Dude, Your boned they have your consent signed which makes it a legal search, it comes down to your word against theirs as to when it was signed. get a legal help, and a good supply of soap on a rope.
[quote]sic wrote:
KBCThird wrote:
No the problem is that this govt deems it appropriate to legislate what substances an adult can and cannot put into his own body. That’s the problem.
Just as they deem it appropriate to legislate what people can and can’t do to other people. If it’s a crime, for whatever reason the government decided to make it one, don’t fucking do it and then bitch about getting caught. You knew it was illegal when you purchased the seeds in the first place.[/quote]
You’re right. When the govt outlawed alcohol all those millions of people who went to the speakeasys should’ve instead completely changed their way of life just because of an arbitrary and highly questionable law. And those black people at lunch counters in the South in the 60’s? Troublemakers. They should’ve left well enouhg alone. And yes I realize that racial segregation is not the moral equivalent of prohibition but it proves the same point: that just because a law is the law does not mean it is just. You write “If it’s a crime, for whatever reason the government decided to make it one, don’t fucking do it and then bitch about getting caught.” Are you seriously advocating blind adherence to the law rather than thinking for yourself? Pretty dangerous.
I don’t smoke weed. But I did drink illegally, underage. Was I legally an adult? No. Is a 21 year-old really any more mature than a 19 year-old any more capable of deciding whether or not to drink himself into a stupor? Of course not. Had I been caught buying or drinking I could’ve been charged with a crime, made to pay a fine, etc. Pardon my language, but that is total bullshit. The govt has no moral authority to tell you what you can or can’t do with your own body. The only authority they have is the threat of punitive action. This reminds me of when my brothers and I were little kids. If I told him to give me his toy and he didn’t, I’d smack him. Then when my parents got mad at me, i’d simply say “what? I told him to give it to me and he didnt listen. he got what he deserved.” My only right was my physical superiority.
You write “Just as they deem it appropriate to legislate what people can and can’t do to other people” Oh please. They’re completely different!! Assaulting someone is not the same thing as getting drunk, stoned, whatever. This has nothing to do with any kind of social contract, it’s the puritanical values of certain individuals.
Your entire attitude on this is mond-boggling to me.
[quote]AceQHounddog wrote:
In California, an arrest warrant for your brother means the cops can go inside the house he lives in (regardless of who owns it) if they can establish residency.[/quote]
A bench warrant is not equivalent to a criminal arrest warrant. A bench warrant means they can arrest you if they encounter you, i.e. in a traffic stop or similar situation. They can’t enter the home of a third party to search for you, even if they establish residency.
Sad that one can be arrested for having the wrong kind of garden. If he would have been growing any of the many deadly plants that dot the land, he would have been fine.
However, having your brother know about it was a bad move. Every person who knows is a potential weak link, no matter the promises they make. And judging from his history, promise keeping may not be high on his list. Calling the cops though was a terrible move. Your brother would have eventually come back, maybe even with your wallet. But now, you’re in jail. You should have just let it go.
I would say call NORML.
[quote]belligerent wrote:
40 plants is a small grow op. It will be a felony in most states, but I doubt that you would get anything more than a matter of months in county jail. [/quote]
Are you kidding me?
40 plants is a “small” grow op??
A few months in county jail?
Months in county jail is for possession, not manufacture!!
[quote]suppenthusiast wrote:
Are you kidding me?
40 plants is a “small” grow op??
A few months in county jail?
Months in county jail is for possession, not manufacture!!
[/quote]
40 plants is nothing. Commercial grow operations typically involve hundreds or thousands of plants. 40 is a botany experiment.
[quote]KBCThird wrote:
sic wrote:
KBCThird wrote:
No the problem is that this govt deems it appropriate to legislate what substances an adult can and cannot put into his own body. That’s the problem.
Just as they deem it appropriate to legislate what people can and can’t do to other people. If it’s a crime, for whatever reason the government decided to make it one, don’t fucking do it and then bitch about getting caught. You knew it was illegal when you purchased the seeds in the first place.
