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OfflinemotamanM
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Mushroom grower?s conviction stands
    #2226676 - 01/07/04 07:41 PM (12 years, 10 months ago)

http://www.thejournalnet.com/Main.asp?SectionID=1&SubSectionID=113&ArticleID=40820

Mushroom grower?s conviction stands
By BRYAN CORBIN
Daily Journal news editor
bcorbin@thejournalnet.com

Jan. 2, 2004

The Indiana Court of Appeals has upheld the conviction of a Nineveh drug dealer who was growing illegal psychedelic mushrooms in his home.

A search warrant that incorrectly listed David T. Creekmore?s home address was not enough reason to throw out Creekmore?s conviction, the court found. Creekmore was convicted of dealing in a controlled substance and possessing more than 30 grams of marijuana.

The charges stemmed from a warrant search of Creekmore?s house in Nineveh, where detectives found an indoor-growing operation to cultivate psilocybin mushrooms. Such mushrooms have hallucinogenic properties similar to LSD; possessing or growing them is a crime.

The case began when an informant, facing his own drug charges, told a Morgan County sheriff?s detective that Creekmore was an illegal-mushroom dealer known locally as ?Dirty Dave.? That led sheriff?s detectives from Morgan and Johnson counties to request a search warrant for Creekmore?s house in Nineveh. Though the Morgan County detective knew where to find the house (near the intersection of county roads 775S and 100E), confusion over the road names led twice to incorrect addresses being listed on the search warrant: first for 775W and 100N (which don?t intersect in Nineveh) and then for 775N and 100W (which meet in Greenwood, not in Nineveh).

A Morgan County judge signed the warrant, and Creekmore?s house was searched on March 2, 2001. In a spare bedroom, detectives reportedly found four large plastic buckets outfitted with fluorescent lights and water lines, with mushrooms growing inside. Creekmore reportedly told detectives that he could harvest mushrooms every 30 days.

Detectives found more than four ounces of dried psilocybin mushrooms, with a street value of about $200 per ounce. They also found marijuana; and Creekmore was arrested.

Creekmore?s defense had contended that under the Fourth Amendment, the bad address on the search warrant made it an illegal search and seizure. Therefore, under what?s known as the exclusionary rule, the evidence seized in the search ? including the marijuana and the illegal mushrooms Creekmore was cultivating ? should have been suppressed, the defense asserted. If the evidence of Creekmore?s drug-dealing had been ruled inadmissible, the prosecution?s case against Creekmore would have fallen apart. But Judge Kevin Barton had denied Creekmore?s motion to suppress, and the evidence was allowed in.

At a bench trial with no jury in Johnson Superior Court 1 in March 2003, Creekmore was found guilty of dealing in a controlled substance, a Class B felony, and possession of marijuana over 30 grams, a Class D felony. He was acquitted of a second count of dealing. Barton sentenced Creekmore to nine years in prison, followed by six on probation.

Creekmore appealed his conviction and sentence, arguing that the search warrant was invalid. He also maintained the informant was not credible and therefore no probable cause existed to issue the warrant. His defense asked the appeals court to overturn his conviction and order a new trial.

A three-judge panel of the Indiana Court of Appeals issued its 12-page decision in late December. In a unanimous ruling, the appellate judges affirmed the conviction, finding in favor of Johnson County prosecutors and against Creekmore.

?Improper road designations did not make the warrant invalid because the warrant sufficiently described the place to be searched ...,? the decision said. ?Accordingly, the trial court did not err when (Barton) denied Creekmore?s motion to suppress.? That means Creekmore?s conviction is not overturned, and he does not get out of prison.

?This is the kind of technicality that does not require a judge to let an obviously guilty criminal walk free,? Johnson County Prosecutor Lance Hamner said. ?Judge Barton ruled correctly, and the court of appeals recognized this.?

The appeals court?s decision on Creekmore now becomes a legal precedent and could be cited as case law in future cases.

Mushrooms containing psilocybin typically are eaten to alter mood and perception in a manner similar to LSD. Commonly known as ??shrooms? among substance abusers, such mushrooms were used for centuries by American Indian cultures before gaining popularity with the 1960s drug counterculture.

Creekmore?s arrest in March 2001 was the first time in at least 12 years that Johnson County sheriff?s detectives had seen an indoor mushroom-growing operation.


