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Anonymous #1
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What would happen if somebody told cops about a grow?
#17618420 - 01/27/13 11:04 AM (11 years, 3 months ago) |
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If somebody is growing something illegal in their home and somebody got mad at em and told the fuzz they had a grow in progress, what would happen?
Is that enough for a warrant? Would they need to witness something for themselves? Would they need a controlled buy or something?
Pretty much just wondering if the cops can act on just a tip........and how that would work.
Thanks
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Anonymous #1
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Re: What would happen if somebody told cops about a grow? [Re: Anonymous #1]
#17618437 - 01/27/13 11:09 AM (11 years, 3 months ago) |
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Or if that somebody went a told the cops the other person had a stash of drugs at a certain location in their home. Can they act of that?
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entactogenics
Stranger
Registered: 12/25/12
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Re: What would happen if somebody told cops about a grow? [Re: Anonymous #1]
#17618444 - 01/27/13 11:11 AM (11 years, 3 months ago) |
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...
Edited by entactogenics (01/27/13 11:27 AM)
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Anonymous #1
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Re: What would happen if somebody told cops about a grow? [Re: entactogenics]
#17618499 - 01/27/13 11:23 AM (11 years, 3 months ago) |
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In court? You mean when/if they contact a judge for a warrant?
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entactogenics
Stranger
Registered: 12/25/12
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Re: What would happen if somebody told cops about a grow? [Re: Anonymous #1]
#17618512 - 01/27/13 11:26 AM (11 years, 3 months ago) |
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..
Edited by entactogenics (01/27/13 02:27 PM)
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Anonymous #1
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Re: What would happen if somebody told cops about a grow? [Re: entactogenics]
#17618536 - 01/27/13 11:31 AM (11 years, 3 months ago) |
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If they tried for more evidence and tried peering in to my window and happened to see some monotubs, is that enough for a warrant even though they can't prove what species is being grown?
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illuminati
Strange


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Re: What would happen if somebody told cops about a grow? [Re: Anonymous #1]
#17618752 - 01/27/13 12:25 PM (11 years, 3 months ago) |
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Quick disclaimer: I'm not a lawyer, so I could be incredibly wrong; this is just what I remember learning from my lawyer after I got busted. Please consult a real lawyer if you think there's a possibility of you being in any legal trouble.
It likely depends a lot on the state you're in and the judge who gets the request for the warrant (assuming the police think they have enough for a warrant). There is a difference between what (I believe) is called a "first hand account" and "hearsay." "Hearsay" is not "probable cause" (which is what is legally required for a warrant), but it could be considered a "reasonable suspicion." A "reasonable suspicion" is not probable cause, but it is something that makes the police believe something may be going on.
If some person went to the cops and said something along the lines of, "My friend told me that Joe is growing weed at his house," that's hearsay, since the informant got the information from someone who is not directly involved in the criminal activity. Now, if that person went to the cops and said, "Joe showed me his weed grow at his house," that's a first hand account, which, depending on the informant's credibility, is probably enough for a warrant (probable cause). (I got busted, in part, because the informant's credibility wasn't verified, but that's a story for another time.)
Either way, my advice would be to shut everything down for a while if you think there's the slightest chance someone may go to the cops to inform on you, especially if they've actually seen your grow. No amount of money is worth having years of your live stolen by the US Injustice System.
-------------------- 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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Anonymous #1
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Re: What would happen if somebody told cops about a grow? [Re: illuminati]
#17618770 - 01/27/13 12:28 PM (11 years, 3 months ago) |
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Ok thanks.
If it were true, it would be a "first hand account".
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Grumpyorc
Ghost


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Re: What would happen if somebody told cops about a grow? [Re: Anonymous #1]
#17726883 - 02/01/13 02:28 PM (11 years, 3 months ago) |
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If the cops want you they will just go knock on your door, and when you open it say they smell weed, and search and bust you. its as simple as that and it holds up in court as probable cause. go dark if you think youve been exposed
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: What would happen if somebody told cops about a grow? [Re: Grumpyorc] 2
#17733591 - 02/02/13 04:34 PM (11 years, 3 months ago) |
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Quote:
Grumpyorc said: If the cops want you they will just go knock on your door, and when you open it say they smell weed, and search and bust you. its as simple as that and it holds up in court as probable cause. go dark if you think youve been exposed
Please stop spreading misinformation. The smell of marijuana along with the circumstances may or may not be probable cause, but that doesn't give them the right to enter the house without a warrant in the US. This is serious stuff, please be sure of your facts before offering unqualified declarations on the law.
If the police knock on your door, I would simply not answer. If they have a warrant they're coming in anyways- no need to even confront them and give them the opportunity to claim you gave them consent or told them something that could be put in a warrant application. When the police come knocking, they don't bring along prizes, its pretty much always a bad idea to interact with them, especially if you are innocent.
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Anonymous #1
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Re: What would happen if somebody told cops about a grow? [Re: johnm214]
#17733919 - 02/02/13 05:52 PM (11 years, 3 months ago) |
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was pretty much what I was thinking.
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Jabbawaya

