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Legal advice needed -search warrent

Discussion in 'Seasoned Marijuana Users' started by iceman31, Aug 30, 2008.

  1. Well, some crazy things went down yeaterday. I lost my cell phone, and somebody turned it in to the sheriff. On it were a picture of a plant that I had growing at my previous residence, and a bong. The sheriff showed up at my house while I was at work, and told my parents that they had something of mine and needed to talk to me about it. I went to the sheriff's office, and the officer presented my phone and asked if it was mine. I said yes, and looked closer, only to see the picture of my freaking plant. He asked me "Where is it?". I said it was in my previous location (named it). He asked again, I gave the same reply. Then he pulled up the picture of the bong. I said I had quit and gave it to a friend at my previous location. He went on to say how bad it looks to have that on my phone, and that if I do that here, they'll get me. He also said that it makes him want to go search my place.

    My question is: can they legally search my house based on pictures from my cell phone? I think if he could, he already would have done it, and would not have given me back my phone already. Hypotheticly, if I had some plants now, should I destroy them immediatley? I don't think its probable cause, so I would hate to destroy them for nothing. What should I do?
  2. Sound's to me like the cops just using theyre number one tool.....fear! Just scare the fucker into thinking smoking weed is going to get him in tons of trouble.

    I personally find it sketchy that they would just go through your fucking phone like that...what if u had nudies of your woman!?!?!?!
  3. 1. if you're living with your parents, they would need to give consent to search UNLESS a search warrant is issued.

    2. atleast for a few days/week, MOVE all your plants out of the house, bongs, etc out of your house. Not in your shed or anything super intelligent like that, move 'em to your friends house asap. I'd also move out nutrients, lights(definitely get these out), scales, any paraphernalia you can think of. I have had a cop search my room and he was pretty thorough, so get a real good spot for your small stuff, and move everything else out. If you don't have spots to stash stuff, get it out of your house. I'd also not smoke in your room(do it out the window if you must) incase the sheriff swung by and your room reaked of bud; I'm sure that's even more probable cause, and if you just smoked bud, you most likely have cannabis and a pipe/other piece of paraphernalia.

    3. be careful as shit when driving around, because I'm sure since they know you cultivate cannabis, they'll be quick to pull your ass and give some BS reason(as probable cause) so they can search your vehicle.
  4. im no law student but what that cop did sounds a little illegeal to me...
  5. Invasion of your privacy.. he had no reason to go through your phone
  6. Yeah I thought that was pretty messed up too. In fact there are those kind of pictures, of a couple of women, but they only seemed interested in the awful marijuana. Don't these cops have some real criminals to go mess with or something. I'm not causing anybody any trouble. I guess we can all learn a lesson from this - don't keep anything on your phone that references anything illegal whatsoever. Luckily I had cleaned out my text messages the night before.
  7. those pictures could have also come from anywhere the internet is a big place and most phones can receive pics from it.
  8. to be safe man i would remove then and start again in a few weeks see what whppens you cant grow weed in jail man

  9. Lesson???? Did we not all learn this while going through the "school for new smokers school", come on now this is common knowledge!
  10. The cop could pretty easily make the case that he stumbled upon it while looking through the phone to find contact information of the owner. It may not be true, but it would most likely hold up in court. And that very well might be probable cause for a search warrant. Sounds like he's nice enough to not make a big deal out of it, because they do go after growers (of course).
  11. Just another quick tip on the phone thing:

    Never keep a known dealer in your phone. Never. Few reasons. It's really hard to convince a cop that you don't touch drugs if you have a number in your phone where you can call that number and receive said drugs. Also because if the cops figure out whos phone that is, your dealer is most definitely fucked(if they have previous evidence but nothing solid I'm sure they could make up probable cause), and after your dealer figures out that your stupidity/laziness got him/her busted, you no longer have a dealer for one, and an angry as shit ex dealer at that. Expect bodily harm or damage to prized posessions like your car, house, etc.

    That's all I got, good luck not getting busted.
  12. Those pictures could have come from anywhere, and bongs are something you can legally walk into a head shop and see. I really doubt they take it much further, but i agree with everyone else in saying you should get all your shit out of the house as soon as possible for at least a week or so. I mean, they already spend billions to keep innocent people in jail, so what's one more?
  13. He wouldn't be able to use the information from your phone to get a search warrant, and I doubt a judge would think the pictures you described were sufficient to justify a search, even with the information you provided. Not that I think he'd be able to get a warrant for either location, but I suspect he'd have a better shot at one for your previous residence.

    In any case, it's highly unlikely that anything will come of it, but it's very important for you to realize that you're on the radar now. Law enforcement officers from different departments communicate, and you now have one strike against you.

    I've known a few people who have gotten in serious trouble months after having narrowly escaped being arrested. You should definitely avoid putting yourself in situations where you might be caught by police. That's good advice in general, but it's absolutely essential that you follow it now.

    Good luck, dude. Stay safe.
  14. talk to a lawyer dont ask the internet man
  15. I don't think they're allowed by law to look at what's on your phone, and use it against you. If shit gets serious, call a lawyer.
  16. First off, why was he going through your phone? If someone turned a phone into them, I'm pretty sure they should protect your privacy and keep it off.

    Secondly, I doubt any judge would issue a warrant just because of a picture.

    Thirdly, you should have said you saw it at your friends and it was the first time you'd seen a real plant so you took a pic. <- That would have been more believable and would have gotten him off your back.
  17. Contacts and Pictures are two completely different icons you would find in a phone menu...
  18. that'd be an illegal search warrant. he'd only know where to search because he already looked through your phone (already illegal there), and that'd give him the probable cause for it.

    thats almost like going through someone's trunk (illegally w/o you there or consent), finding some herb, and the saying they're going to get a warrant for your car

  19. I know how phones work, but it would still hold up. It's not a stretch to think he's just unfamiliar with cell phones.
  20. Nah they can't use it against you man, he had no reasons to "stumble" into the pictures section of your phone without violating your privacy. Not many phones go straight to your album rather than the viewfinder for the cam, he had to of done it intentionally. That's totally inadmissable.

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