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InvisibleLanaV
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Re: Mushroom grower?s conviction stands [Re: motaman]
    #2227590 - 01/08/04 08:06 AM (12 years, 10 months ago)

Wow, talk about ... BULLSHIT!!!!

"Hi judge, I need a search warrant for 123 St. but OOPS, we searched the wrong HOUSE!!! Oh well, I guess we made our quota for the week".

I would fight this tooth and nail!

Also, read closely boys and girls...

"The case began when an informant, facing his own drug charges, told a Morgan County sheriff?s detective that ..."

The case BEGAN... meaning someone told someone something.

Tell NO ONE that you grow. Now I know that this was said from an informant who may not know the mushroom grower but still...

Lana


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InvisibleJohn
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Re: Mushroom grower?s conviction stands [Re: Lana]
    #2228418 - 01/08/04 03:17 PM (12 years, 10 months ago)

I think the point of it is they didn't search the wrong house (i.e. got a warrant for your neighbor and seached your house instead) all that happened is they didn't get the exact address right, the warrant had his name on it not someone elses, at least that's how I took it and fighting obviously did no good I don't think anyone would win in a situation like that (i.e. could be called a typo)

He still got fucked though, pf got off pretty easy compared to him and though pf didn't have 4oz either.


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Invisiblechodamunky
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Re: Mushroom grower?s conviction stands [Re: motaman]
    #2229599 - 01/08/04 10:51 PM (12 years, 10 months ago)

?This is the kind of technicality that does not require a judge to let an obviously guilty criminal walk free,? Johnson County Prosecutor Lance Hamner said.

yes Mr. Hamner, you can thank the War on Drugs for making nature against the law, which has turned selling common (and in no way proven dangerous) plants into an underground market. Oh and speaking of 'technicalities', did you know Mr. Hamner that every human being (along with hundreds of animals and plants) synthesize DMT in their body? And I'm sure you're aware that DMT is a schedule 1 drug so technically your sorry ass, along with everyone else in the world should be arrested for possessing this very dangerous chemical. what? you wouldn't like that? well now, we can't have obviously guilty criminal persons, animals, and plants 'walk free' now can we?  :rolleyes:


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OfflineBaby_Hitler
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Re: Mushroom grower?s conviction stands [Re: motaman]
    #2231226 - 01/09/04 03:39 PM (12 years, 10 months ago)

Nine fucking years for weed and shrooms?


Anyone who thinks that's justice deserves to have their house blown up with them in it.


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OfflineAnansi
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Re: Mushroom grower’s conviction stands [Re: Baby_Hitler]
    #2232027 - 01/09/04 09:09 PM (12 years, 10 months ago)

I completely agree with baby_hitler. It is not fair that people who commit >>>VIOLENT<<< crimes can walk away with much less time.


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OfflinejamboUK
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Re: Mushroom grower&#8217;s conviction stands [Re: Anansi]
    #2232074 - 01/09/04 09:27 PM (12 years, 10 months ago)

Imagine how long 9 years is, and how much of a life it would waste. Just the fact that one person has to suffer that for weed and shrooms, both of which are harmless and often life-enriching, is absolutely ridiculous and saddening. But it's not the first, and it won't be the last. Drug policy can be very, very stupid.


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InvisibleStarter
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Re: Mushroom grower?s conviction stands [Re: motaman]
    #2232876 - 01/10/04 08:27 AM (12 years, 10 months ago)

I simply wouldn't do what I do if I lived in the US. Between cowardly snitches seeking escape from harsh punishments (a system the US WOD has purposely created) to the hateful sentencing -- I'm happy I live in Australia. I think the land of the brave and free is as hollow in promise as getting rich out of Amway.

I can only suggest the Americans make voting compulsory (because too few of you do vote) and elect leaders who will end this farce. Otherwise it will just go on. Freedom only comes through compulsory responsibility. Being patriotic is not enough.


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OfflinejamboUK
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Re: Mushroom grower?s conviction stands [Re: Starter]
    #2233264 - 01/10/04 03:27 PM (12 years, 10 months ago)

What are the drugs laws like in Australia? It seems a pretty forward thinking country, I'm thinking about living there after I finish my Computer Science course here in the UK.

About compulsory voting, I don't see how that would help anything. If you don't have a strong enough opinion to vote, then voting for any old party on a whim surely isn't going to help the country. Make voting easier, sure, but diluting the genuine will of people informed enough to want to vote won't solve anything.


