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rawtoxic
Stranger
Registered: 10/06/02
Posts: 2,097
Loc: smokey mountains
Last seen: 13 years, 7 months
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Interstate Drug Bust Confiscates 600 Marijuana Plants [UT]
#6538260 - 02/06/07 09:34 PM (17 years, 1 month ago) |
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http://newsnet.byu.edu/story.cfm/62887
A Utah Highway Patrol trooper prevented more than 600 premature marijuana plants from reaching the streets during a routine traffic violation stop.
According to an e-mail sent by Utah Highway Patrol trooper Preston Raban, at about 10 p.m. Friday night, Feb. 2, 2007, a U-haul trailer was pulled over on eastbound I-80 in Summit County near mile marker 157 for a common lane-travel violation.
The U-haul trailer was driven by two brothers, ages 27 and 37 from Sacramento, Calif., who were going to Thornton, Colo., a suburb of Denver.
"On two separate occasions I could smell marijuana coming from the vehicle," said the trooper who pulled the two brothers over.
The trooper conducted a search of the U-haul, which resulted in a confiscation of approximately 600 four-six inch marijuana plants and $5,900 in cash. Also in the vehicle was enough equipment to grow 600-800 full-sized plants.
"The equipment seized was enough for a huge operation," Raban said. "Those cute little plants will grow to become huge producers. These men were ready to raise these plants for a huge on-going crop."
Both men in the U-haul were arrested.
The trooper who pulled over the vehicle has been involved in many major and successful drug busts, Raban said.
"This was an exceptional job done by this trooper in stopping the vehicle," Raban said, "and in turn getting all this marijuana off the streets."
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Boom
just a tester
Registered: 06/16/04
Posts: 11,252
Loc: Cypress Creek
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Re: Interstate Drug Bust Confiscates 600 Marijuana Plants [UT] [Re: rawtoxic]
#6538313 - 02/06/07 09:54 PM (17 years, 1 month ago) |
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Thank God!
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dedjam
Electro Penguin
Registered: 12/14/05
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Loc: Moralton, Statesota
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Re: Interstate Drug Bust Confiscates 600 Marijuana Plants [UT] [Re: Boom]
#6539381 - 02/07/07 06:48 AM (17 years, 1 month ago) |
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I dont know about that state...but smell of MJ is NOT real probable cause for a warrantless search. A good lawyer can get them off, ive seen the argument used many times before. I have some cigs I picked up at a head shop that smell exactly like weed, but they arent illegal by any means.
My guess is they will take a plea and do some time. People jump to easily on pleas because they dont know thier rights and they dont understand the legal system.
That said, where do they get the 600-800 plant possibility estimate? lol is that a joke?
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rawtoxic
Stranger
Registered: 10/06/02
Posts: 2,097
Loc: smokey mountains
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Re: Interstate Drug Bust Confiscates 600 Marijuana Plants [UT] [Re: dedjam]
#6539389 - 02/07/07 06:56 AM (17 years, 1 month ago) |
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I think it has been WELL ESTABLISHED in that a LEO does not need a warrant/consent when smell of MJ has been detected because probable cause has been established by this point. I live in one of the MOST liberal states with VERY FAIR pot laws and this is still the case with probable cause.
Anyways these idiots consented to the search at least make the boys bring out their drug dogs on you.
Edit: Gopengiuns, please post a link to this 'argument' you've seen many times I'm interested in it.
Edited by rawtoxic (02/07/07 06:58 AM)
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Schwip
Never sleeps.
Registered: 06/27/05
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Re: Interstate Drug Bust Confiscates 600 Marijuana Plants [UT] [Re: dedjam]
#6539416 - 02/07/07 07:10 AM (17 years, 1 month ago) |
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I agree people jump at pleas, a little too easily.
But, a cop smelling weed smoke, IS probable cause.
In the eyes of the law, they dont have time to get a proper warrent, because then you could get rid of the weed, or flee. So probable cause search comes into play.
From an old post on the subject:
one of many sources, as quoted by actual lawyers.
Quote:
Probable cause is enough information to believe that it is more likely than not that a crime is in progress.
When it comes to entering a home, they are required to go talk with a judge about their probable cause and get a warrant, UNLESS there's no time because the evidence may disappear in the meantime. That means that they get to go in without a warrant in lots of drug and alcohol related matters.
taken from here: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=894574171
quote from the very first reply to above link's question
-------------------- -------------------------------- " If the sky were to suddenly open up there would be no law. There would be no rule. There would only be you and your memories... the choices you've made, and the people you've touched. If this world were to end there would only be you and him and no-one else. " .............. "MAN! You know there aint no such thing as left over crack!"
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dedjam
Electro Penguin
Registered: 12/14/05
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Loc: Moralton, Statesota
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Re: Interstate Drug Bust Confiscates 600 Marijuana Plants [UT] [Re: Schwip]
#6539454 - 02/07/07 07:36 AM (17 years, 1 month ago) |
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Just FYI, I have personal experience on this one.
Also, the "unless there is no time" is a state by state case. Recently our local sheriff authorized a deputy to go into a house warantless because the guy new they were trying to get the warrant and was destroying all the evidence of his grow. The busted in and arrested him. He is a free man because they needed a warrant.
Probably cause is always open to interpretation and it can change in every court room under every judge. Any "lawguru" should know this.
Sorry, ill take personal experience...(through my own run ins, my wife's law school books, and conversations with her boss who is a criminal defense attorney)...over what some people are saying in a chat on the net.
Dont take any chances, dont do stupid shit. Even if they dont have probably cause, that doesnt stop them from putting your through the hassle and then having to argue it in court.
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rod
Ψ
Registered: 06/29/05
Posts: 3,727
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Re: Interstate Drug Bust Confiscates 600 Marijuana Plants [UT] [Re: rawtoxic]
#6539958 - 02/07/07 11:08 AM (17 years, 1 month ago) |
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What a waste, probably some nice babys down the drain.
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