greenvalley907
Member
I noticed the legal forum and figured what the hell, I'll post what happened to us awhile back.
But first a few quick facts: I live in Alaska. The raven law and our state constitution basically on a technicality legalized marijuana possession/cultivation in residences to a limit of 24 plants and guarantees privacy is given to the states residents.
One day back in may of this year while I was at work I got a call from my wife, who's a medical card holder, telling me a trooper just left out our door with all her plants. Matter of fact, that was harvest night, day 64 of flowering. We had a little cabin on a lot that had other cabins there as well. There had been a fire maybe 3 or 4 cabins down, so 60 feet down perhaps from ours. She noticed out the window a line of firetrucks rolling by as well as a trooper approaching our porch.
She went out before he arrived. He told her there was a fire that he had to notify her of and he couldn't help but notice the odor of marijuana in the area and he'd been here a week earlier and noticed it then as well. She said "yes, I'm a medical card holder." He said good and asked if she knew the current laws, he quoted them and then said he had to see her card. She said fine but you can't enter my house without a warrant, right? he replied yes, but i will stay right here until then. She turned and opened the door to walk in and he followed behind her and put his foot into the door jam and told her he didn't feel comfortable to let her shut the door, that he had been shot at before. She again told him you're not welcome to enter my home without a warrant.
Her purse was in the bedroom, she got her card from it and re-entered the living room to find he was standing inside our home with the door closed. He looked at her card and asked where the plants were. He entered the loft area and left my wife downstairs as he took pictures and ripped the plants out of their pots.
After I got home, smoked a bowl and called some paralegals that dealt mainly with marijuana cases informed me how badly the officer fucked up. He shouldn't of entered my home without the warrant, some would argue the second he puts his foot into the threshold of your home he's in violation. Searching without warrant can take place under good faith - officer believes crime is taking place or evidence to a crime is being destroyed, plain sight - see a crime taking place or evidence to a crime, exigent circumstances - harm or death may occur to occupants of home. None of these applied, he had no reason to believe a crime was taking place due to odor since the nose test has already been proven in court to be null and void.
He failed the leave an inventory report which has to be left with the owner of the property that's being seized. He didn't leave any contact information. The way he conducted himself was strange in a few ways such as not calling for a second officer, didn't ask if we had weapons in the house nor cleared the house for them - remember he wedged his foot in the door because he was afraid of being shot at? He didn't take any equipment, just the plants. He told the wife they might be back to take her to jail and vanished with a crop of the stinkest, danky ass, purple hued grandaddy purple flowers. About a week later we had a another trooper with a k9 unit take the dog on the tour of our front yard sniffing around, was very weird. Since then we've moved and all has been silent.
No charges were brought, no phone calls or anything. It's as if it never happened which means the pig stole our shit or they know how bad they fucked the pooch and want to stay far, far away from us.
But first a few quick facts: I live in Alaska. The raven law and our state constitution basically on a technicality legalized marijuana possession/cultivation in residences to a limit of 24 plants and guarantees privacy is given to the states residents.
One day back in may of this year while I was at work I got a call from my wife, who's a medical card holder, telling me a trooper just left out our door with all her plants. Matter of fact, that was harvest night, day 64 of flowering. We had a little cabin on a lot that had other cabins there as well. There had been a fire maybe 3 or 4 cabins down, so 60 feet down perhaps from ours. She noticed out the window a line of firetrucks rolling by as well as a trooper approaching our porch.
She went out before he arrived. He told her there was a fire that he had to notify her of and he couldn't help but notice the odor of marijuana in the area and he'd been here a week earlier and noticed it then as well. She said "yes, I'm a medical card holder." He said good and asked if she knew the current laws, he quoted them and then said he had to see her card. She said fine but you can't enter my house without a warrant, right? he replied yes, but i will stay right here until then. She turned and opened the door to walk in and he followed behind her and put his foot into the door jam and told her he didn't feel comfortable to let her shut the door, that he had been shot at before. She again told him you're not welcome to enter my home without a warrant.
Her purse was in the bedroom, she got her card from it and re-entered the living room to find he was standing inside our home with the door closed. He looked at her card and asked where the plants were. He entered the loft area and left my wife downstairs as he took pictures and ripped the plants out of their pots.
After I got home, smoked a bowl and called some paralegals that dealt mainly with marijuana cases informed me how badly the officer fucked up. He shouldn't of entered my home without the warrant, some would argue the second he puts his foot into the threshold of your home he's in violation. Searching without warrant can take place under good faith - officer believes crime is taking place or evidence to a crime is being destroyed, plain sight - see a crime taking place or evidence to a crime, exigent circumstances - harm or death may occur to occupants of home. None of these applied, he had no reason to believe a crime was taking place due to odor since the nose test has already been proven in court to be null and void.
He failed the leave an inventory report which has to be left with the owner of the property that's being seized. He didn't leave any contact information. The way he conducted himself was strange in a few ways such as not calling for a second officer, didn't ask if we had weapons in the house nor cleared the house for them - remember he wedged his foot in the door because he was afraid of being shot at? He didn't take any equipment, just the plants. He told the wife they might be back to take her to jail and vanished with a crop of the stinkest, danky ass, purple hued grandaddy purple flowers. About a week later we had a another trooper with a k9 unit take the dog on the tour of our front yard sniffing around, was very weird. Since then we've moved and all has been silent.
No charges were brought, no phone calls or anything. It's as if it never happened which means the pig stole our shit or they know how bad they fucked the pooch and want to stay far, far away from us.
