South Texas gets Busted

South Texas

Well-Known Member
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.
 

rolln1up

Well-Known Member
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
 

Johnnyorganic

Well-Known Member
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.
 

South Texas

Well-Known Member
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.
 

gangjababy

Well-Known Member
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...
 

socalkushman

Well-Known Member
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! :finger:cops
 

socalkushman

Well-Known Member
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
 

South Texas

Well-Known Member
From gate to house/plants, 1/4TH mile. Don't need a fucking pad lock when the gate is secured by a auto-locking device. The "lock" is the posted sign, and a secure gate that has to be manipulated to enter. At that point, it's all about Probable Cause. Without such,.... It's BS. Read the Books about Right to Privacy. I think there is a legal misconception here where people believe that a right to enter private property & the right to enter a house varies. Is somebody suggesting that in order to keep my house unviolated that I need to pad lock my door? People, same applies to entry to Posted, secured Private property. There is NO difference. The rights apply equally.
I must clarify one issue. "To Visit" excuse was the same as the actual reason, legally speaking, which is interesting. He was looking for a Mexican Male seen wondering the road on a Tuesday, but didn't investigate until Thursday. So, He just came to ask if I had seen a "Mexican" wondering around lately. So Barny Fife was hot on the trail. Of course there wasn't any Mexican strolling around 2 days later, but he had to do something to satisfy his boss, so he came to ask if I had seen a Mexican. I'm not Mexican, my dogs don't speak Mexican, but we love Tamales. So that was the excuse to go through the gate, just Country Folks doing Country shit. May as well been visiting, legally speaking. What are the fucking odds? Got one grow area spotted. The Sheriffs back yard. Fuck-em.
 
K

Keenly

Guest
Yeah, He misread.
i think he read it too fast

or did what i did sometimes and just skip to the good stuff

good luck with your situation even though you dont need it

you got this under control make sure you shake the cops hand smiling before you get the case thrown out to make him that much angrier

its his own dumbass fault for breaking the law to bust you
 

T@ll T33

Well-Known Member
fuckin just saw on the news oday a 49 yo in indiania got busted with 2000 plants in his huge ass barn
 
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