Home | Community | Message Board


Out-Grow.com - Mushroom Growing Kits & Supplies
Please support our sponsors.

Feedback and Administration >> Shroomery News Service

Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Jump to first unread post. Pages: 1
Invisibleveggie

Registered: 07/26/04
Posts: 13,985
Loc: Flag
Marijuana seized illegally, judge rules [IN]
    #4410514 - 07/16/05 02:57 AM (11 years, 7 months ago)

Marijuana seized illegally, judge rules
July 15, 2005 - thestarpress.com

MUNCIE - Marijuana seized from a Yorktown-area property last summer cannot be used as evidence against the owner because state police did not have a search warrant, a Delaware County judge has ruled.

State police troopers in an airplane observed marijuana plants in a wooded area near Steven Humbert's mobile home, at 9401 W. River Valley Road, on Sept. 23, 2004, according to court documents.

Troopers on the ground then entered the property, seized the plants and arrested Humbert when he arrived home later that day.

Humbert's attorney, Michael J. Alexander, filed a motion to suppress the marijuana as evidence because police had trespassed on his client's property without a search warrant.

Delaware Circuit Court 1 Judge Marianne Vorhees sided with Alexander and ruled the drugs could not be used as evidence.

Nothing prevented the officers from securing the property long enough to obtain a search warrant from a judge, Vorhees wrote in her ruling.

In certain instances, police are allowed to seize property if "exigent circumstances" exist.

It must be a situation where people are in imminent danger, evidence faces imminent destruction or a suspect will escape.

Humbert had been charged with possession of marijuana, possession of a controlled substance and possession of paraphernalia. As of Friday the case had not been dismissed.


Post Extras: Print Post  Remind Me! Notify Moderator
OfflineGNIOM1498
Death Cup
 User Gallery

Registered: 12/15/04
Posts: 945
Loc: My home is where my spiri...
Last seen: 4 months, 17 days
Re: Marijuana seized illegally, judge rules [IN] [Re: veggie]
    #4414660 - 07/17/05 02:00 PM (11 years, 7 months ago)

Yes win one for the good guys.


--------------------

----ALL MY POSTS ARE FICTIONAL-------


Post Extras: Print Post  Remind Me! Notify Moderator
Offlinearchetypal
Stranger
Registered: 07/15/05
Posts: 54
Last seen: 11 years, 7 months
Re: Marijuana seized illegally, judge rules [IN] [Re: veggie]
    #4414728 - 07/17/05 02:27 PM (11 years, 7 months ago)

Quote:

the case had not been dismissed




not much of a win, just one piece of evidence, he's likely on his way to jail


Post Extras: Print Post  Remind Me! Notify Moderator
InvisibleThe_Green_Glow
i consume yasoul

Registered: 02/20/05
Posts: 160
Re: Marijuana seized illegally, judge rules [IN] [Re: archetypal]
    #4416639 - 07/17/05 11:10 PM (11 years, 7 months ago)

either way its a loss, its not like he gets the plants back. and lawyer's arent free.


--------------------
"are you goin to hell or heaven? did you walk with the sinners or pray with the reverend? tell the truth i did a little of both, but aint no tellin where im goin til my bodies a ghost." --Twiztid


Post Extras: Print Post  Remind Me! Notify Moderator
Offlinescatmanrav
Brainy Smurf

Registered: 05/08/04
Posts: 11,483
Loc: Flag
Last seen: 4 years, 1 month
Re: Marijuana seized illegally, judge rules [IN] [Re: The_Green_Glow]
    #4418657 - 07/18/05 01:20 PM (11 years, 7 months ago)

Since the plants were spotted on a fly over, then everything happened, it was most likly their only evidence. Nothing else seized in his home would have applied either (bud or pipes ect) since they had no right to search that either. Once you throw out the probable cause for the evidence and arrest, he pretty much has it set. Plants are a small loss and he probably didnt pay for them, and chances are he made more then the lawyers fee (and the plant) in his life prior to this, without getting caught. If there was no other evidence (likly) then its likly he'll get off and also likly he'll have spent less on the experience then hes made on it (of course this is speculation, not knowing all facts)...sounds like a win to me :cheers:


--------------------
"life is like a drop of rain getting closer and closer to falling into a lake, and then when you hit the lake there is no more rain drop, only the lake."

Growing with bags, start to finish (including my new grain and substrate prep)
Anyone looking to start bulk tubs/mono tubs/shotgun hybrids? Good tubs to use..
How I do grain (old still good tips)
Turn your closet into a fruiting chamber
Casing layer colonization and overlay


Post Extras: Print Post  Remind Me! Notify Moderator
Jump to top. Pages: 1

Feedback and Administration >> Shroomery News Service

Similar ThreadsPosterViewsRepliesLast post
* Judge wants medical marijuana user to get pot in jail Bridgeburner 2,462 9 03/29/07 02:47 AM
by Flop Johnson
* Judge rules couple should get their marijuana back elcharrosays 1,533 9 12/04/07 01:16 PM
by elbisivni
* Judge Rules Mushroom Search Legal AnnoA 965 0 04/06/04 07:07 PM
by Anno
* BC judge rules current medicinal marijuana laws unconstitutional [CAN] veggie 936 0 03/10/09 02:55 AM
by veggie
* MAPS News: April 2009 - Marijuana Farm Awaits Final Ruling FurrowedBrow 2,486 2 04/18/09 02:42 PM
by Cognitive_Shift
* Marijuana dispensary wins court ruling [CA] veggie 8,710 6 07/04/08 06:00 PM
by GoldenCapAttack
* Judge rules against Alaska marijuana law motamanM 2,622 14 07/12/06 06:46 PM
by coda
* Judge rules Canada's pot possession laws unconstitutional veggie 1,249 3 07/14/07 08:56 AM
by veggie

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: motaman, karode13, Alan Rockefeller, naum, Mostly_Harmless
1,110 topic views. 0 members, 9 guests and 4 web crawlers are browsing this forum.
[ Toggle Favorite | Print Topic | Stats ]
Search this thread:
MRCA Tyroler Gluckspilze
Please support our sponsors.

Copyright 1997-2017 Mind Media. Some rights reserved.

Generated in 0.029 seconds spending 0.002 seconds on 14 queries.