Registered: 07/10/05
Posts: 1,479
Last seen: 10 years, 5 months
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Re: What would happen if somebody told cops about a grow? [Re: johnm214]
#17734554 - 02/02/13 07:30 PM (11 years, 3 months ago) |
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Quote:
johnm214 said: When the police come knocking, they don't bring along prizes, its pretty much always a bad idea to interact with them, especially if you are innocent.
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ch1ck3n.s0up
Troubled Loner



Registered: 10/03/08
Posts: 2,573
Loc: Hunting Fungi
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Re: What would happen if somebody told cops about a grow? [Re: Anonymous #1]
#17737138 - 02/03/13 07:33 AM (11 years, 3 months ago) |
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Quote:
Anonymous said: If somebody is growing something illegal in their home and somebody got mad at em and told the fuzz they had a grow in progress, what would happen?
Is that enough for a warrant? Would they need to witness something for themselves? Would they need a controlled buy or something?
Pretty much just wondering if the cops can act on just a tip........and how that would work.
Thanks
So, here's the reality; never forget this: This drug war is huge steaming mass of bullshit designed to make money for the police, lawyers, prison system, and others.
Sooner or later your house will be searched. If you own, it will be seized and sold to pad the budget of the local police station--probably your car too.
If the police raid your home and find a grow, they'll put together some bullshit that justifies a warrant. Even if they're dead wrong, you'll still have months of unbelievable stress and a huge legal bill to pay.
-------------------- "Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station "Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.
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Grumpyorc
Ghost


Registered: 09/14/09
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Re: What would happen if somebody told cops about a grow? [Re: johnm214]
#17741212 - 02/03/13 10:25 PM (11 years, 3 months ago) |
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Quote:
johnm214 said:
Quote:
Grumpyorc said: If the cops want you they will just go knock on your door, and when you open it say they smell weed, and search and bust you. its as simple as that and it holds up in court as probable cause. go dark if you think youve been exposed
Please stop spreading misinformation. The smell of marijuana along with the circumstances may or may not be probable cause, but that doesn't give them the right to enter the house without a warrant in the US. This is serious stuff, please be sure of your facts before offering unqualified declarations on the law.
If the police knock on your door, I would simply not answer. If they have a warrant they're coming in anyways- no need to even confront them and give them the opportunity to claim you gave them consent or told them something that could be put in a warrant application. When the police come knocking, they don't bring along prizes, its pretty much always a bad idea to interact with them, especially if you are innocent.
The supreme court in texas and like 10 other states and ruled the smell of marijuana as probably cause to search. I just got busted in my car with a half pound and they searched because of the smell. Your DAMN RIGHT this is serious buisness and I'v done my homework. I'm about to do about 5 years in state prison because I ignored the possibility of them smelling marijuana. If the cops want to come in and search they fucking will and unless you have 20 grand to throw to a lawer, and the willingness to go to jury trial your ass is grass. If you have any chance at exposure it is safer to stop what your doing instead of rely on a legal technicallity that the police know how to circumvent. If you feel like its safe to keep growing shrooms because you think you can lawyer your way out of it when they come knocking be my guest, but keep in mind that those shrooms arent worth throwing your life away. you can always start over when things cool down
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Grumpyorc
Ghost


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Re: What would happen if somebody told cops about a grow? [Re: Grumpyorc]
#17741220 - 02/03/13 10:26 PM (11 years, 3 months ago) |
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oh ya and in my case the weed was vaccum sealed and i had febreezed my car, so they lied about the smell. they have no problem with lying at the scene and in court edit- and i understand that a stopped car falls under different rules then a house but the cops are pit bulls, and will come up with a bullshit reason if they need to
technically for them to raid your house they have the have a trusted informant tell them what your doing and he has to have seen it. and for them to be a trusted informant they have to be under thier employment ot have a contract drawn up to reduce thier time. so just a random person telling them about your grow isnt technically enough for a warrent but like I said if they think they can make a bust they will come up with a reason to come in
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Edited by Grumpyorc (02/03/13 10:52 PM)
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: What would happen if somebody told cops about a grow? [Re: Grumpyorc]
#17741674 - 02/03/13 11:58 PM (11 years, 3 months ago) |
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Quote:
Grumpyorc said:
Quote:
johnm214 said:
Quote:
Grumpyorc said: If the cops want you they will just go knock on your door, and when you open it say they smell weed, and search and bust you. its as simple as that and it holds up in court as probable cause. go dark if you think youve been exposed
Please stop spreading misinformation. The smell of marijuana along with the circumstances may or may not be probable cause, but that doesn't give them the right to enter the house without a warrant in the US. This is serious stuff, please be sure of your facts before offering unqualified declarations on the law.
If the police knock on your door, I would simply not answer. If they have a warrant they're coming in anyways- no need to even confront them and give them the opportunity to claim you gave them consent or told them something that could be put in a warrant application. When the police come knocking, they don't bring along prizes, its pretty much always a bad idea to interact with them, especially if you are innocent.
The supreme court in texas and like 10 other states and ruled the smell of marijuana as probably cause to search.
So what? The issue isn't what is probable cause but what is a reasonable search. Searching a residence requires more than probable cause, it generally requires a warrant absent specific exceptions.
Quote:
I just got busted in my car with a half pound and they searched because of the smell. Your DAMN RIGHT this is serious buisness and I'v done my homework.
Fine, then cite me the case ruling a warantless search of a residence legal if the cops smell marijuana. I'll be happy to see it.
Quote:
If the cops want to come in and search they fucking will and unless you have 20 grand to throw to a lawer, and the willingness to go to jury trial your ass is grass.
You seem confused. Exclusionary motions are handled by a judge, and I'm discussing constitutionality, not what cops will do. You may well run into a cop that will plant pot on you, none of that is relevant.
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Humility
Working on it



