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Morel Guy
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Re: Never speak to the police. [Re: ZombiWurm]
#26391170 - 12/19/19 05:48 PM (4 years, 1 month ago) |
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Quote:
ZombiWurm said: Seeing a grow is not a legal excuse to enter or get a warrant.
Soooo not true
-------------------- "in sterquiliniis invenitur in stercore invenitur" In filth it will be found in dung it will be found
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Alan Rockefeller
Mycologist

Registered: 03/10/07
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Re: Never speak to the police. [Re: ZombiWurm]
#26391371 - 12/19/19 07:30 PM (4 years, 1 month ago) |
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Quote:
ZombiWurm said: Why did you have 500 species of mushrooms in your car in the first place?
It was all the mushrooms I found in Mexico this summer.
Quote:
ZombiWurm said: Seeing a grow is not a legal excuse to enter or get a warrant.
Seeing a grow would definitely give them the probable cause they need to get a warrant. It's happened to many growers of edible mushrooms.
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Morel Guy
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Seeing a grow gives probable cause. Therefore no warrant.
-------------------- "in sterquiliniis invenitur in stercore invenitur" In filth it will be found in dung it will be found
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ZombiWurm
Stranger

Registered: 10/15/18
Posts: 644
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A decent attorney could beat those charges. So what, seeing mycelium is probable cause to search a building? That violates so many constitutional rights. It's the same as the police stopping someone just for carrying a gun. It's illegal to stop and search someone for open carrying a firearm where it's legal to open carry. It's legal to grow mushrooms and therefore illegal for the police to search based solely on seeing a grow. If they see mycelium and test it for psilocybin it's an illegal search and seizure automatically.
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ZombiWurm
Stranger

Registered: 10/15/18
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Re: Never speak to the police. [Re: ZombiWurm]
#26391664 - 12/19/19 10:50 PM (4 years, 1 month ago) |
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Wheres the probable cause in the first place? "it looks odd and maybe illegal"? That's not enough. Unless the cop knows exactly what he or she is looking at and can prove they knew what they were looking at then it's a bullshit charge.
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,276
Last seen: 2 hours, 6 minutes
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Re: Never speak to the police. [Re: ZombiWurm]
#26391802 - 12/20/19 02:24 AM (4 years, 1 month ago) |
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Quote:
ZombiWurm said: A decent attorney could beat those charges.
Occasionally, but only sometimes.
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So what, seeing mycelium is probable cause to search a building?
Yes - seeing mycelium meets the standard for probable cause. See https://en.wikipedia.org/wiki/Probable_cause.
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That violates so many constitutional rights.
Which ones does it violate? I can't think of any off of the top of my head.
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It's the same as the police stopping someone just for carrying a gun. It's illegal to stop and search someone for open carrying a firearm where it's legal to open carry. It's legal to grow mushrooms and therefore illegal for the police to search based solely on seeing a grow. If they see mycelium and test it for psilocybin it's an illegal search and seizure automatically.
I don't think a judge would see it that way. Police generally don't stop people for carrying a gun in open carry areas, though talking to the person a bit wouldn't be a bad idea.
Many people who grow mycelium are growing actives, so seeing mycelium gives them cause to investigate further. It's no different than seeing a bag of white powder on the table through a window. Sure, it might be salt, but it could also be cocaine, so seeing it gives them probable cause to check.
Quote:
ZombiWurm said: Wheres the probable cause in the first place? "it looks odd and maybe illegal"? That's not enough. Unless the cop knows exactly what he or she is looking at and can prove they knew what they were looking at then it's a bullshit charge.
Can you provide a source that says that seeing something "odd and maybe illegal" isn't probable cause to check to see if it is legal? That's basically the point of probable cause - to give the police the ability to check out something that could be illegal.
This is another reason that psilocybin mushrooms and their cultivation should be legalized - we shouldn't be paying the police good money to police mycelium.
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Jokeshopbeard
Humble Student

Registered: 11/30/11
Posts: 26,088
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Re: Never speak to the police. [Re: ZombiWurm] 2
#26391967 - 12/20/19 06:00 AM (4 years, 1 month ago) |
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Quote:
ZombiWurm said: Wheres the probable cause in the first place? "it looks odd and maybe illegal"? That's not enough. Unless the cop knows exactly what he or she is looking at and can prove they knew what they were looking at then it's a bullshit charge.
I think you very much overestimate your own power and very much underestimate that of TPTB. You seem to think you have a chance of fighting them and winning and being righteous too. You must be young and/or have very little experience with them, because as anyone who's had a bunch of run in's knows, right and wrong doesn't matter, once you're in their clutches; they'll get away with much, and you with little. It's just the nature of the beast, and the sooner you learn to understand it and work with it, the less you'll actually suffer.
-------------------- Let it be seen that you are nothing. And in knowing that you are nothing... there is nothing to lose, there is nothing to gain. What can happen to you? Something can happen to the body, but it will either heal or it won't. What's the big deal? Let life knock you to bits. Let life take you apart. Let life destroy you. It will only destroy what you are not. --Jac O'keeffe
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ZombiWurm
Stranger

