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Invisiblemyceleus_rex
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Registered: 07/01/09
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Re: expert advise needed on shrooms and the law [Re: dutc2006]
    #12003996 - 02/10/10 05:36 PM (14 years, 3 months ago)

Quote:

dutc2006 said:
Quote:

JonEveryman88 said:
Quote:

dutc2006 said:
A night in jail and a PR bond will be the worst case scenario most likely.  A slap on the wrist in my eyes.




No, that's the best case scenario.

Most likely he'll get charged with possesion of a controlled substance, manufacturing of a controlled substance and possesion of a control substance with intent to sell.




I live in one of the most conservative states in the south and it would be a slap on the wrist here.  If he had no prior convictions he would be a shoe-in for pre-trial intervention and could get his slate wiped clean.  I have seen much worse than a college kid trying to grow a couple grams of mushrooms get off the hook and thats with prior charges and a public defender.  Why fear monger?




'Ol Miss maybe?
I was surprised when I read the sticky.

I wish your bud all the best, maybe trich can be our friend here, but that would be a miracle (those do happen). Doc's right, wrong forum, but this is interesting and I would like to follow what happens.

Godspeed, and tell your buddy the same from the shroomerites.
:plur:


--------------------
Cervantes' sclerotia thread    Citric's self-healing lid tek  Agar's Grain LC  Breaking Up Spawn Jars

World's Ugliest Cat?

If ignorance is bliss, why aren't there more happy people?

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Offlineroaddog
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Re: expert advise needed on shrooms and the law [Re: JonEveryman88]
    #12004077 - 02/10/10 05:51 PM (14 years, 3 months ago)

Quote:

JonEveryman88 said:
Quote:

dutc2006 said:
A night in jail and a PR bond will be the worst case scenario most likely.  A slap on the wrist in my eyes.




No, that's the best case scenario.

Most likely he'll get charged with possesion of a controlled substance, manufacturing of a controlled substance and possesion of a control substance with intent to sell.



I do agree with that. i think around her it can be very rough.But they wont do anything for pot, here.

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Offlinealtered reality
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Re: expert advise needed on shrooms and the law [Re: roaddog]
    #12008684 - 02/11/10 12:13 PM (14 years, 3 months ago)

reguardless of the liberal/conservative views of the state, mushrooms are heavily looked down upon in all states and he will probably all the charges joneveryman said

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OfflineProjekt
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Re: expert advise needed on shrooms and the law [Re: altered reality]
    #12008706 - 02/11/10 12:20 PM (14 years, 3 months ago)

Yeah, it sucks, but if they're raiding his house he's probably looking at much worse charges than mushroom cultivation.

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Offlinesidewinder
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Re: expert advise needed on shrooms and the law [Re: Projekt]
    #12008979 - 02/11/10 01:09 PM (14 years, 3 months ago)

They raided becauase his friend stole some cash from a place and ran into my friends house uninvited and my friend found him told him to get out and the cops where at the door, and then got a warrent

dont they have to keep the jars in an airtight evidence bag (they shouldnt continue growth right?), and since they where only a few days since injecting them with the syringe, and he just looked at them before they raided and it was just grain

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InvisiblePrisoner#1
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Re: expert advise needed on shrooms and the law (moved) [Re: sidewinder]
    #12009249 - 02/11/10 01:50 PM (14 years, 3 months ago)

This thread was moved from Mushroom Cultivation.

Reason:
more suitable forum

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Offlinethelaughingman
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Re: expert advise needed on shrooms and the law (moved) [Re: sidewinder]
    #12009325 - 02/11/10 01:58 PM (14 years, 3 months ago)

How the hell did they show up at the door to get the guy who stole the money. And end up coming in and finding his jars? God do they have to thoroughly search the whole house even when they have their suspect. Whut teh fuckz man.

Edited by thelaughingman (02/11/10 01:59 PM)

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Offlinesidewinder
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Re: expert advise needed on shrooms and the law (moved) [Re: thelaughingman]
    #12009359 - 02/11/10 02:02 PM (14 years, 3 months ago)

thats what im saying, they had the suspect arested with the money on him, they aressted my buddy for obstructing an officer, they went into his house without permission kicked his girlfriend out and opened my buddys room where he seen a weed pipe on the floor then got a warent.

