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I was raided tonight because a cop heard I was selling weed. The warrant stated that he went through my trash a week ago and found a roach and that gave him probable cause to search. I am a med card holder and a caregiver for my mother. I have growing systems but nothing was running. I have no plants in my house and under a gram of personal weed. They brought six squad cars and barged in. They did not kick in door but were very quick to make themselves at home. I was not home yet, only my 5 month pregnant girlfriend and my younger brother. They searched the house and when I got home I showed them my med cards but they continued to search the house then frisked me down. My pregnant girlfriend was scared and distraught and I feel completely violated. Nothing was taken from my house, which by the way is technically my girlfriends house. We weren't charged with anything either. Is this legal? How can they just check my garbage or get a search warrant for nothing? I've grown two plants that were smoked more then two weeks before this and I had no remains of any plant matter. any legal advice would be greatly appreciated.

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Great timing on their part and thank god you weren't currently growing as for the check your trash without a warrant part of your post the supreme court deems trash fair game when it hits your curb because the street is public property.

 

As long as your legal and they took no medicine i think your going to be fine .

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Great timing on their part and thank god you weren't currently growing as for the check your trash without a warrant part of your post the supreme court deems trash fair game when it hits your curb because the street is public property.

 

As long as your legal and they took no medicine i think your going to be fine .

 

 

 

Thanks for the quick reply.

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GBurrito, I feel your fear and frustration. In the face of a warrant served with you not at home, the drilling you've given your family (or failed to) and the locked grow room door bearing your papers/copies of cards count hugely. Your family kept their mouths shut and told the cops less than you told us, am I right? Right? The emotons of ther moment deform your mind for hours along with fears--are hey coming back to get me? If they come et me do I have enuf to post bial? Who ratted me out? And more. Did not catch your town and county but am curious.

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ALBUQUERQUE, N.M. -- A special type of government search warrant that allows authorities to search homes without informing the owner for months is becoming more common, Target 7 has learned.

Imagine someone walking through your neighborhood, coming into your home and rifling through your intimate belongings.

“(They) search through your home, your dresser drawers, your computer files,” Peter Simonson, with ACLU New Mexico, said.

These search warrants don’t involve knocking on doors or any type of warning at all. Delayed-notice search warrants, or "sneak-and-peek" warrants, allow federal agents to enter your home without telling you they’ve been there until months later.

SURVEY

Should sneak and peak warrants be legal?

Yes

No

 

Results | Disclaimer | E-Mail

The warrants have always been around, but their use has spiked since the revamped Patriot Act in 2005. The number of delayed-notice search warrants spiked nationally from nearly 700 in fiscal year 2007 to close to 2,000 in 2009.

Upwards of 200 approved during that same three-year stretch came out of the 10th Circuit Court, which covers a handful of states including New Mexico. The majority of those delayed search warrants aren’t even for terrorism-related cases. According to the U.S. Department of Justice’s figures, the majority of the warrants are for drug cases.

“While billed as an anti-terror tool, (a sneak-and-peek warrant) had no requirements on it that it precluded it from being used in standard criminal investigations,” Simonson said.

The warrants are so secret that the New Mexico U.S. Attorney’s Office wouldn’t go on record with Target 7 about them.

The ACLU said it expects delayed-notice warrant numbers to keep growing each year as long as certain parts of the Patriot Act remain on the books.

 

Read more: http://www.koat.com/news/27922147/detail.html#ixzz1MhO1Bvh9

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Guest Happy Guy

What county? Can you think of anything you did in public concerning marijuana? Like going to a compassion center or dispensary? Something had to bring you up on their radar. Other patients might be next and we would like to know what brought you to the attention of law enforcement. Not to say that anything you did was wrong. Just looking at what we can do to limit further trouble in your area in the near future.

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If your garbage is by the road anyone can go through it, it is on public property at that time .

