If Leo Comes Knocking

[Homes Labs]

Time to start a new thread in the new forums...IF LEO shows up to your house what should you do?

 

Opening a door is problem for patients and CG, from what I have read if you open the door its an invitation to your home w/ or w/o a warrant. Even if your just opening it to see who it is they can push their way in.

 

Most say the safest way to handle this situation is to talk through a window. If thats what you have to do then you gotta do what you gotta do. But being legal and staying within the law shouldn't mean we should have to talk through a window like a criminal. I feel we should be able to speak face to face without implications of letting them in.

 

Some questions I have...

 

Does a security chain on the door count as a locked or closed door?

 

Can you go out the back/side/garage door to meet with them?

 

Does a lock/closed screen slider door count as some sort of security measure?

 

If you have a breezeway/foyer/3 season porch/attached garage can you go in there and lock your home door behind you?

 

What does an open window stand for? W/ or w/o screen?

 

Can you call the department or your attorney to explain you are stepping outside and that YOU ARE NOT ALLOWING ANYONE TO ENTER THE PREMISES?

[mizerman]

I would talk to them thru a window - also a great idea to make a copy of your registration card, laminate it, and keep a copy of it under your front door mat.

 

Ask them to call you on the phone!

[christinax4]

i had this happen recently...i walk my dog late at night because he is a 90 lb pit bull. With my back, I cant control him if he wants to see something, people, squirrels, whatever...so about a week ago I crossed paths with another guy walking late at night, and for whatever reason my dog DID NOT LIKE this guy. I had a hard time holding him back. So the a$$hole calls the police when he gets home...they show up at my house. I had the keys to my room where my meds are locked up, along with my house ley, on a lanyard around my neck. Of course I hit the pipe a few times as soon as I got home, due to my stressful walk, and was doing so when the doorbell rang. As soon as I saw it was cops, i double checked to make sure my room door was locked, then opened the front door and shut/locked it behind me to talk to them on the porch. They were a little surprised by this, but didnt make an issue out of it. They talked to me about my dog scaring this guy, blah blah blah, and as soon as they were done lecturing me and went to leave, I let myself back in.

 

I think an open window, that some kid could crawl in to steal your meds, could be construed as an "unsecure" facility. If I leave the window open in that room (i have to keep it in a specific room locked up because I have kids )then I have the window lock engaged so it can't be opened more than 3 inches. This is just my interpretation of an enclosed, locked facility.

[bobandtorey]

Thanks every one when i get my grow up i think the front/side doors will be locked because i don't have money as for a room and we both have cards i hope it works lol

[christinax4]

I think an enclosed, locked facility would constitute your house, if there is only the two of you in it...where's P? he would know

[philanthropy]

Time to start a new thread in the new forums...IF LEO shows up to your house what should you do?

 

Opening a door is problem for patients and CG, from what I have read if you open the door its an invitation to your home w/ or w/o a warrant. Even if your just opening it to see who it is they can push their way in.

 

Most say the safest way to handle this situation is to talk through a window. If thats what you have to do then you gotta do what you gotta do. But being legal and staying within the law shouldn't mean we should have to talk through a window like a criminal. I feel we should be able to speak face to face without implications of letting them in.

 

Some questions I have...

 

Does a security chain on the door count as a locked or closed door?

 

Can you go out the back/side/garage door to meet with them?

 

Does a lock/closed screen slider door count as some sort of security measure?

 

If you have a breezeway/foyer/3 season porch/attached garage can you go in there and lock your home door behind you?

 

What does an open window stand for? W/ or w/o screen?

 

Can you call the department or your attorney to explain you are stepping outside and that YOU ARE NOT ALLOWING ANYONE TO ENTER THE PREMISES?

 

 

very good questions! i have opinions on some of these, but need to do some searching to be able to post them properly with back-up data/links.

 

i'm working on our community garden right now (loading and shoveling horse manure, painful), but will try to get back to this and post a good reply tonite.

[lawyercaregiver]

OK Here I go. Remember, if you want legal advice pay a lawyer in his office. If you want the stoned ideas of a lawyer on a blog late at night read on...And remember, IMHO.

 

 

Does a security chain on the door count as a locked or closed door?

A. Yep. Locked, enclosed facility. The facility is your manufacturing plant. If it's locked and enclosed you are golden.

 

 

Can you go out the back/side/garage door to meet with them?

A. You can tell them to bite you and slam the door- if they don't have a warrant. I recommend trying to be polite. These are professionals who have a job to do. If they have a warrant, then that is an entirely different proposition.

 

 

Does a lock/closed screen slider door count as some sort of security measure?

A. You don't need a security measure for legal purposes- just a locked, enclosed facility. But yah, a locked door is kind of a security measure eh.

 

 

If you have a breezeway/foyer/3 season porch/attached garage can you go in there and lock your home door behind you?

A. Why? You were baked when you wrote this right?

 

What does an open window stand for? W/ or w/o screen?

A. Do you live in Michigan? An open window? In winter or summer?

 

Can you call the department or your attorney to explain you are stepping outside and that YOU ARE NOT ALLOWING ANYONE TO ENTER THE PREMISES?

A. Maybe you should just step outside and lock the door behind you. NO need to be a fecal-head about it either. I think locking the door conveys the message nicely. Why are you calling your attorney when you are legal?

