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Busted growing shrooms at school in NY - Questions
    #5242223 -

I could tell you the whole story of what happened but I'll just keep it to a minimum. I live in on campus apartments at a university in NY state and was growing approximately 55 jars of 5 different strains of mushrooms. This was the first time I had tried to grow mushrooms and had about 16 of my cakes fruiting and the rest still colonizing. Anyways the campus safety officers responded to a fire alarm at our apartment (my roomies had been smoking marijuana in their room, I have my room to myself) and proceeded to secure the apartment. When the fire department showed up (they have to respond to all fire alarms on campus) they found the incense and said that it was the source but they also said they smelled marijuana. So then the campus safety officers pull the consent to search sheets out, read us our rights, and us thinking they'd only find the weed and pieces we had around the apartment gave them the right. Upon searching the other room they found my roomie's growing setup. As I had not been smoking and was studying in my own room they were leniant with me, only took my pipe, until they found my growing setup in the closet. We explained they were only for personal use and that it was the first time and we were just experimenting, so they believed us on that.

But basically they hauled it all away and we wrote an incident report. Now since this is a private university stuff is handled internally first (aka the cops are not notified unless the school wants to notify them) and then goes from there. Here are my questions:

1. What is the law in NY concerning mushrooms, growing them and any other useful information? Links are nice
2. Do you think this will be refered to the police (I'm almost assuming yes)
3. Any other useful information because I believe I'm screwed?

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Re: Busted growing shrooms at school in NY - Questions [Re: Dnuobe]
    #5242243 -

Dnuobe said:
1. What is the law in NY concerning mushrooms, growing them and any other useful information? Links are nice



The laws in every state are really really bad in regards to mushrooms. There are no lenient states. The fact that you had 55 jars immediately is going to make some zealous D.A. want to nail you for intent to deliver.

Dnuobe said:
2. Do you think this will be refered to the police (I'm almost assuming yes)


Who knows? Lay low. Don't do dumb shit. Be completely clean.

The campus cops will either not give a shit or they will. If they give a shit they will turn you in. If they turn you in and you get arrested or notified of prosecution, don't say a word. Immediately ask for a lawyer and keep your mouth shut.

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Re: Busted growing shrooms at school in NY - Questions [Re: Dnuobe]
    #5242294 -

I don't know much about the mushroom laws in NY.

But I was in a situation where I was in deep shit with my school and they were planning to hand it over to the local authorities. So I might be able to give you some advise there. If you're lucky, they'll call you in for a hearing or two. Those meetings are your chance to keep this within the school. If possible, learn who will be at them and study up on those people. Know your university's conduct code like the back of your hand. Rehearse what you're going to say. Have a good argument ready for why they shouldn't hand you over to the government (honestly, pretty tough considering what they've got you on). Try to find anyone at your school who's been in a similar situation and talk to them. Show up looking clean and well rested. Be prepared to make a choice between getting expelled and getting turned over to the cops. Kiss their ass. Don't get all preachy.

Good luck.


--------------------
what's with neocons and the word 'ilk'?

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Re: Busted growing shrooms at school in NY - Questions [Re: Gijith]
    #5242669 -

Great Advice by Gijith, you should follow it to a tee.

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Re: Busted growing shrooms at school in NY - Questions [Re: Dnuobe]
    #5242798 -

Good job giving them permission to search where you have illegal things.
Your choices at the time were

1) Say "Yes". They'll search and everything they find is legally admissible. You clearly knew that you had illegal things, so I'm totally at a loss for why you'd do this.

2) Say "No". Maybe they'd search anyway. Then your lawyer could find some loophole there or make sure that they followed their procedures properly.


Their are very few occasions when you should give permission to search. If they didn't find anything illegal on their cursory inspection, they couldn't perform a more in depth one with out your permission. Also, they may have had the right just because you live in the dorms. Stop making constant, stupid mistakes.


