I have recently been busted through an invasion of my rights and through this experience I have come to realize things. For those who want to know the full story, just ask and I will explain. Long story short, I'm out fifteen grand. The Two big rules I can tell you right now 1. KEEP EVERYTHING OUT OF YOUR CAR. The cops only need what they dictate as "probable cause" to search it and if they find anything in there you are busted. When it comes to cars, they do NOT need a warrant. That is fresh from my lawyer who's cost was named above. This is where I find hydro to be more safe, because transporting soil is all around sketchy. 2. When you are being questioned by cops don't say a word This one is super critical, even if you feel like it's obvious you are lying, the court systems don't care. If they have enough cause you may sit in jail, but if they can't pull a warrant to search your grow area, fear not. This is even more important if you are caught red handed. Just remember the more you talk, the more you hurt your lawyer. Even if they are hauling the plants out in brown paper bags telling you they can lessen your sentence if you work with them, you still don't know shit. I know most of this is common sense or things you hear from buddies and friends who think they know the law. I assure you after my long process, I can guarantee you that all of it is correct. It is hard when you are in that situation and you're heart is thumping to remember this, but if you follow #1 you probably won't ever see #2. Here are just some other ones because when the cops were busting me trying to get info out of me, I decided to ask them some questions because they thought they had me in this like weird "friend" state or whatever you want to call it where I was giving them what they wanted, but I was really just leaching them for info, mainly for you guys, so here are some fun facts. #1 Heat signatures off of your house is not enough reason to secure a warrant #2 Be a remarkable neighbor, the police will try to get them to snitch to get that warrant #3 Keep the smell to a minimum, worst case scenario they think you smoke pot #4 Be there, even sometimes bring friends over, just not a lot, don't seem like a drug dealer #5 Common Sense: Don't sell it where you grow #6 Have a friends or different address on your license, if you aren't tied to where you grow via your license, they have no way to even get a clue of where you live (this is the one I wish I did) I hope this has been enlightening, I know most of you know this stuff, but I was one of those people who swore he wouldn't get caught, and look what happened. Just make sure security is always #1
Damn sucks you got caught..what state you in and how did they get you exactly? Something in your car? I wanna know the full story
How is transporting soil sketchy? Stores sell a ton if soil, it could be for lillies for all they know. I would rather them see a bag of dirt than a bottle of hydro nutes. Those are really only used for one thing.
recently had the cops at my place for a noise complaint, I am a registered care giver and my girlfriend is the patient cardholder and the first thing they said was wo smoking pot? well we are card holders....saw my grow lights all broken down in the living room, that invoked a wo you got the hydroponics? Replying that I was a registered care giver with a hardship cultivation registration his attitude then shifted to "I could give two ***** about the pot, we are here cause your neighbors complained....he also added to take a walk down the street to smoke and not smoke at my smoking allowed apartment complex....just goes to show you cops don't even know the law since it's only legal to smoke inside and not in public....moral of the story, ignorance is not probable cause. Whatever the situation, your best bet is to know your legal rights and exercise them. And keep the smell down is a given
DISCLAIMER: I don't know where you're located, or if you're even in the U.S. So what I am about to say may not entirely apply to you, or it may not apply at all. What I am about to say applied in the U.S. As a point of reference, I have a law degree and work in a criminal defense firm. Previously worked for a state court judge and prosecutors (e.g., district attorneys) before that. The cops only need what they dictate as "probable cause" to search it and if they find anything in there you are busted. When it comes to cars, they do NOT need a warrant. This is true and a lot of people don't realize it. Everyone know what a warrant is and that's usually what people start hollering for when they're getting busted. What people don't realize is that there are well established exceptions to the warrant requirement. Here, you're referring to the automobile exception. But there's also the SILA (search incident to arrest), plain view, consent, exigency, and a few other rare ones. For the automobile exception to apply, police must have probable cause to conduct a search. Probable cause has been described as: "practical, common-sense decision whether, given all the circumstances..., there is a fair probability that contraband or evidence of a crime will be found in a particular place." Sounds kind of vague, right? Some examples of things giving rise to probable cause: the smell of burnt cannabis by a cop, a tip by a reliable informant, discovery of alcohol violation during a consent search gave PC to search entire car. These are just a few examples of where courts have held the warrantless search permissible. When you are being questioned by cops don't say a word. Just remember the more you talk, the more you hurt your lawyer. God bless you. I wish I had more clients with that mentality. I tell everyone, friends and clients, this: if you ever get arrested, regardless of what it is for, be polite, but say as little as possible, and unequivocally assert your right to counsel, i.e., tell them you want your lawyer. Once you assert your right to counsel, they absolutely cannot speak to you again without your lawyer being present. If they do, anything you say is likely inadmissible. I say likely because nothing in law is ever black and white. It always "depends". Just keep your mouth shut. Don't talk to them. Don't even answer them if they ask you who your favorite porn star is. Be silent. Remember, you have the right to remain silent, I suggest you exercise that right. Just wanted to expand on some of those points from a lawyer's perspective. Knowing the law is important. Everybody be safe.
I was busted with 33 plants, but they were total dicks about it and KNEW from day one they were only stopping a grower and that's it. The way they handled it, they knew if I lawyered up at all they wouldn't fight it. In response to the Criminal Defense Attorney. I was reading what you said and was like "oh fuck, he is about to call me seven kinds of stupid... *proceeds to read*... hah! I am so smarts!" I had the story up for about an hour but having very little knowledge of the law, feared keeping it up there.