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  #1  
Old 02-05-2008, 09:41 AM
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Default Got busted with my secret closet last night..need expert help

ok, from front to back.

We were upstairs chilling and we heard a knock, the blunt was done and gone.

Guy M opened the kitchen door with a crow bar (me and J had no idea of this till we were being questioned in the living room which had bad lighting and the kitchen would of been safer for them). 2 or less minutes later he comes upstairs and says the cops are here and to go downstairs. we go down to the kitchen were they are and they ask if anyone else is in the house. We say no. they move us to the living room were we are questioned more about whats going on, who's house this is and blah blah. M tells them it's his brothers house and he knows we're there to fix it up (the water damage in the living room. I even told them what we did. We removed the moldy ceiling tiles and swept it up a bit). M doesn't have a number to call his brother and their last names don't match up, so of course they get suspicious and ask for our id's. I gladly hand them mine and so does J. So in the living room, they look around and find tobacco, or blunt guts on the floor in open sight. one of them asks who smokes cigars and i said it was here when we got here. so thats even more suspicious and they claim we smell like weed. so they ask us if theres anyone in the house again or whatever and i/we said no, it's just us 3. he then asks again if there's someone else in the house. Again, NO! so he asks in general if he minded if he went up stairs to look. I said YES, theres no ones else here (meaning i DO mind and theres no one upstairs). So he goes on anyway and goes upstairs to look (theres a bong, hookah and gas mask up there with four 1.2 gram bags and a bunch of empty clean apple bags with a scale). comes back down a couple minutes later asking who's gas mask that is, "no idea". who's weed it was, "no idea" "it was here when we got here" same with it all. "no idea" "it was here when we got here"

So based on this alone, did they perform an illegal search? they never had suspicion to search upstairs because it WAS us 3 and we SAID it was only us 3. MULTIPLE TIMES! I also replyd to him when he said "do you mind if we search up stairs?" "yes, no ones up there"

also they took our key's (mine and J's) and one of the cops went up stairs so we CAN say he had possession of our keys when they went upstairs. So we CAN say he must of found the keys laying on the ground upstairs and placed them on the keyring, BECAUSE i had a hard time taking them off due to me biting my nails allot (that should be on cam)


Will this hold up so far or no?
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  #2  
Old 02-05-2008, 09:43 AM
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That night I only got charged with criminal trespassing, J got criminal trespassing and unlawful possession of marijuana
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Old 02-05-2008, 09:45 AM
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well what happend, did yall get in trouble or are you trying to see if you can say it was illegle to search

EDIT: damn that suck's, but how is it trespassing if you were allowed to be there and unless J has a medical card i doubt they will drop the marijuana charge
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Old 02-05-2008, 09:58 AM
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well what happend, did yall get in trouble or are you trying to see if you can say it was illegle to search

EDIT: damn that suck's, but how is it trespassing if you were allowed to be there and unless J has a medical card i doubt they will drop the marijuana charge
Well, M informed me his brother was ok if we hung out there and helped fix up the place to possibly move into the future. But we diddnt say that to the cops or anything, only about fixing it up. The detective said i could put the blame on M seeing how i JUST met the kid less than a month ago and HE said his brother was ok with us hanging out there and fixing the place up a bit.

But im still trying to see if they performed a illegal search because NOTHING was on us or down stairs (only the blunt guts in the living room). Only upstairs which i/we said no one else is in the house and when he asked if we minded if he searched upstairs, we/i said YES, meaning we DO mind, but he went upstairs anyway. Also this ISN'T/WASN'T a medical grow, just a personal grow.
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Old 02-05-2008, 10:04 AM
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how many plants did they find?
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Old 02-05-2008, 10:04 AM
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nope they had praable cause when they smelt the weed and saw the blunt/cigar
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Old 02-05-2008, 10:05 AM
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how many plants did they find?
Zip, they got in before the sour diesel even had a chance to sprout.
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Old 02-05-2008, 11:10 AM
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Default Yea sounds like they needed a warrant

Just to even come in, did they see you guys smokn up from outside? this is theonly way they couldve have prob . cuase. I am a med user and am aware that i dont even have to anwer the door when cops come to my house! You can talk thru a window. Also the need a search warrant to go anywhere in the house! Only then did thye have prob coz... well everyone who smokes cannabis should really know their rigths as much as they know the nest strains to smoke!
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Old 02-05-2008, 11:16 AM
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IRanNaked - why did you guys give them authorization to go up-stairs? You could have easily said no and they would have had to get a search warrant. That would have gave you time to get rid of the rest/closet. Also - why were the cops on site in the first place? To answer your question about the illegal search - the search was not illegal because you gave them permission to do so.... the smell of weed is not probable cause since you would have had a prescription or a med card. Never give cops authorization to look around your pad or permission to enter. In fact you don't have to answer their questions. Just a thought.
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Old 02-05-2008, 11:16 AM
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It sounds like your dumbass friend opened the door with a crowbar? A neighbor must have called the cops. What did the cop say about the growroom?
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