--------------------
"I have never, in all my life, not for one moment, been tempted toward religion of any kind. The fact is that I feel no spiritual void. I have my philosophy of life, which does not include any aspect of the supernatural."
Isaac Asimov

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Re: Busted growing shrooms at school in NY - Questions [Re: Dnuobe]
    #5242901 -

depending on the specific circumstances, especially the legal implications of a "campus security officer" rather than a police officer finding this stuff, this becomes a little too complicated for any of us who are not lawyers familiar with NY state criminal law to answer. the only thing i can say is: 'damn, that was pretty stupid. get a lawyer if they charge you.'

to answer your question about the consequences of getting caught: very bad. i know you don't need to be hearing this right now, but that's something you should have been thinking about before growing mushrooms in a residence hall that you had previously consented to have searched. then smoking weed on top of that! jeeze. did it not strike you as a recipe for total disaster? i hope it works out alright for you. we don't need to be making cops' jobs easier for them or sending ourselves to jail.


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Re: Busted growing shrooms at school in NY - Questions [Re: wilshire]
    #5242955 -

why were your roommates smoking in there, why the hell did you let them? that was incredibly stupid. Dawg, its common fucking sense. Talk to a fucking lawyer immediately, have him contact your school. Do not rush into this without consulting a lawyer. You may be able to save face and yourself against prosecution. Your school my well be pleased at the initiative and concern you show by hiring a lawyer. Also he will, undoubtedly be better with words than you and may be able to state your case to the administration for you in a way that is positive and not fraught with apparent lack of common sense.

Thus I have spoken.

Oh yeah, no more smoking where copious amounts of felonies are fruiting.


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Asshole

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Re: Busted growing shrooms at school in NY - Questions [Re: Dnuobe]
    #5242993 -

Why did you..

1) Give them permission to search somewhere you knew you had illegal items.


2) SPEAK TO THEM about said items. When you are in trouble, if you say anything other than "I have nothing to say", you are doing something wrong. If you'd have said "Oh sure, I'm continuing a microbiology project! I'm growing some white button mushrooms! WOuld you like some? I have some in the fridge that I've already harvested!" That might have saved your ass. Why admit that they were illegal?

It just blows my mind how dumb people can be when dealing with cops. I've been in some pretty shitty police-involved situations and I've always gotten out of them pretty well on my own by just being a quick thinker and knowledgable of my rights.


--------------------
"I have never, in all my life, not for one moment, been tempted toward religion of any kind. The fact is that I feel no spiritual void. I have my philosophy of life, which does not include any aspect of the supernatural."
Isaac Asimov

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Re: Busted growing shrooms at school in NY - Questions [Re: MisterMyco]
    #5243043 -

I think the probable cause had allready been established though. He reports that the fire department said they detected the smell of marichana. Also there is the small problem of having set off a fire alarm.

Still they did have to sign consent forms, I am not sure what that was all about.


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Asshole

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Re: Busted growing shrooms at school in NY - Questions [Re: nakors_junk_bag]
    #5243339 -

To answer a few of the questions..

I live in an on-campus apartment, not the dorms

Basically if I would've not consented to the search they would've stayed right there and went and got a warrant, it's just a university, not the police so it's much easier for them to obtain this

I wasn't smoking in apartment at the time, but we often did. This is the first time the fire alarm had gone off, my roommates smoke cigerettes so it had definitely been much smokier (sp?).

There are so many things I should've done and I realize this, hell I've been thinking of things I should've done different every minute since. The thing is there is nothing I can do now so I kind of want to take my mind off that.

As for the hearings, yeah I'll have to meet with the head of student conduct and they'll decide on what to do next. I'm already coming up with the things I want to say and definitely want to make a good impression. I have no intention on trying to make a point, all I want to do is show them how dumb I was and how much staying at this school means to me. It was already established by the campus safety officers that I had no intent to sell any of these and they were for personal consumption, so we'll see if that holds up. I've come to the realization that I'm screwed, just tryin to save what little bit I can.

As for a lawyer, I had only planned on getting one if it was turned over to the police, but I'm not even sure a lawyer could sit in on the school's hearing? If it does come to that though I would have to contact my parents I suppose and see what they could do. Thanks for all the help though guys, I really do appreciate it!

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Re: Busted growing shrooms at school in NY - Questions [Re: Dnuobe]
    #5243349 -

live and let die,

chalk this one to the game.

learn.

