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 creekfreek
Just being me
 
Registered: 01/26/08
Posts: 3,367
Loc: Right about here
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 Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless Aeria 
#8262364 - 04/09/08 09:44 PM (4 years, 1 month ago) |
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http://stopthedrugwar.org/chronicle/530/vermont_supreme_court_warrantless_aerial_search_bryant_marijuana
In a decision handed down last Friday, the Vermont Supreme Court threw out the felony marijuana cultivation conviction of a man caught growing marijuana following a warrantless flyover of his rural property by a military helicopter. Vermont residents have a broad privacy right "that ascends into the airspace above their homes and property," the court held in State v. Bryant.
marijuana eradication helicopter, NashvilleThe case began in 2003, when Stephen Bryant, who owned a remote Addison County home, told a local official he didn't want trespassers. That unnamed official "found defendant's insistence on privacy to be 'paranoid,'" the opinion noted, and suggested that a Vermont State Police team do a flyover to look for marijuana. Under the rules of the state's Marijuana Eradication Team, which uses Vermont Army National Guard helicopters and pilots, flights are supposed to stay 500 feet above the ground. But an August 7, 2003 surveillance flight dipped down to 100 feet and hovered above Bryant's property for half an hour.
Troopers in the chopper saw marijuana plants, then used that information to obtain a search warrant. Bryant was arrested and charged with marijuana possession and cultivation. At trial, he argued that he used marijuana for medicinal purposes to treat an old work injury. Jurors acquitted him of possession, but convicted him of cultivation. In June, 2005, he was sentenced to 45 days. His appeal followed.
The Vermont constitution protects the privacy rights of residents even if it means some pot plants may go unseized, the court held in an opinion written by Associate Justice Marilyn Skoglund for the 4-1 majority.
"We protect defendant's marijuana plots against such surveillance so that law-abiding citizens may relax in their backyards, enjoying a sense of security that they are free from unreasonable surveillance. Vermonters expect -- at least at a private, rural residence on posted land -- that they will be free from intrusions that interrupt their use of their property, expose their intimate activities, or create undue noise, wind, or dust," wrote Skoglund.
"With technological advances in surveillance techniques, the privacy-protection question is no longer whether police have physically invaded a constitutionally protected area. Rather, the inquiry is whether the surveillance invaded a constitutionally protected legitimate expectation of privacy," she added.
"The decision is a boon to all Vermonters," said Middlebury attorney William Nelson, who represented Bryant at the Supreme Court. "It protects our privacy when we are out of doors, on our own property, and in our own yards," he told the Burlington Free Press after the decision.
The opinion serves as further evidence that the state constitution gives Vermonters greater privacy protection than federal laws do, Vermont law school professor Cheryl Hanna told the Free Press. "A lot of people feel the federal government doesn't respect privacy rights after Sept. 11," said Hanna. "Vermonters, at least at the state level, have that additional check on what the government can do."
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"Recite it all back to me at the end of the story and we'll see if we know what we mean" - Scott Murawski.
"The greatest enemy of knowledge is not ignorance...it is the illusion of knowledge."
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rodfarva
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Registered: 07/31/07
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 Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless Aeria [Re: creekfreek]
#8262455 - 04/09/08 10:20 PM (4 years, 1 month ago) |
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Flying at 100 feet they "saw" marijuana. Or just really green plants.
Its amazing this had to go to the state supreem court. This search was based on a string of inconclusive evidance. "Oh shit, that guys got a jerry bear bumper sticker, lets get a warrent and search his house. Not there? lets search the rest of his family..."
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 TheShroomJew23
The Chemist
Registered: 11/29/07
Posts: 1,581
Loc: Temple
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless Aeria [Re: rodfarva]
#8262518 - 04/09/08 10:44 PM (4 years, 1 month ago) |
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Fuck Canada im moving to Vermont.
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You will be missed
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Ziggen
Two Chewbaccas
Registered: 06/27/05
Posts: 626
Loc: Parts Unknown
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: TheShroomJew23]
#8263013 - 04/10/08 01:32 AM (4 years, 1 month ago) |
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Quote:
TheShroomJew23 said:
Fuck Canada im moving to Vermont.
For real. They have kick-ass gun laws in Vermont, too. A real example of the way America ought to be.
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Seuss
Error: divide byzero
Registered: 04/27/01
Posts: 23,193
Loc: Caribbean
Last seen: 21 hours, 56 minutes
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: rodfarva]
#8263143 - 04/10/08 03:17 AM (4 years, 1 month ago) |
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> Flying at 100 feet they "saw" marijuana. Or just really green plants.
When viewed from the air, with the 'special' glasses, cannabis plants literally shine like they are lit from within.
> following a warrantless flyover of his rural property by a military helicopter.
That is frightening. There is supposed to be a very strong disassociation between the military and the police within the US.
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Just another spore in the wind.
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Limes
fellowsopher
Registered: 03/15/08
Posts: 94
Loc: Canada
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Seuss]
#8263637 - 04/10/08 07:58 AM (4 years, 1 month ago) |
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I guess the police are too weak for the "war on drugs", they have to bring in military helicopters  why don't they just missile the shit outta that guys house while they're at it, I know I'd be scared of that if one hovered over my house for half an hour 
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BrnDubies
interloper
Registered: 02/06/08
Posts: 188
Loc: the Green Mountains
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Ziggen]
#8263770 - 04/10/08 08:53 AM (4 years, 1 month ago) |
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Fuckin right, its good to know my right to privacy extends to the sky.
