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forums; Originally Posted by born2killspam Here that would be considered a serendipitous discovery under exigent circumstances and could be used against ...
  1. #31
    Veteran Smoker Mr. Ganja Jogro's Avatar
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    Quote Originally Posted by born2killspam View Post
    Here that would be considered a serendipitous discovery under exigent circumstances and could be used against you in court..
    That's the "cop runs into burning building to save baby then discovers meth lab" situation. If a cop is chasing someone on foot, and they run into a building, the cop is allowed to follow them, even if he doesn't have a warrant. Then, once in there, he's not allowed to conduct a search, but anything that's out in the open that he can see is fair game, and potentially admissible as evidence.

    In this case, I doubt there were truly "exigent circumstances".

    Even if the cops legitimately thought the friend was in the house, they had it surrounded, and he wasn't going to get away. They didn't "have" to barge in.

    Ultimately, either the cops had a legal right to be in that house or they didn't.

    If they didn't, then nothing they saw there would be admissible as evidence, and I think that's probably what happened. The cops figured if they caught the suspect, they'd have him, and since they probably had a warrant for his arrest, it wouldn't matter if their entry into the dwelling was illegal, since they weren't really interested in searching it for anything other than the suspect anyway.

    Because if they actually DID have a warrant to search the place, they'd probably have arrested and charged whomever was growing illegally there.

  2. #32
    Veteran Smoker Mr. Ganja Jogro's Avatar
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    Quote Originally Posted by billybob420 View Post
    Yeah, you're gonna get a charge eventually. I'd guaran-fuckin-tee it.

    Just because the items weren't on the search warrant does not mean they weren't allow to confiscate them (that's absurd to thing that would be the case). Sure, the plants weren't included in the warrant, but that's not the point, the warrant is to gain access to the property, not a laundry list of things they're allowed to take, and have to leave anything else illegal there and forget they ever saw it. Just doesn't work like that.

    I agree with the second bit, but not the first.

    Most definitely if the cops truly had a search warrant for that property, then any pot they found along the way could legitimately be entered into evidence.

    But I sincerely doubt that they're going to charge the OP. They wouldn't have held him for three days and NOT charged him, if they were inclined to do so. And if they had the goods to make charges stick, they wouldn't have made him sign a statement saying that he was just "detained". The only reason to do that is to cover THEIR butts. . .implying that THEY did something wrong. If they had the goods, they WOULD have just arrested him, otherwise, holding a person for three full days without arresting them looks REALLY bad.

    I conclude that the reason they didn't charge the OP is because they knew their case wasn't legally sound. . .probably because they knew the evidence they seized wasn't admissible. In fact, they might have spend some of that three day detention time going over the case with the DA to see if they could make anything stick.

    So I think the OP probably dodged a bullet here.

    If he feels "hassled" by the cops, he should look at it from THEIR perspective. . .they did him a HUGE favor by destroying his weed and preventing him from facing a manufacturing/cultivation charge involving dozens of plants!

  3. #33
    Super Stoner Mr. Ganja RawBudzski's Avatar
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    EHh, I bet they are getting their ducks in order before returning.
    billybob420 likes this.
    Quote Originally Posted by Noromaru View Post
    Would it help if I put red plastic over the lights?
    Uhm,. for a red Spectrum?

  4. #34
    Veteran Smoker Mr. Ganja dank smoker420's Avatar
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    i dont think that they will charge you with it. if they wanted to they probably would of done it already. since they have all the evidence and it would be a good case if it was a legal one. the police can charge you and then not take you to court, they have two years and then you can get it expunged. is happening to me right now. i have till september. hopefully nothing comes in the last months...

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    Stoner Stoner fb360's Avatar
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    Quote Originally Posted by RawBudzski View Post
    EHh, I bet they are getting their ducks in order before returning.
    Maybe. But he only had 20 or so plants and some clones he said, I believe. That's nothing. They are looking for the 100+ plant ops.

    I would say you're fine. Fine, and extremely lucky

  6. #36
    Teaching How To Roll Mr. Ganja FlyLikeAnEagle's Avatar
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    All you guys that say he won't be charged because they havent yet have no clue what you are talking about. There is nothing that says they have to charge you right away and in many cases they present it to the DA and he makes the decision, or if they were homicide they would turn the case over to the drug cops. I've seen people charged 6 months after the fact. And yes, they can use what they found as evidence even though a warrant was for something unrelated, it used to be not the case but thanks to a pro-police supreme court anything in plain view (and sometimes not) is admissible.

  7. #37
    Teaching How To Roll Mr. Ganja FlyLikeAnEagle's Avatar
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    Quote Originally Posted by fb360 View Post
    Maybe. But he only had 20 or so plants and some clones he said, I believe. That's nothing. They are looking for the 100+ plant ops.

    I would say you're fine. Fine, and extremely lucky

    There are plenty of poor souls sitting in a cage right now over half a dozen plants. Please stop spreading bullshit.

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    Quote Originally Posted by FlyLikeAnEagle View Post
    There are plenty of poor souls sitting in a cage right now over half a dozen plants. Please stop spreading bullshit.
    Wow...

    Obviously cops, the feds, and the dea, are constantly looking for larger grows. If you disagree, you're too far gone to argue with.
    I didn't say he wouldn't get charged. In fact, I said maybe, and if he doesn't, he is "extremely lucky". That statement alone implies that he could have easily been charged. Maybe you should read and think before you respond.

  9. #39
    Mr.Ganja Mr. Ganja
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    Quote Originally Posted by fb360 View Post
    Wow...Obviously cops, the feds, and the dea, are constantly looking for larger grows. If you disagree, you're too far gone to argue with.I didn't say he wouldn't get charged. In fact, I said maybe, and if he doesn't, he is "extremely lucky". That statement alone implies that he could have easily been charged. Maybe you should read and think before you respond.
    The OP hasn't even stated where he's from.. In certain places the cops will choose to just seize that many plants and walk away, but most places aren't like that.. And as somebody else stated, they have alot og options and time to proceed prudently.. Without ALOT more info it's all a craps shoot..

  10. #40
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    what is op? and if im the op well it happened in so. cali. anyway you guys are the best taking your time out with all your replies. anyway since they released me, after all i didnt have shit to do with that case, can they really bring up something to me six months down the line? sounds like they should be charging me a lot sooner than that if they were to. and someone brought up me looking for a lawyer. how do i go about that? i barely have any money as it stands now. do i find a lawyer that gets paid after i win a case??????? i have no idea how that stuff works.

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