I was raided tonight because a cop heard I was selling weed. The warrant stated that he went through my trash a week ago and found a roach and that gave him probable cause to search. I am a med card holder and a caregiver for my mother. I have growing systems but nothing was running. I have no plants in my house and under a gram of personal weed. They brought six squad cars and barged in. They did not kick in door but were very quick to make themselves at home. I was not home yet, only my 5 month pregnant girlfriend and my younger brother. They searched the house and when I got home I showed them my med cards but they continued to search the house then frisked me down. My pregnant girlfriend was scared and distraught and I feel completely violated. Nothing was taken from my house, which by the way is technically my girlfriends house. We weren't charged with anything either. Is this legal? How can they just check my garbage or get a search warrant for nothing? I've grown two plants that were smoked more then two weeks before this and I had no remains of any plant matter. any legal advice would be greatly appreciated.

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Not a lawyer, but here is the low down.

 

1. You throw it out, it is public. Yes they can go through your garbage, no question.

2. If they have evidence of a crime, ie probable cause, they can get a warrant and search your house.

3. If the search turns up NO evidence of a crime, it a 'have a nice day' type of situation.

4. If they find evidence of a crime, you are in the slam.

 

Ok, here are the interesting things.

 

1. If the warrant is for suspected possession and you meet them at the door with your card, where is the crime? Their warrant is not valid as they went to the judge with evidence of possession (the roach) and as it turns out that isn't a crime. They need to GO BACK to the judge with the information of the card- he will then ask 'ok, where is the crime?'. They then MUST show that they made a buy from you or some other criminal activity to get a warrant. They CAN make you wait outside to 'protect the scene' and 'prevent you from destroying evidence' but they may not enter the house with a simple suspicion of possession warrant.

 

2. If they continue to enter the house, even after they have evidence the warrant is invalid (you have a card), anything they find is not admissible.

 

Here is the rub, IF you retreat to the house when they show up, they can claim an 'emergency' existed- 'he ran back into the house and we think he was trying to destroy evidence your honor'. They CAN and WILL chase your butt right into the house and have a legal right to do so.

 

So if LEO shows up meet them on the porch with your card. Ask to see the warrant. If simple possession is the basis for probable cause, sit down, invite everyone out of the house, and let them know the house is empty and you are happy to wait for them to go back to the judge. All night if need be. They cannot enter the house. If it talks about too many plants, sales, or farting in church, you have to let them in.

 

As always consult a real lawyer with real questions, this is just a conversation for your consideration.

 

Dr. Bob

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If you aint got a lawyer for this yet, you best get one.

 

If they're going to roll out 6 squad cars and waste that kind of TAX PAYER MONEY on a hunch, you gotta know those cops will be coming back again and again and again....

 

You've been set up, and have an infrared target glowing on your back as we speak.

 

I just hope that SWAT sniper doesn't "sneeze" during your next encounter with your friendly neighborhood LEO, because its cheaper to kill you and your family than to keep sending out cops on no-bust raids.

 

Its all about the money, and your life aint worth schuette to LEO.

 

Remember what they did to SAL AGRO last year, a retired GM worker and beloved Lake Orion FOOTBALL coach, the kind of guy LEO likes, not some "hippy dippy pot head":

 

Sal Agro Dies after Raid

Edited by Frank R
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I have had the cops come to my house also I know how you feel,

Some1 came to my house a day or two befor my daughters first birthday part because she was not gonna be able to make it to the party, well I have a 2 bedroom home my daughter has one room and my plants have the other room and me and my girlfriend stay in the livingroom no problem for us, I didn't think anything about it when she was hear but she knows that I have my card, but she didn't know Iam a caregiver for five other people now also, now my room was closed like it always is she stayed for a lil bit and talked with my GF and played with Zahanna that's my daughter, she asked me why we had are bed room in the livingroom I told her it was because of more room for us never even said anything bout my plants.