Quote:
For real. They have kick-ass gun laws in Vermont, too. A real example of the way America ought to be.
The concealed gun law is a little much, I think I'd rather see who is packing handguns within city limits, but this is probably the only state in which such leniency would work.
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the pain of war can not exceed the woe of aftermath
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Coaster
BaĘżal
Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
Last seen: 7 months, 17 days
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: BrnDubies]
#8270316 - 04/11/08 03:42 PM (4 years, 1 month ago) |
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ive heard about low flyin helis in a couple cases
some werent thrown out
this guy got lucky
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Vermonster420
I gotta have more cowbell !
Registered: 10/09/08
Posts: 662
Loc: Standin' On the Moon
Last seen: 2 years, 1 month
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: BrnDubies]
#9812503 - 02/17/09 02:38 AM (3 years, 3 months ago) |
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Quote:
BrnDubies said:
Fuckin right, its good to know my right to privacy extends to the sky.
Quote:
For real. They have kick-ass gun laws in Vermont, too. A real example of the way America ought to be.
The concealed gun law is a little much, I think I'd rather see who is packing handguns within city limits, but this is probably the only state in which such leniency would work.
I know, old bump but I feel strongly about this topic and believe it should be seen by as many people as possible.
In regard to Vermont's awesome concealed carry law (any law abiding citizen who can legally carry can carry concealed) just assume we are ALL strapped. It's pretty accurate.
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To thine own self be true.
That which does not kill me makes me stronger.
Ass...it's the NEW pussy!
"Gungah-DeGungah"
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wowitch17
Growery is Better
Registered: 01/10/06
Posts: 8,537
Loc: Chile
Last seen: 3 months, 12 days
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Coaster]
#9812633 - 02/17/09 04:14 AM (3 years, 3 months ago) |
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Quote:
Coaster said:
ive heard about low flyin helis in a couple cases
some werent thrown out
this guy got lucky
yeah I've seen this before its lame that the cope have nothing better to do than to spy on people who ask to be kept alone
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wowitch17
Growery is Better
Registered: 01/10/06
Posts: 8,537
Loc: Chile
Last seen: 3 months, 12 days
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Vermonster420]
#9812640 - 02/17/09 04:16 AM (3 years, 3 months ago) |
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Quote:
Vermonster420 said:
Quote:
BrnDubies said:
Fuckin right, its good to know my right to privacy extends to the sky.
Quote:
For real. They have kick-ass gun laws in Vermont, too. A real example of the way America ought to be.
The concealed gun law is a little much, I think I'd rather see who is packing handguns within city limits, but this is probably the only state in which such leniency would work.
I know, old bump but I feel strongly about this topic and believe it should be seen by as many people as possible.
In regard to Vermont's awesome concealed carry law (any law abiding citizen who can legally carry can carry concealed) just assume we are ALL strapped. It's pretty accurate.
i wonder how the murder rates statistics look, you only need to be 16 too, thats pretty intense
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Alan Rockefeller
Mycologist
Registered: 03/10/07
Posts: 24,722
Last seen: 2 days, 10 hours
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Seuss]
#9813871 - 02/17/09 10:53 AM (3 years, 3 months ago) |
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Quote:
When viewed from the air, with the 'special' glasses, cannabis plants literally shine like they are lit from within.
How do the special glasses work?
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Funguymon
Stranger
Registered: 01/27/09
Posts: 185
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Alan Rockefeller]
#9814006 - 02/17/09 11:25 AM (3 years, 3 months ago) |
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Thanks for the bump because this is an amazing article. I love reading on state rights because I am a huge advocate for state independence and a very limited small federal government. This truly is a win for the people. I think the neighboring state of New Hampshire is no exception to lack of individual freedoms.
Quote:
In regard to Vermont's awesome concealed carry law (any law abiding citizen who can legally carry can carry concealed) just assume we are ALL strapped. It's pretty accurate.
It's better to have it and not need it than to need it and not have it. That is the law of the land in Montana as well. 
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BrnDubies
interloper
Registered: 02/06/08
Posts: 188
Loc: the Green Mountains
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: wowitch17]
#9814635 - 02/17/09 01:27 PM (3 years, 3 months ago) |
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Quote:
wowitch17 said:
i wonder how the murder rates statistics look, you only need to be 16 too, thats pretty intense
In 2007 we had the second lowest violent crime rate (murder, rape, assault, armed robbery) in the country. Murder rate was sixth lowest in the country.
I'll probably never own, or want to own, a gun, but I like our state's stance on gun control (99% of it anyway) as long as we maintain harsh penalties on crimes involving deadly weapons.
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the pain of war can not exceed the woe of aftermath
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rodfarva
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Registered: 07/31/07
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Alan Rockefeller]
#9814785 - 02/17/09 01:52 PM (3 years, 3 months ago) |
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Quote:
Alan Rockefeller said:
Quote:
When viewed from the air, with the 'special' glasses, cannabis plants literally shine like they are lit from within.
How do the special glasses work?
This doesnt hold water with me either... No other plants glow? only pot? nixon must have got these glasses from a genie.
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Alan Rockefeller
Mycologist
Registered: 03/10/07
Posts: 24,722
Last seen: 2 days, 10 hours
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Re: Search and Seizure: Vermont Supreme Court Throws Out Marijuana Conviction Based on Warrantless A [Re: Alan Rockefeller]
#9815188 - 02/17/09 03:05 PM (3 years, 3 months ago) |
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I did a bit of research but I couldn't find anything solid. Some people say the plants look quite a bit different using FLIR at sunset. There are some papers written on the subject but I couldn't find them.
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