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OfflineTri High
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Re: expert advise needed on shrooms and the law (moved) [Re: sidewinder]
    #12009557 - 02/11/10 02:24 PM (14 years, 3 months ago)

Cops can enter a house when in hot pursuit of a suspect.  No warrant needed to enter a house that they seen a suspect run into.

But!  I do believe that the porkers freeze evidence collected until it's able to be tested.


--------------------
you just need money to get laid - starfire_xes

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Offlineroaddog
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Re: expert advise needed on shrooms and the law (moved) [Re: Tri High]
    #12009665 - 02/11/10 02:39 PM (14 years, 3 months ago)

Quote:

Tri High said:
Cops can enter a house when in hot pursuit of a suspect.  No warrant needed to enter a house that they seen a suspect run into.

But!  I do believe that the porkers freeze evidence collected until it's able to be tested.



you might be on to something, there's no way, myc will rebound after a freeze. Also I agree cops can run right up in your house, if you have an idiot friend, who is also a thief, that runs up in your house, not giving a fuck what you have going on. That's the part that i find fucked. If my friend did this, I wouldn't let him in the door. And if he did get in, right before the pigs got there. I would make kick him out, let him go face his punishment. Why should I go down for a fucking thief? I don't steal for a living. I don't have much respect for thieves.

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Offlinesidewinder
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Re: expert advise needed on shrooms and the law (moved) [Re: roaddog]
    #12009969 - 02/11/10 03:24 PM (14 years, 3 months ago)

my friend didnt let him in nor did anyone that lives there, he ran in and hid in the bathroom when my friend got home he found the thief and told him to get out and thats when the cops knocked and my friend made him go to the door where he was arrested.

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Offlinesidewinder
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Re: expert advise needed on shrooms and the law (moved) [Re: Tri High]
    #12009990 - 02/11/10 03:27 PM (14 years, 3 months ago)

they where in no way in hot pursuit he was surrenderd withen 5 seconds at the door when the cops knocked, and then my friend was arested, and then the cops went in and looked around without a warent

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Offlinesidewinder
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Re: expert advise needed on shrooms and the law (moved) [Re: roaddog]
    #12010025 - 02/11/10 03:34 PM (14 years, 3 months ago)

so if there way no myc growing when the cops took them he should be fine right?, because my pre-law bro told me that they have to test it in the condition its in

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Offlineroaddog
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Re: expert advise needed on shrooms and the law (moved) [Re: sidewinder]
    #12010150 - 02/11/10 03:57 PM (14 years, 3 months ago)

Wow, seems to me that their was some rights violated, Like our 4th amendment rights,of illegal search and seizure.I think your bro, needs an attorney. And to the thief that ran in the house.He Is going to have some series explaining to do to your friend. Maybe your friend will take piety on him, I doubt i would. But this shit really hits home. Think about it, you friend was doing a good thing. He was harming no one, and he viciously got ripped from his home, and they even took his good stuff. From one head to another, my heart goes out to him. This is the shit i keep in mind, when i go to vote for my local government officials.Remember we vote for our sheriff and our judges.This is the shit that will make me change my vote.It never hurts to go visit these judges and ask them if they plan to waste your tax dollars on incarcerating, non violent offenders. We voted last week, I did this to the judge i voted for. I made him tell me that I wanted to Know. He needs to know that some of us non violent criminals, vote. Hell maybe you should run for sheriff in your local town. And you can run on the platform, that you will stop wasting that towns, and the states tax dollars. You might be surprised to see, how many people back you up. Hell, if i lived in your town, i would vote for you.

Edited by roaddog (02/11/10 04:24 PM)

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Invisibleanonjon
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Re: expert advise needed on shrooms and the law (moved) [Re: roaddog]
    #12010252 - 02/11/10 04:21 PM (14 years, 3 months ago)

if they had found some dirt in a clay pot, would they have seized it to see if perhaps marijuana seeds were in the soil?

of course not.