So a few days go by I get Z to bed just got done cleaning the house and get ready to start to make some cannabis bronies and then someone started banging on my front door, everyone that comes to my house knows to come to the side door and I allways know when people are coming over cuz I keep my 130lb American bulldog/bullmasstive mix dog away from most people, well when they the SPD STURGIS banged on the front door it caut my attention and my dogs, so I throw some shorts and shirt on step out side to see who's at the front door and 3 SPD standing out side with the black pullover and their badges hanging down on the chain, I ask them can I help you and they said yes we would like to see your medical marijuana plants I asked them if they had a worrent and they said no but could smell marijuana and said they could get a worrent if need be they said as long as ur not hiding anything their souldnt be a problem I said I have nothing to hide I'm within compliance with my laws, so I told them to wate outside for a second so I can put my dog away and then I told them they had to be quite because I just got my daughter to sleep, so I come back to the door and let them in and I give them all my paperwork they look over that and then ask to see my plants so we go into my room and they look at them and see that I was nowhere near my plant count, after that cuz of 2 of my contracts are thought Hydroworld in Lansing they asked me how much do they pay for it I told him and one of the officers said that's not a lot couldn't you get more for it on the street I looked right at him in the eyes and said well I don't know cuz I don't deal with people on the streets only leagle medical marijuana pasents. It was defentley a messed up event, but now if they come back they will have to have a worrent cuz they got their freeb look and they know I'm within compliance with the laws so shouldn't need to come back,

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Great timing on their part and thank god you weren't currently growing as for the check your trash without a warrant part of your post the supreme court deems trash fair game when it hits your curb because the street is public property.

 

As long as your legal and they took no medicine i think your going to be fine .

You abandon it a the curb it's fair game. I make sure to pile dog and cat crap on top of anything that goes in the trash (have fun biotches)

 

Or stay out of my trash. My girlfriend once thought I was paranoid. I said ok, look out the window, how come I'm the only one on the block with no trash in front of my house, I took it out, it's gone no one else has had their trash picked up?? (10 Years ago) Raided two days later.

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I was raided tonight because a cop heard I was selling weed. The warrant stated that he went through my trash a week ago and found a roach and that gave him probable cause to search.

 

This sounds like B.S, How big of roaches you throughout ??????????????

 

I know when I dump a ashtray, I kick myself cause I know that beach is long gone, sounds like a trumped up excuse to invade yer home to me..sounds like they came with that excuse cause they heard you sold weed....

 

sorry this happened to you and yer family... live and learn I guess

 

Trix :bong2:

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I have had the cops come to my house also I know how you feel,

Some1 came to my house a day or two befor my daughters first birthday part because she was not gonna be able to make it to the party, well I have a 2 bedroom home my daughter has one room and my plants have the other room and me and my girlfriend stay in the livingroom no problem for us, I didn't think anything about it when she was hear but she knows that I have my card, but she didn't know Iam a caregiver for five other people now also, now my room was closed like it always is she stayed for a lil bit and talked with my GF and played with Zahanna that's my daughter, she asked me why we had are bed room in the livingroom I told her it was because of more room for us never even said anything bout my plants.

So a few days go by I get Z to bed just got done cleaning the house and get ready to start to make some cannabis bronies and then someone started banging on my front door, everyone that comes to my house knows to come to the side door and I allways know when people are coming over cuz I keep my 130lb American bulldog/bullmasstive mix dog away from most people, well when they the SPD STURGIS banged on the front door it caut my attention and my dogs, so I throw some shorts and shirt on step out side to see who's at the front door and 3 SPD standing out side with the black pullover and their badges hanging down on the chain, I ask them can I help you and they said yes we would like to see your medical marijuana plants I asked them if they had a worrent and they said no but could smell marijuana and said they could get a worrent if need be they said as long as ur not hiding anything their souldnt be a problem I said I have nothing to hide I'm within compliance with my laws, so I told them to wate outside for a second so I can put my dog away and then I told them they had to be quite because I just got my daughter to sleep, so I come back to the door and let them in and I give them all my paperwork they look over that and then ask to see my plants so we go into my room and they look at them and see that I was nowhere near my plant count, after that cuz of 2 of my contracts are thought Hydroworld in Lansing they asked me how much do they pay for it I told him and one of the officers said that's not a lot couldn't you get more for it on the street I looked right at him in the eyes and said well I don't know cuz I don't deal with people on the streets only leagle medical marijuana pasents. It was defentley a messed up event, but now if they come back they will have to have a worrent cuz they got their freeb look and they know I'm within compliance with the laws so shouldn't need to come back,

 

Really, they smelled medical marijuana in the face of your card. Ok, what is illegal about that? Next time tell them to hit the road and send a bill to the department for your lost sleep.