You’re right. When the govt outlawed alcohol all those millions of people who went to the speakeasys should’ve instead completely changed their way of life just because of an arbitrary and highly questionable law. And those black people at lunch counters in the South in the 60’s? Troublemakers. They should’ve left well enouhg alone. And yes I realize that racial segregation is not the moral equivalent of prohibition but it proves the same point: that just because a law is the law does not mean it is just. You write “If it’s a crime, for whatever reason the government decided to make it one, don’t fucking do it and then bitch about getting caught.” Are you seriously advocating blind adherence to the law rather than thinking for yourself? Pretty dangerous.
I don’t smoke weed. But I did drink illegally, underage. Was I legally an adult? No. Is a 21 year-old really any more mature than a 19 year-old any more capable of deciding whether or not to drink himself into a stupor? Of course not. Had I been caught buying or drinking I could’ve been charged with a crime, made to pay a fine, etc. Pardon my language, but that is total bullshit. The govt has no moral authority to tell you what you can or can’t do with your own body. The only authority they have is the threat of punitive action. This reminds me of when my brothers and I were little kids. If I told him to give me his toy and he didn’t, I’d smack him. Then when my parents got mad at me, i’d simply say “what? I told him to give it to me and he didnt listen. he got what he deserved.” My only right was my physical superiority.
You write “Just as they deem it appropriate to legislate what people can and can’t do to other people” Oh please. They’re completely different!! Assaulting someone is not the same thing as getting drunk, stoned, whatever. This has nothing to do with any kind of social contract, it’s the puritanical values of certain individuals.
Your entire attitude on this is mond-boggling to me.[/quote]
I expected your longwinded response. All I meant by my post was… if you do something illegal, fully knowing it is illegal, don’t bitch when you get caught. I didn’t say everyone should adhere to the letter of the law at all times.
[quote]suppenthusiast wrote:
belligerent wrote:
40 plants is a small grow op. It will be a felony in most states, but I doubt that you would get anything more than a matter of months in county jail.
Are you kidding me?
40 plants is a “small” grow op??
A few months in county jail?
Months in county jail is for possession, not manufacture!!
[/quote]
You are right. Tiny or minuscule would describe it better.
Its obvious they were tipped off and pretty recently, hence no warrant.
You and your brother had an understanding not to tell anyone? Ok…you had an “agreement” with a brother who was a drug abuser, struck you and was “off the wall” recently. If YOU didnt brag to anybody about your little garden your brother obviously did. You said it was for “friends” well how about taking a look at the friends you told.
You WILL NOT win the illegal search case against the PD. There were 2 calls placed to 911 in the same day. One was about a domestic battery case, he hit you, the second was about theft, he tole your wallet. The accused was in the house. They went in to question him. They didnt find him so they continued the search…oops they stumbled upon a garden during their search for the accused. Thats how it will play out and you cant do anythign about it. They will win.
You should probably start saying you are sorry to your parents too. They will most likely lose the house.
[quote]PGA200X wrote:
Its obvious they were tipped off and pretty recently, hence no warrant.
You and your brother had an understanding not to tell anyone? Ok…you had an “agreement” with a brother who was a drug abuser, struck you and was “off the wall” recently. If YOU didnt brag to anybody about your little garden your brother obviously did. You said it was for “friends” well how about taking a look at the friends you told.
You WILL NOT win the illegal search case against the PD. There were 2 calls placed to 911 in the same day. One was about a domestic battery case, he hit you, the second was about theft, he tole your wallet. The accused was in the house. They went in to question him. They didnt find him so they continued the search…oops they stumbled upon a garden during their search for the accused. Thats how it will play out and you cant do anythign about it. They will win.[/quote]
Absolutely the above poster is correct, and anybody who doesn’t think so is kidding them selves. First with that amount of weed in the house it is more than a good bet they were aware of you from the start and your wallet stealing brother punching brother as well. News flash these are not the problems well adjusted citizens of the community have I know it’s a harsh thing to say but dysfunction draws attention.