So what gives them the right to seize the jars on the off chance that an illegal species of mushroom is growing in it?

all mycelium looks the same. There was no evidence of illegal activity, therefore the seizure was illegal and should be thrown out.


--------------------
The above post is fictional, hypothetical, or downright nonsensical.


:moon:  :moon:  :moon:  :moon:    :moon:

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OfflineAlan RockefellerM
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Re: expert advise needed on shrooms and the law (moved) [Re: anonjon]
    #12010587 - 02/11/10 05:12 PM (14 years, 3 months ago)

Quote:

So what gives them the right to seize the jars on the off chance that an illegal species of mushroom is growing in it?




Because they had probable cause, which means that it is more likely than not that a crime occurred.  A random pot probably doesn't have pot growing in it, but a random jar that they find in a raid is likely to have some illegal mycelium.

This case is bad.  Since there was a thief in the house, it will be hard to fight the warrant.  Hopefully the jars will test negative for psilocybin.  The test might take about 6 months.  If it tests positive, OP will probably need to plea out, hopefully to probation.

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Offlineilluminati
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Re: expert advise needed on shrooms and the law (moved) [Re: Alan Rockefeller]
    #12028072 - 02/14/10 03:02 PM (14 years, 3 months ago)

Yea, the warrant is probably going to be hard to fight in this case.  Your best hope is that evidence gets fucked up somehow, whether it be the jars getting infected or them fucking it up somehow (ie they open the jars, or freeze them (assuming it's true they have to keep it in the conditions it was found in)).  If they open them, I would think you may be able to claim that there weren't any spores in them at the time they were seized, but they became "infected" with mushrooms spores at the time they were opened.  It sounds like a long shot, but supposedly the prosecution has to prove "beyond a reasonable doubt" that you committed an illegal act.  Mold spores, along with other types of spores, are constantly floating around in the air all around us.  Like I said though, it's probably a long shot.

As for the books, were they regarding the cultivation of illegal mushrooms, or just mushrooms in general?  Did they find any spores?  I don't know if they can differentiate between spores of an illegal species and those that are legal.


--------------------
I didn't get turned on I just got turned
I wasn't as aroused as I was concerned
for each one of 'em I've hurt
and every time I've been burned
I've got a lot to teach but even more to learn

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InvisibleAction Jackson
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Re: expert advise needed on shrooms and the law (moved) [Re: sidewinder]
    #12051140 - 02/17/10 11:03 PM (14 years, 3 months ago)

Quote:

sidewinder said:
they where in no way in hot pursuit he was surrenderd withen 5 seconds at the door when the cops knocked, and then my friend was arested, and then the cops went in and looked around without a warent




I think if your brother got a lawyer, this part of the story would be most valuable in hopefully saving his ass.  The man they were pursuing was arrested, so why go in and search without a warrant?  Cops think they can just do whatever they want when they want.. it's ridiculous


--------------------
"It is by no means an irrational fancy that, in a future existence, we shall look upon what we think our present existence, as a dream."
- Edgar Allan Poe

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OfflineAlan RockefellerM
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Re: expert advise needed on shrooms and the law (moved) [Re: Action Jackson]
    #12051913 - 02/18/10 03:07 AM (14 years, 3 months ago)

Quote:

The man they were pursuing was arrested, so why go in and search without a warrant?




This seems relevant:

If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in.

From http://www.aclu.org/drug-law-reform_immigrants-rights_prisoners-rights_racial-justice/know-your-rights-what-do-if-youre-

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Offlineroaddog
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Re: expert advise needed on shrooms and the law (moved) [Re: Alan Rockefeller]
    #12053058 - 02/18/10 10:36 AM (14 years, 3 months ago)

well you have to pass through several locked doors to get anywhere in my house. i get those big heavy duty locks, because they have to have another warrant to pass through each lock, as long as they don't find probable cause, in the first room they get too. I also took the time to fortify my front door. If they came, i would go outside and lock the door behind me. then i would refuse to let them in without a warrant. and i would refuse to allow them in to any of the locked doores inside my house. which i even padlock my bathroom. just to add confusion. they use confusion as one of there main weapons, i do too.

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