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Old 12-19-2008, 02:15 AM
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Default South Texas gets Busted
Fellow Family Members, it's been over a month and I can now relate the fucked-up news. Yeah, busted.
While studying (Law) Search & Seizure, Probable Cause & Right to Privacy a fews years back, I realized that, as far as I'm concerned, you can grow whatever you want... legally. Meaning that, if there is no Probable Cause, and the Property clearly portrays the desire to remain private, IE; Fenced in, closed entry, posted signs, etc., then you can't get (legally) busted. All legal steps was taken to assure no probable cause, and without, any Law Dog entering the property does so illegally.
So here comes Sgt. Barny Fife, unfastens the entry gate, drives 1/4 mile to my house(I live on 100 plus acres), to "Visit". That's the best excuse I can give, visit, look for donuts, whatever. Sgt. Barney sees 15 or so Ladies around the front door. This point is critical. Had the Officer left, got permission or some stupid ass excuse to enter private property, I would have been fucked. "A cow was out in the road" would have worked- immediate threat to traffic. But Barney calls his Boss, the Sheriff. I was really relieved at this legal blunder.
While acting within official capacity, which is called protection under color of law, I have no defense. However, once the Bitch made the call, from the first step onto private property, any and all actions thereafter is without legal authority. The Sheriff & 2 more Law Dogs showed up, 4 total. Request to enter house was made, Denied. Sheriff had to drive 50 mile round trip to get warrant. I demanded a warrant to document that the Sheriff had 15 plants to observe outside my house, but didn't believe he had probable cause to enter an unlocked house, where as Barny Fife blatantly stated that he could enter private property because the gate wasn't locked, just a spring loaded locking mechanism. I just smiled.
FDD & I started trimming about the same time, I had about 8 Ladies, amber infested, waiting in line in the house to get their hair cut, also about 18 Oz's of trimmed shit.
They called a van to haul off the shit, All my Ladies, pot, 3 to 4 thousand seeds, 1,000 watt HPS lite with track lighting, scales, heating pads, etc. The smell was so strong from the Master Kush, Afghan & Orange Bud, they had to step outside several times. Maybe 5 lbs. total.
All that work.... The Judge is cool, made sure I could make bail. 6 babies pop up in the soil since, and my special 300 seed stash was still in tack, plus two big Ladies "in the field".
Charges, 5 to 50 lbs. Shit won't start until after the new year. I miss my seeds and shit. Planted 10 seeds yesterday, along with the 6 babies. Working on filing Civil Action Suite for several civil rights violations. The shit will be thrown out of court. I'm still in the 09 Monster Grow Comp. I want the civil suit to keep the dogs at bay for next season. I may even re comp. some loses. It sucks, but I'm back in the saddle. Fuck-em.
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Old 12-19-2008, 09:47 AM
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I've had my run ins with the law and my heart really achs for you my friend but your sprit inspires me. Glad to see your growing again and I hope your growth can pay for your troubles Good luck man
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Old 12-19-2008, 09:51 AM
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No warrant in the first place either? Strange he would just 'visit"
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Old 12-19-2008, 10:01 AM
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Sorry to hear about your legal entanglements. If he could not see the grow from the road, he was acting unconstitutionally. Silly Deputy Fife. He will be none too happy when the case is dismissed with prejudice. Watch your back.

Best of luck to you.
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Old 12-19-2008, 11:08 AM
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Dude, I feel your pain good luck!
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Old 12-20-2008, 02:14 AM
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Thanks, Guys. No warrant, of course, and they will be HOT when the shit is thrown out, plus demanding my grow lights & shit back-- since they was not in operation at the time. Yeah, they will send Copters, maybe a Game Warden, so my grow has got to take all the above in consideration. What is also really cool, Barney Fife said "I know what pot looks like because I have some in the (K-9) car". Some of the labeling was done in the vehicles.... Bring pot to a BUST? This has got to be a first. Who's pot is who's. I just grinned all over myself once some shit was processed outside my house in a law vehicle. My 10 babies is popping up now, temp here is 70 degrees. I want to get several 30 gal. rubber maid containers, placed up-hill per area, with hoses and valve for watering. Maybe 5 areas, 10per area, all cammo'ed & shit. Fuck-em.
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Old 12-20-2008, 02:25 AM
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Damn dude so what you are saying is for no damn good reason they just showed up or did someone snitch?
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Old 12-20-2008, 02:32 AM
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Southtexas , you are forgetting about the plain view rule. Once the cop saw the plants inside the house, they did have reasonable cause to search. I doubt your case will get thrown out. I wish you the best of luck though...
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Old 12-20-2008, 02:35 AM
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smells like a rat...ha..cops entering without a warrant or the owner concent... definite dismissel in court...next time you get cops at your gate...moon those mother fuckers! cops
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Old 12-20-2008, 02:38 AM
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Quote:
Originally Posted by gangjababy View Post
Southtexas , you are forgetting about the plain view rule. Once the cop saw the plants inside the house, they did have reasonable cause to search. I doubt your case will get thrown out. I wish you the best of luck though...

high doubtful that cop saw em that far away... unless he's fuckin superman.. they need a warrant... he entered unlawfully
 

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