I reinterate you called the Police/911 twice in the same day argue till you are blue in the face psuedo lawyers the police absolutely had a right to go to the house and a duty I might add Reasonable cause prior act of violence reported, and you out side stammering do you really have to go in the house uh oh RED FLAG do we really have to go in there YES WE DO!
This is a no brainer you are in trouble you have unclean hands you were committing a crime then involved law enforcement in your dysfunctional domestic situation then gave them all the reasonable suspicion they needed to find evidence of your crime.
I believe everybody deserves at least one chance so I wish you luck but you are out of gas on this one I do beleive
[quote]twistedsteel wrote:
You should probably start saying you are sorry to your parents too. They will most likely lose the house.[/quote]
One of the most disgusting aspects of the “war on drugs.”
[quote]sic wrote:
KBCThird wrote:
sic wrote:
KBCThird wrote:
see earlier posts.
I expected your longwinded response. All I meant by my post was… if you do something illegal, fully knowing it is illegal, don’t bitch when you get caught. I didn’t say everyone should adhere to the letter of the law at all times.[/quote]
Glad you think a full explanation is “longwinded.” [rolls eyes] Oh and I’m glad that your fortune telling abilities caused you to expect my post. congratulations.
The last two sentences of your post seem to contradict each other. You dont have to follow unjust laws but you cant complain about them?
[quote]Bodyguard wrote:
Absolutely the above poster is correct, and anybody who doesn’t think so is kidding them selves. First with that amount of weed in the house it is more than a good bet they were aware of you from the start and your wallet stealing brother punching brother as well. News flash these are not the problems well adjusted citizens of the community have I know it’s a harsh thing to say but dysfunction draws attention.
I reinterate you called the Police/911 twice in the same day argue till you are blue in the face psuedo lawyers the police absolutely had a right to go to the house and a duty I might add Reasonable cause prior act of violence reported, and you out side stammering do you really have to go in the house uh oh RED FLAG do we really have to go in there YES WE DO!
This is a no brainer you are in trouble you have unclean hands you were committing a crime then involved law enforcement in your dysfunctional domestic situation then gave them all the reasonable suspicion they needed to find evidence of your crime.
I believe everybody deserves at least one chance so I wish you luck but you are out of gas on this one I do beleive[/quote]
You are wrong. A domestic complaint earlier in the day for which the request for contact was cancelled does NOT give police the right to enter your home on a subsequent call. The fact that he called 911 twice in the same day is totally irrelevant and will not hold up in court.
[quote]KBCThird wrote:
sic wrote:
KBCThird wrote:
sic wrote:
KBCThird wrote:
see earlier posts.
I expected your longwinded response. All I meant by my post was… if you do something illegal, fully knowing it is illegal, don’t bitch when you get caught. I didn’t say everyone should adhere to the letter of the law at all times.
Glad you think a full explanation is “longwinded.” [rolls eyes] Oh and I’m glad that your fortune telling abilities caused you to expect my post. congratulations.
The last two sentences of your post seem to contradict each other. You dont have to follow unjust laws but you cant complain about them?
[/quote]
Longwinded because you assumed I was saying something I wasn’t and had quite a lot to say to refute comments I didn’t make.
Hmm… let me try to explain it this way. If I’m driving and I speed, I know that I am doing something illegal and opening myself up for whatever punishment the law deems applicable. If/when I am caught speeding I know I deserved it and am fully responsible for any repercussions caused.
I think that if you blatantly break laws, whether you agree with them or not, you can expect to be punished. Complaining that said punishment is “unfair” or that you shouldn’t get in trouble because something shouldn’t be illegal anyway is like complaining that it shouldn’t be raining on your head when you didn’t bring an umbrella. It’s all about the choices you make concerning things you have control over. Take responsibility for your own actions. That’s all I’m trying to say.