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InvisibleStarter
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Re: Mushroom grower?s conviction stands [Re: jamboUK]
    #2234271 - 01/11/04 04:32 AM (12 years, 10 months ago)

Well psychedelic mushrooms are not legal (fresh) as in the UK. They're illegal period. But then one wouldn't get nine years prison for small time growing/dealing, esp. on first offense. As for Cannabis laws in Australia, they're progressively relaxing. Just stay the hell away from Queensland, very strict there.

As for compulsory voting, the thing is you won't just get any crowd in on the basis of apathy. Compulsory voting is how it's done in Australia. Of course, you can evade it for the rest of your life if you never register to vote. Yet most people register, simply because folks like to have a say in their local self-govt.

One last thing. World Health Organisation states Australia partakes of Cannabis greatest in population ratio of the Western World. You won't have a problem getting pot. The sun here is strong, the weed is too. It thrives.


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InvisibleHanky
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Re: Mushroom grower?s conviction stands [Re: Starter]
    #2234354 - 01/11/04 06:11 AM (12 years, 10 months ago)

cool.it's official,we're the western worlds biggest potheads. :smile:


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OfflineGlacius
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Re: Mushroom grower?s conviction stands [Re: motaman]
    #2241104 - 01/14/04 10:31 AM (12 years, 10 months ago)

Nine years! Thank god I live in Canada!! I bet I wouldnt even go to jail for that here. And yet another rapist walks free!! I bet with all the money they spent on that shit they could get some bad people of the streets.


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InvisibleTHEBOSS
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Re: Mushroom grower?s conviction stands [Re: Glacius]
    #2242834 - 01/15/04 12:19 AM (12 years, 10 months ago)

I couldnt agree with you more. Did anyone see that special on TV about smuggling weed across the borders? It was real good if ya didn't.



THE BOSS


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Offlinekindadank
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Re: Mushroom grower?s conviction stands [Re: THEBOSS]
    #2245310 - 01/16/04 02:29 AM (12 years, 10 months ago)

Yeah, this guy's sentence is absolutely rediculous. No I missed that one. What channel was it on?


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Offlinegizagaza
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Re: Mushroom grower?s conviction stands [Re: kindadank]
    #8258238 - 04/09/08 02:28 AM (8 years, 7 months ago)

yea way too harsh of a sentence, i've never liked indiana since they made me pay $400 and take a 12 hr class just for an drinking ticket


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OfflineSeussA
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Re: Mushroom grower?s conviction stands [Re: John]
    #8258682 - 04/09/08 07:21 AM (8 years, 7 months ago)

> I think the point of it is they didn't search the wrong house

Regardless of their intent, they did not search the house that was listed on the search warrant; therefore, they searched the wrong house. They had a legal right to search the house listed on the warrant and nothing else. The evidence gathered from the location that was not listed on the search warrant should have been tossed by the courts. I'm with Lana on this one...

What is to stop police from getting a search warrant for one address, then searching another, claiming that they accidentally mixed things up? Why bother having an address on the search warrant at all if it doesn't matter?


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Invisiblejohnm214
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Re: Mushroom grower?s conviction stands [Re: Seuss]
    #8258711 - 04/09/08 07:38 AM (8 years, 7 months ago)

I agree, house on warrant= house to search. This is the same shit that gets cops and innocent folks killed.


But I'd imagine the story is that the police mistyped the warrant or that the judge mistyped the warrant, and that the affidavits and supporting information correctly identified the house. If this is the case, and its shown that was the intent of the judge and police, then there's precedent.

When the magistrate makes the mistake, the court's ruled that it "punishes" the poor police to hold them to it. My view? When the warrant says X you do X. When I misread a law I sure don't get slack.


And this sentence is obscene. Just so folks realize, in my state, its a two year minimum just for the production, and we have decriminalized pot.

Just food for thought... not all non-dealers in all circumstances can escape lengthy prison sentences even if the judge wants them to.


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Offlinecoda
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Re: Mushroom grower?s conviction stands [Re: johnm214]
    #8265829 - 04/10/08 08:52 PM (8 years, 7 months ago)

by now, if it hasn't been overturned, this guy has already served 4 of his 9 year sentence


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OfflineCoaster
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Re: Mushroom grower?s conviction stands [Re: coda]
    #8270592 - 04/11/08 07:37 PM (8 years, 7 months ago)

omg i think im going to cry :sad:


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