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killer12382 · 12-23-2005, 05:02 AM

The cops heard he was a grower and searched his trash. They found marijuana (an illegal substance). I think you have enough probable cause to get a judge to sign a warrent. I don't think the freshness of the marijuana really matters.

Buzzby · 12-23-2005, 05:14 AM

Possession of 0.08 grams of marijuana is a misdemeanor and wouldn't in any way justify breaking into someone's home with a SWAT team. That was the only reason they had to be suspicious beyond the uncorroborated

Quote:

tip that Baldwin, a dentist, might be growing marijuana in his home

killer12382 · 12-23-2005, 05:20 AM

I'm just going on the concept of "where there is smoke, there is fire". The tip and the marijuana (smoke) led to the search and they found what?
If the cops had found that much marijuana in your car, don't you think that would have led to the cops searching the rest of the car? Where is Niteshift when you need him?

urania3 · 12-23-2005, 11:29 AM

There is a higher expectation of privacy in the home.

Quote:

Originally Posted by phuzz01

In MOST states, a police officer can search your car without a warrant if he has probable cause to believe that there is contraband, evidence, or fruits of a crime in it. According to the federal case Carroll v. US, the US Supreme Court said that the mobile nature of a vehicle automatically qualifies as "exigent circumstances." This is called the "automobile exception." However, individual states can be more strict about restrictions on searches than the US Constitution. So, for example, in my state Carroll v. US does not apply, and I cannot search your car without a warrant, some other exigent circumstances, or another valid exception.

(Source of the above quote.)

There are two articles I was able to find with a quick search about this case. The first, published on April 14, 1999 in the Sacramento Bee, adds that they were additionally charged with possession of marijuana for sale; the Deputy District Attorney argued "that the number of plants, combined with the discovery of small plastic bags and a scale in the kitchen, suggested that the drugs were intended, at least in part, for sale." (An ex post facto arguement.)

The second, published on August 10, 2000 in The Auburn Journal, adds the missing "items": "Potter...stated he found marijuana seeds and a hydroponic grow rock." The defense attourney argued "what Potter actually found in the trash can was .08 grams of partially burnt marijuana, one marijuana seed and no indication the marijuana was freshly cut or moist."

Quote:

Originally Posted by fight4rights

I wonder if the police can search your house if they only have reason to believe that you are a marijuana user. Like roaches, stems, seeds, and what not. Can they get a warrant for that do you think?

It appears that they can.

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12-23-2005, 05:02 AM	#11
killer12382 Banned Join Date: Nov 2004 Posts: 877 Grams: 27.10 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	The cops heard he was a grower and searched his trash. They found marijuana (an illegal substance). I think you have enough probable cause to get a judge to sign a warrent. I don't think the freshness of the marijuana really matters.

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12-23-2005, 05:20 AM	#13
killer12382 Banned Join Date: Nov 2004 Posts: 877 Grams: 27.10 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I'm just going on the concept of "where there is smoke, there is fire". The tip and the marijuana (smoke) led to the search and they found what? If the cops had found that much marijuana in your car, don't you think that would have led to the cops searching the rest of the car? Where is Niteshift when you need him?

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