[quote]twistedsteel wrote:
You should probably start saying you are sorry to your parents too. They will most likely lose the house.[/quote]
The probably that his parents will lose the house is close to zero. First of all, the parents have plausible deniability since they don’t live at the residence. Secondly, they wouldn’t lose the house even if they were implicated in the crime. The authorities don’t just take your house away becuase you got caught growing weed. That only happens in much more serious situations, such as if they determine that the house was paid for with drug money, or that its use as a place of residence was secondary to its function as a “drug house”.
[quote]Zap Branigan wrote:
Grow pot in house. Debatably stupid.
Call cops from said house. Twice. Stupid.
Consent to search. Incredibly stupid.
Confess to cops. Beyond stupid.
Get a good lawyer. Plead to a lesser charge. Stay out of jail and do community service.
Never do it again!!!
I know there is a lot of discussion about pot on this forum.
As long as pot is illegal it is dumb to smoke it even if it is not too bad for you. The laws may be stupid but violating them can really fuck up your life.
I hope some people can learn from this poor guys mistake.[/quote]
What he said
[quote]belligerent wrote:
That only happens in much more serious situations, such as if they determine that the house was paid for with drug money, or that its use as a place of residence was secondary to its function as a “drug house”.[/quote]
Unless they want the house, at which point they “determine” whatever it is they want to determine. At that point, the rules of eminent domain go out the window.
Less than 99 plants in Hawaii used to constitute a misdemeanor offense, however, they recently redistributed the penalties to:
25-50 felony up to 5 yrs, 10,000 dollar fine
50-100 felony up to 10 yrs, 25,000 dollar fine
100 or more up to 20 yrs, 50,000 dollar fine
These penalties seem a bit stiff to me, but if you’re growing more than 20 plants you’re probably distributing and I can’t see that being a good thing either…but you should check out the laws in your state and get a decent lawyer, most cases you can plead and get a lighter sentence, especially for a first offense.
[quote]sic wrote:
KBCThird wrote:
sic wrote:
KBCThird wrote:
sic wrote:
KBCThird wrote:
see earlier posts.
I expected your longwinded response. All I meant by my post was… if you do something illegal, fully knowing it is illegal, don’t bitch when you get caught. I didn’t say everyone should adhere to the letter of the law at all times.
Glad you think a full explanation is “longwinded.” [rolls eyes] Oh and I’m glad that your fortune telling abilities caused you to expect my post. congratulations.
The last two sentences of your post seem to contradict each other. You dont have to follow unjust laws but you cant complain about them?
Longwinded because you assumed I was saying something I wasn’t and had quite a lot to say to refute comments I didn’t make.
Hmm… let me try to explain it this way. If I’m driving and I speed, I know that I am doing something illegal and opening myself up for whatever punishment the law deems applicable. If/when I am caught speeding I know I deserved it and am fully responsible for any repercussions caused.
I think that if you blatantly break laws, whether you agree with them or not, you can expect to be punished. Complaining that said punishment is “unfair” or that you shouldn’t get in trouble because something shouldn’t be illegal anyway is like complaining that it shouldn’t be raining on your head when you didn’t bring an umbrella. It’s all about the choices you make concerning things you have control over. Take responsibility for your own actions. That’s all I’m trying to say.[/quote]
I didn’t make any assumptions, I read your posts and quoted you twice. It’s not my fault if you can’t adequately convey your feelings through the written word.
On the other hand, I feel like we’re actually getting somewhere. Your last paragraph seems to say that in this instance, this guy is screwed and there’s not a hell of a lot he can do about it. Sounds right. Pragamatically speaking, this guy is probably going to be going along for the ride and honestly I have trouble even feeling sorry for him considering that for reasons which are unfathomable to me he decided to call the cops TWICE in one day. HOWEVER, your point about speeding makes me think of this: Near where I live, theres a highway, 3 lanes in each direction, long straightaways away from any residences and a THIRTY MILE PER HOUR speed limit. If you “choose” to speed (as opposed to getting run off the road) and you get caught, I think you have a perfectly valid complaint: a completely illogical and arbitrary speed limit. Will it do you any good? Not in front of the judge - but you still have a legit gripe.
So like I said, not much he can do about it, but still a legit complaint that this is all nonsense.