I have a feeling it will be well for you, maybe some probation an such, but who knows. Good luck.


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Asshole

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Re: Busted growing shrooms at school in NY - Questions [Re: Dnuobe]
    #5243360 -

Dnuobe said:
Basically if I would've not consented to the search they would've stayed right there and went and got a warrant, it's just a university, not the police so it's much easier for them to obtain this



Then you'd have said "OK, well, I'm going to move some of my property out. You don't have any evidence that I've committed a crime and you certainly don't have the authority to hold me against my will. See ya later" and moved the stuff out. When the cops got there, you'd say "I have nothing to say" until they realized that you weren't scared of them and they'd leave.
Quote:
There are so many things I should've done and I realize this, hell I've been thinking of things I should've done different every minute since. The thing is there is nothing I can do now so I kind of want to take my mind off that.



Just wait and see what happens. Go to your administrator and tell them that your jars of legal mushrooms were taken from you and that you'd like them back.
Quote:
As for a lawyer, I had only planned on getting one if it was turned over to the police, but I'm not even sure a lawyer could sit in on the school's hearing? If it does come to that though I would have to contact my parents I suppose and see what they could do. Thanks for all the help though guys, I really do appreciate it!


A lawyer can sit in anywhere that you want him too. If your school refuses to allow you to bring whomever you want, within reason, ask them why. Then tell your lawyer and see what he says. The best step would be tow ait and see what they do, then to hire a lawyer. If you are getting in legal trouble over this, it won't be too hard for him to get you out.


--------------------
"I have never, in all my life, not for one moment, been tempted toward religion of any kind. The fact is that I feel no spiritual void. I have my philosophy of life, which does not include any aspect of the supernatural."
Isaac Asimov

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Re: Busted growing shrooms at school in NY - Questions [Re: MisterMyco]
    #5243376 -

he si right bout one thing, you can have your lawyer present with you anywhere you like.


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Asshole

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Re: Busted growing shrooms at school in NY - Questions [Re: nakors_junk_bag]
    #5243822 -

head to mexico right now.


--------------------
"Religion without science is blind, Science without religion is lame." Albert Einstein

"peace is not maintained through force it is acheived through intelligence." Albert Einstein

"Those who desire to give up Freedom in order to gain Security, will not have, nor do they deserve, either one."
Thomas Jefferson

"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical." --Thomas Jefferson

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Re: Busted growing shrooms at school in NY - Questions [Re: MisterMyco]
    #5243959 -

MisterMyco said:
Then you'd have said "OK, well, I'm going to move some of my property out. You don't have any evidence that I've committed a crime and you certainly don't have the authority to hold me against my will. See ya later" and moved the stuff out. When the cops got there, you'd say "I have nothing to say" until they realized that you weren't scared of them and they'd leave.



can you elaborate on that?


--------------------
I am the MacDaddy of Heimlich County, I play it Straight Up Yo!

....I embrace my desire to feel the rhythm, to feel connected enough to step aside and weep like a widow, to feel inspired, to fathom the power, to witness the beauty, to bathe in the fountain, to swing on the spiral of our divinity and still be a human......
Om Namah Shivaya, I tell you What!

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Re: Busted growing shrooms at school in NY - Questions [Re: leery11]
    #5243983 -

Yeah, I'm wondering if that would really work.

Dnuobe, I'm really sorry that this happened to you.






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


Mp3 of the month: Wild Things- Another Colored Ink Drawing (A.C.I.D.)


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Re: Busted growing shrooms at school in NY - Questions [Re: leery11]
    #5244049 -

leery11 said:
can you elaborate on that?


Sure. If they are ASKING permission to search your dorm, they don't have probable cause. A policeman with a search warrant (or one that sees a dead hooker in your back seat) doesn't ask your permission to search your property, he doesn't need it any longer. If they are asking for your concent, you may refuse to give it. Refusal to give concent to a search can't be used as "evidence" that you are hiding something. If a cop says "You are going to stand right here while I get a search warrant", your reply should be "Are you detaining me or arresting me? If you are, I'd like to contact my lawyer as soon as possible". Law enforcement officers rely on fear tactics to control people. I see it all the time on Cops, the guy with 20kees of yay in his trunk gives the cops permission to search his car, they find it, and he goes to jail. JUST SAY NO.