Registered: 10/07/08
Posts: 6,745
Last seen: 7 years, 2 months
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Re: What would happen if somebody told cops about a grow? [Re: johnm214]
#17743294 - 02/04/13 11:42 AM (11 years, 3 months ago) |
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john - I think grumpy and you are disagreeing based on a misunderstanding.
The cops most CERTAINLY can search your house if you open the door and they claim to smell cannabis or see anything related to cannabis. Probable cause via the "plain sight" doctrine, same applies to cannabis odor.
What is a bit more difficult for police is to force open a door that's closed after claiming they smell cannabis. The fact that it could be emanating from multiple residences or in the nearby vicinity gives the homeowner a bit of lee-way there.
Bottom line though - if cops claim they "smell weed" they CAN and WILL obtain a court order pursuant to informing a judge that as a "Trained police officer" they "recognize the smell of cannabis" and distinctly "recognized the smell of cannabis emanating from the residence".
It's happened hundreds, thousands of times and I"d have no problem pulling up several links, on shroomery at that, that detail people being busted pursuant to cops claiming to smell weed outside of a residence. It admittedly would be much harder for me to find instances of that happening when the door was closed and remained closed but if cops say they smell illegal drugs coming from your home they will bust in and be legal in doing so.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: What would happen if somebody told cops about a grow? [Re: Humility]
#17743433 - 02/04/13 12:12 PM (11 years, 3 months ago) |
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Quote:
Humility said: The cops most CERTAINLY can search your house if you open the door and they claim to smell cannabis or see anything related to cannabis. Probable cause via the "plain sight" doctrine, same applies to cannabis odor.
False. If they see contraband through an open door, they can seize it, true...but that doesn't allow them to search the whole house. Plain smell is a whole other thing, though, and the SCOTUS has never upheld a warrantless search of a house based on plain smell doctrine.
The general rule is that a warrant is required to search a residence even if they have probable cause. This is not true of a car, however.
To answer the OPs question, however, a sworn statement from a witness claiming to have seen your marijuana grow is plenty to get a warrant.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #1
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Re: What would happen if somebody told cops about a grow? [Re: Enlil]
#17743451 - 02/04/13 12:14 PM (11 years, 3 months ago) |
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I wasn't referring to a marijuana grow, but point taken. Thanks a lot.
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Grumpyorc
Ghost


Registered: 09/14/09
Posts: 2,041
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Re: What would happen if somebody told cops about a grow? [Re: Humility]
#17743601 - 02/04/13 12:43 PM (11 years, 3 months ago) |
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Quote:
Humility said: john - I think grumpy and you are disagreeing based on a misunderstanding.
The cops most CERTAINLY can search your house if you open the door and they claim to smell cannabis or see anything related to cannabis. Probable cause via the "plain sight" doctrine, same applies to cannabis odor.
What is a bit more difficult for police is to force open a door that's closed after claiming they smell cannabis. The fact that it could be emanating from multiple residences or in the nearby vicinity gives the homeowner a bit of lee-way there.
Bottom line though - if cops claim they "smell weed" they CAN and WILL obtain a court order pursuant to informing a judge that as a "Trained police officer" they "recognize the smell of cannabis" and distinctly "recognized the smell of cannabis emanating from the residence".
It's happened hundreds, thousands of times and I"d have no problem pulling up several links, on shroomery at that, that detail people being busted pursuant to cops claiming to smell weed outside of a residence. It admittedly would be much harder for me to find instances of that happening when the door was closed and remained closed but if cops say they smell illegal drugs coming from your home they will bust in and be legal in doing so.
indeed, if you dont open the door your better off.
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