[+greenhouse]

Ponder this:

 

LEO arrives without a warrant, and they somehow already know you have plants inside and want to inspect. They may even threaten to come back with one and smash up the place.

 

If you let them in and they do NOT have a warrant you are in violation of the law.

 

Section (3)c of the Definitions states "© "Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient."

 

http://www.legislature.mi.gov/%28S%28se302t45xu4wwy45qpbiha55%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26423

 

I may be wrong, but if you allow access to the plants by anyone other than the CG or Patients for whom they are grown, you will be in violation of the act. Now will they bother prosecuting this? Prolly not, but...

[Moss]

Section (3)c of the Definitions states "© "Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient."

 

http://www.legislature.mi.gov/%28S%28se302t45xu4wwy45qpbiha55%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26423

 

I may be wrong, but if you allow access to the plants by anyone other than the CG or Patients for whom their are grown, you will be in violation of the act. Now will they bother prosecuting this? Prolly not, but...

 

No legal expert here, but I have watched some Law and Order lol. That sounds like a good thing to tell them if they try to look at your grow. "I'm sorry officer but if I were to allow you access that would put in my violation of the law which states the area must be secured in a way that only permits access to the registered caregiver or patient. As I am in full compliance with the law I must respectfully deny you access."

[philanthropy]

No legal expert here, but I have watched some Law and Order lol. That sounds like a good thing to tell them if they try to look at your grow. "I'm sorry officer but if I were to allow you access that would put in my violation of the law which states the area must be secured in a way that only permits access to the registered caregiver or patient. As I am in full compliance with the law I must respectfully deny you access."

 

 

jeez, i really really really hope nothing happens to king, but if they do i hope he is recording and we can see a video of their faces when he pulls that sentence out on them. hehehe

[stonecrowe316]

its shouldnt matter as long as its locked up.heres my point,if you had a plastic greenhouse,a wooden shed,windows or a brick wall.if someone was to steal it when your not around,their gonna do it no matter what its made out of.the point is lock it up.rippers can kick your door in,best thing is dont broadcast your grow to where poeple know your doing it.im not saying hide in fear,just be careful.....hope this helps

[phaquetoo]

Thanks every one when i get my grow up i think the front/side doors will be locked because i don't have money as for a room and we both have cards i hope it works lo

 

 

if you are both patients and have marked possesion of plants on card, you can both grow, Im thinkin they have to be in seperate area's, I would mark yours with your name on them and hers with her name on them, and keep the doors locked,,they consider a locked enclosure as 4 walls and a ceiling and locked doors, be each others c.g's and than you can be by each others plants., we already know people who have had the grow taken from out doors in a fenced in with netting on the topp confiscated! unfortunatly!

[ccpulsipher]

totaly agree stone crow keep a low profile and no worries as this law sets in it will be more safe but until then better safe than sorry rember just a few years ago we were all underground and so i would just keep that in mind i know there are alot of people that are out there now but it just seems safer to me until this law is tested a little more

[philanthropy]

totaly agree stone crow keep a low profile and no worries as this law sets in it will be more safe but until then better safe than sorry rember just a few years ago we were all underground and so i would just keep that in mind i know there are alot of people that are out there now but it just seems safer to me until this law is tested a little more

 

 

a lot of people are waiting for this to be 'tested'

but there are situations being tested already, and not enough people physically showing up to the courts to show support. to finish the 'test' we have to show our support in numbers.

[Homes Labs]

Can you go out the back/side/garage door to meet with them?

A. You can tell them to bite you and slam the door- if they don't have a warrant. I recommend trying to be polite. These are professionals who have a job to do. If they have a warrant, then that is an entirely different proposition.

 

If you have a breezeway/foyer/3 season porch/attached garage can you go in there and lock your home door behind you?

A. Why? You were baked when you wrote this right?

 

What does an open window stand for? W/ or w/o screen?

A. Do you live in Michigan? An open window? In winter or summer?

 

-Thats my point exactly. When the police show up warrantless they are going to be professional and I would like to speak to them face to face as professionally as I can. But I do not anyone to open a door and have them push there way in and lie about it saying I let them in. This question was for those in non friendly areas.

 

-I chuckled when I read this. What I meant to say was even if you lock your house door behind you and meet them in one of those locations are they techinically already in your home? Bc I was told once they are in, they are in. Correct me if I am wrong here.

 

-An open window is not an invitation into ones home. Regardless if its the LEO. They do have their own set of rules they play by.

 

 

*New question.

Say they do get into your home either by trickery or invitation they absolutely cannot enter the lock room, correct? I don't want some d*ck cop messing with my photoperiod just to prove him wrong.

 

Thanks again!! I started this topic so members can make an informed decision on what to do. I sure as heck don't know.

[lawyercaregiver]

You are talking about "the law!!" and "reality." Two very different things. On the bar exam, the cop has the right to do a consent search ONLY within the scope of the consent (implied or actual) given.

 

However, as a practical matter, once you let them in the house anything can happen. Yes, cops lie. However, breaking down a locked door without a warrant is not going to get LEO very far with most judges.

 

Anything LEO can see in PLAIN VIEW so long as they are in a place they have a lawful right to be is fair game. So if a bowl is sitting out, or a marijuana leaf is on the floor then it is fair game.

[stonecrowe316]

ya but if theres no reason to be on my property then they cant see nothing,i dont break the law,so that gives them no rights to enter my property that i pay taxes on,