Registered: 10/15/18
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I've beaten a lot of charges. None related to this but some things I was very guilty of.
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ZombiWurm
Stranger

Registered: 10/15/18
Posts: 644
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The police have to be able to reasonably assume that you are committing a crime to have probable cause to search. I'm sorry but It's just not enough to get a conviction. You would definitely be arrested but have a real good shot at getting the charges dropped with a good attorney. For instance with the firearm scenario, some places allow open carry but do not allow open loaded carry. you would think that means the police have the right to search your weapon because you may be committing a crime by having ammunition in your gun but it's not and the police cannot stop and search your firearm to check if it's loaded or not. They very much can stop and talk to you. In which case you don't have to stop or even speak to them..
Edited by ZombiWurm (12/20/19 11:02 AM)
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ZombiWurm
Stranger

Registered: 10/15/18
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I'm not saying don't be cautious. Just don't talk to the police.
Edited by ZombiWurm (12/20/19 11:03 AM)
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Morel Guy
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Re: Never speak to the police. [Re: ZombiWurm]
#26392289 - 12/20/19 11:03 AM (4 years, 1 month ago) |
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Man, around these parts having a record is pc. Just having a record is more likely to be pulled over and a k9 in your vehicle.
A prosecutor will imply guilt based on past convictions.
Lot's of times the stack charges to get a guilty plea on some of the charges.
-------------------- "in sterquiliniis invenitur in stercore invenitur" In filth it will be found in dung it will be found
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ZombiWurm
Stranger

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Re: Never speak to the police. [Re: Morel Guy]
#26392335 - 12/20/19 11:43 AM (4 years, 1 month ago) |
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Jokeshopbeard
Humble Student

Registered: 11/30/11
Posts: 26,088
Loc: Deep in the system
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Re: Never speak to the police. [Re: ZombiWurm] 1
#26392340 - 12/20/19 11:49 AM (4 years, 1 month ago) |
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Quote:
ZombiWurm said: Just don't talk to the police.
This kind of black and white thinking is immature and dangerous.
There are ABSOLUTELY times when it is better, and safer, and wiser to do so.
-------------------- Let it be seen that you are nothing. And in knowing that you are nothing... there is nothing to lose, there is nothing to gain. What can happen to you? Something can happen to the body, but it will either heal or it won't. What's the big deal? Let life knock you to bits. Let life take you apart. Let life destroy you. It will only destroy what you are not. --Jac O'keeffe
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theRealrollforever
I DID-DENT



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Never VOLUNTEER to speak with the pricks
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sunshine said: The order has to be secret and no one is sure.
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WeKnow
Myconaut



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I’ve worked in the govt my entire career and believe me when I say, the cops are not your friends. They have to make their case/impress their supervisors/justify their employment like everyone. They get ALL of their evidence from YOU. Be polite, but never consent to a search or admit anything.
-------------------- Enjoy being alive, for you're a long time dead. --Scottish proverb
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Jokeshopbeard
Humble Student

Registered: 11/30/11
Posts: 26,088
Loc: Deep in the system
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I have a friend in England - a fellow biker and wild character - who, even in his late fourties, still walks away from pretty much every police interaction with them throwing the book at him.
At the same time, I get away with bloody murder with just a slap on the wrist. The difference? I treat cops like people doing a job. He treats cops like an oppressive force.
I'm not saying they're not the latter, but if you throw up a wall every time they question you of course they're gonna fuck with you.
Stay safe, and be wise out there people. Don't think in absolutes about anything in this life.
-------------------- Let it be seen that you are nothing. And in knowing that you are nothing... there is nothing to lose, there is nothing to gain. What can happen to you? Something can happen to the body, but it will either heal or it won't. What's the big deal? Let life knock you to bits. Let life take you apart. Let life destroy you. It will only destroy what you are not. --Jac O'keeffe
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Dilsnique
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Re: Never speak to the police. [Re: WeKnow]
#26392356 - 12/20/19 12:01 PM (4 years, 1 month ago) |
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You can't even trust them when they give you permission...
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Morel Guy
Stranger


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Re: Never speak to the police. [Re: Dilsnique]
#26392579 - 12/20/19 02:41 PM (4 years, 1 month ago) |
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We can complain about police, can't change them by challenging. It's the lawmakers that we can change. Sorely it takes a lot of money to have much effect.
-------------------- "in sterquiliniis invenitur in stercore invenitur" In filth it will be found in dung it will be found
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ZombiWurm
Stranger

Registered: 10/15/18
Posts: 644
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Re: Never speak to the police. [Re: Dilsnique]
#26393278 - 12/20/19 11:04 PM (4 years, 1 month ago) |
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Where did that take place?
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AmazonianGuru
Living Jungle Boy



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Re: Never speak to the police. [Re: ZombiWurm]
#26437114 - 01/16/20 04:33 PM (4 years, 13 days ago) |
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I heard that if you truly want to become a cop, you have to drink a keg worth of piss that contains all of the urine from every member of the force's detachment.
I'm just kididng, but do you think they have their own police style hazings? Tasering themselves and whatnot?
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