 

Dr. Bob

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You abandon it a the curb it's fair game. I make sure to pile dog and cat crap on top of anything that goes in the trash (have fun biotches)

 

Or stay out of my trash. My girlfriend once thought I was paranoid. I said ok, look out the window, how come I'm the only one on the block with no trash in front of my house, I took it out, it's gone no one else has had their trash picked up?? (10 Years ago) Raided two days later.

 

 

Love it, Jessie. EXCELLENT advice.

 

The worse the smell the better.

 

I would also add, keep those 'legal' papers handy and be sure the 'family' knows were they are when you're not at home.

 

Could save a butt load of trouble.

 

AND don't spread the word that you are an MMJ patient.

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WOLFGANG!

 

 

thank you so much for the download-i have suspected for a long time that the powers snooping activities are becoming more invasive and more secret this is confirmation of my paranoid musings thankls you and YES IT IS TRULY SINISTER!!! ...if one has nothing to hide they have nothing to fear-right?

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WOLFGANG!

 

 

thank you so much for the download-i have suspected for a long time that the powers snooping activities are becoming more invasive and more secret this is confirmation of my paranoid musings thankls you and YES IT IS TRULY SINISTER!!! ...if one has nothing to hide they have nothing to fear-right?

 

A 'touch' of paranoia is 'not' a bad thing.

 

Helps keep us on our toes.

 

AND 'them' on 'their' toes.

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GBurrito, I feel your fear and frustration. In the face of a warrant served with you not at home, the drilling you've given your family (or failed to) and the locked grow room door bearing your papers/copies of cards count hugely. Your family kept their mouths shut and told the cops less than you told us, am I right? Right? The emotons of ther moment deform your mind for hours along with fears--are hey coming back to get me? If they come et me do I have enuf to post bial? Who ratted me out? And more. Did not catch your town and county but am curious.

 

 

 

I'm in lapser, mi.

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Not a lawyer, but here is the low down.

 

1. You throw it out, it is public. Yes they can go through your garbage, no question.

2. If they have evidence of a crime, ie probable cause, they can get a warrant and search your house.

3. If the search turns up NO evidence of a crime, it a 'have a nice day' type of situation.

4. If they find evidence of a crime, you are in the slam.

 

Ok, here are the interesting things.

 

1. If the warrant is for suspected possession and you meet them at the door with your card, where is the crime? Their warrant is not valid as they went to the judge with evidence of possession (the roach) and as it turns out that isn't a crime. They need to GO BACK to the judge with the information of the card- he will then ask 'ok, where is the crime?'. They then MUST show that they made a buy from you or some other criminal activity to get a warrant. They CAN make you wait outside to 'protect the scene' and 'prevent you from destroying evidence' but they may not enter the house with a simple suspicion of possession warrant.

 

2. If they continue to enter the house, even after they have evidence the warrant is invalid (you have a card), anything they find is not admissible.

 

Here is the rub, IF you retreat to the house when they show up, they can claim an 'emergency' existed- 'he ran back into the house and we think he was trying to destroy evidence your honor'. They CAN and WILL chase your butt right into the house and have a legal right to do so.

 

So if LEO shows up meet them on the porch with your card. Ask to see the warrant. If simple possession is the basis for probable cause, sit down, invite everyone out of the house, and let them know the house is empty and you are happy to wait for them to go back to the judge. All night if need be. They cannot enter the house. If it talks about too many plants, sales, or farting in church, you have to let them in.

 

As always consult a real lawyer with real questions, this is just a conversation for your consideration.

 

Dr. Bob

 

 

 

 

 

 

Thank you. Its all boiling down to me just swallowing my pride and moving on. I hate feel ing so powerless. Thanks everybody for your help and advice.

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2002 Magnet planted weed in my garbage to secure a warrant. The garbage isnt there for Law Enforcement to tamper with. So theres that side of the coin. Proved in court it wasnt my weed. Ended up with a plea bargin. Not going to happen again trust me

Edited by Kingpinn
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Getting raided is a lot like getting raped, or so I am told. They come into your home and through use of force and threat of force they violate your most private places.... :notfair:

 

 

That said, 'the cop heard I was selling weed' is probably not a good thing whether you are a patient or not. Normally the cops don't come calling unless somebody called them first (Kingpin notwithstanding).

Edited by lawyercaregiver
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