Now, if it's campus police, you are in a position that varies by campus. It's not YOUR property, it's THEIR property. You are technically renting it from them so you are given certain rights, but most campus' that I've visited or stayed in reserved the right to search it at their discresion. Again, if you'd have just said no, then grabbed a box of stuff and left, they couldn't use physical force to stop you. The biggest thing that they could have done would have been academic related. Suspension, explusion from the dorms, expulsion from the school. However, when it's take that or take a felony distribution charge, it's not a hard choice.

You just have to know how to deal with policemen and their ilk. I've been in some shitty situations before and my ability to talk to people has gotten me out of them. I was caught smoking pot in a federal park one time, now, thats somewhat bad, but it's not as bad as the loaded pistol that I had in my backpack. Wanting to avoid a search, I admitted I had pot, told them what part of my pack it was in, and was as friendly as I could be. I wasn't even charged, they just confiscated it. They didn't search and find my massive "Evidence bomb" in the pack.


--------------------
"I have never, in all my life, not for one moment, been tempted toward religion of any kind. The fact is that I feel no spiritual void. I have my philosophy of life, which does not include any aspect of the supernatural."
Isaac Asimov

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Re: Busted growing shrooms at school in NY - Questions [Re: blaze2]
    #5244283 -

Ive found from my year of living in a dorm, that the cops seem to think they have any right they want. I was in my friends dorm room one day, we were watching Annie Hall, drinking, smoking weed and whatnot, when we hear a knock. We were going to open it as we figured, its a friend who wants to come in, then this loud voice reverberates through the wood, this is the police department open up. So we started to put everything away, trying to air the place out, sprayed some perfume this girl had, blew some lines of oxycontin off the table, and then contemplated our next action. The cop yells again, if you dont open up we are coming in and arresting all of you. So we were like, wait what the fuck? Then he tries the door, it was locked, so he starts banging on the door and says he will knock it down if we dont open up. Clearly he wouldnt knock it down, but this was all a very odd situation. So I go open the door up, walk outside and have a talk with him. He said that a passing RA, not even from this hall, (our RA was totally chill and would let us blaze openly), saw us drinking beer when we had our door open briefly. I said that there was a grad student there who was drinking, and thats the alcohol he must have seen, and if he didnt mind Id like to go back in and watch Annie Hall. He called me a smart ass and made me order everybody out of the room. They made us sit down in the hall, while other students walked by us wondering what was going on,while the cops proceeded to search the entire room for 20 minutes. I stood up after 10 minutes, saying I had studying to do and needed to go. A cop claimed I was resisting and grabbed my hands, and forceably shoved me down. I asked him what hte fuck crime I had committed, and he said, 'well we'll know that in a minute.' At that comment I started to openly make fun of the cop for being overweight, and a bullshit person. Probably not the most mature or wise move, but I had to get rid of some stress. At the end they let everyone go, charging two people with marijuana posession.

Now, were I in my apartment, and a cop tried that, I think I might have attacked him.

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Re: Busted growing shrooms at school in NY - Questions [Re: MisterMyco]
    #5244543 -

Campus security doesn't need probable cause. Dorms and college apartments are the college's property: they have the right to enter them at any time for any reason.


--------------------
"I'm afraid of losing my obscurity. Genuineness only thrives in the dark. Like celery."
- Aldous Huxley

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Re: Busted growing shrooms at school in NY - Questions [Re: TinTree]
    #5244862 -

great job, not knowing your rights.
also , havent you ever read anything about growing?

you would know that it is VERY VERY VERY important to NEVER grow in a public area or at your parents house.

not to in anyway be a dick, but why dont people understand that this hobby is VERY illegal, and should ONLY be done when you have your own place or someone elses place. preferably an adult.


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At times I get consumed by my everyday life and will leave the Shroomery. Yet, every time drugs come falling into my life for fun.....I always think about the Shroomery and then I'm back!

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