal firearms.  The dude with the weapons use to shoot at cats with a pellet gun, months ago, before I ever showed up, but all he's done since I've been there is light off a few firecrackers.


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OfflineFunkBuddha
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Re: Police in my home [Re: Mogus]
    #8545370 - 06/20/08 06:56 PM (2 months, 8 days ago)

I'd do a DoD wipe on your hard drive and stop visiting this site as well. A good DoD formatting utility can be found here.

Darik's Boot and Nuke


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InvisiblePrisoner#1M
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Re: Police in my home [Re: FunkBuddha]
    #8545496 - 06/20/08 07:43 PM (2 months, 8 days ago)

there's no harm in information, I had 2 computers seized and sent 
to a federal crime lab forensics examination, I'm sure they found
the history of sites I visited including the shroomery and
overgrow, I already had tools/supplies and I'm sure they could
have fought hard to build a case for conspiracy but it would have
proven fruitless without seeds or spores


--------------------
"you are wrong jeetered"
"themange is awesome and win and big bouncy tits"


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InvisiblePrisoner#1M
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Re: Police in my home [Re: Mogus]
    #8545507 - 06/20/08 07:49 PM (2 months, 8 days ago)

Quote:

Mogus said:
They ended up carrying out guns by the armfull, presumably to see if all the registrations are in order





I hope the police have inventoried the guns while on the premisis
and he double checked the serial numbers against the inventory the
provided him otherwise his shit is just 'gone', federally there is
no gun registration, there may be in some states


--------------------
"you are wrong jeetered"
"themange is awesome and win and big bouncy tits"


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Invisiblejohnm214
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Re: Police in my home [Re: Prisoner#1]
    #8545727 - 06/20/08 09:23 PM (2 months, 8 days ago)

Quote:

Prisoner#1 said:
there's no harm in information, I had 2 computers seized and sent 
to a federal crime lab forensics examination, I'm sure they found
the history of sites I visited including the shroomery and
overgrow, I already had tools/supplies and I'm sure they could
have fought hard to build a case for conspiracy but it would have
proven fruitless without seeds or spores




of course there is harm.  It provides evidence you had the knowledge to do something and sought out such.

Couple that with someone opening their mouth, or physical evidence, and you get a conviction.

The feds could have convicted you with  attempt to grow mushrooms/marijuana without any items in your house whatsoever.  If you admitted you were intending to grow mush/marijuana then you would be guilty if the jury believed your were telling the truth.


I agree its unlikely such a case would be prosecuted, without someone talking, but it could be.  And when someone is already suspected of growing and they talk, like fools and like usual, the computer evidence can help secure a conviction.


You don't actually have to grow anything or even take any step towards that effort to be convicted.  The intent to is enough.  This is why its so important to shut up and never admit shit to placate cops, despite them admonishing you "i'm not stupid" or whatever.  Once you say," ok officer I was going to grow shrooms but I never actually bought any jars/spores/substrate or anything else and I won't know for sure... just being honest w/ ya" you've admitted every element of the offense and are guilty.


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InvisiblePrisoner#1M
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Re: Police in my home [Re: johnm214]
    #8546934 - 06/21/08 09:38 AM (2 months, 7 days ago)

intent has to be proven by the prosecution


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"you are wrong jeetered"
"themange is awesome and win and big bouncy tits"


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OfflineSeussA
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Re: Police in my home [Re: Prisoner#1]
    #8548004 - 06/21/08 04:32 PM (2 months, 7 days ago)

> intent has to be proven by the prosecution

To quote johnm214: "They'd need to prove intent or action, and they can't... IF YOU SHUT THE FUCK UP."


--------------------
Just another spore in the wind.


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