Know Your Rights! - GreenPassion.org - Dedicated to Medicinal Cannabis Cultivation and Education

Hobo · #1 (**permalink**) 12-18-2007, 12:26 AM

Ok, so there has been enough suspicion from neighbors or police to get some attention called to you indoor grow. What do you do if you get a knock at your door from the police?

Under the 4th Amendment of the United States Constitution the police cannot illegally search or sieze your person or property. So how can a cop legally perform a search?

-They must either have a warrant granted by a judge, meaning you have been being investigated for a while and the police have enough evidence to legally search your house.

- The consent of the person them self. You dont even have to answer the door if they arent forcefully entering (in which case they def. have a warrant). But if you accidently open the door not realizing who was on the other side... remember you don't have to cooperate, remain polite. Quickly step outside and shut the door behind you, claiming you don't want your cat to get out or something. If the officer is asking permission to come in, this means he has no warrant, so apologize claim the house is a mess and you really have to be on your way.

- Probable Cause there must be illegal contraband in plain view or the distinct odor of marijuana in the air for an officer to have probably cause to enter your house.

Don't allow yourself to get busted by allowing a cop to see incriminating evidence. If you know your rights, and are carefully how you go about your business in plain view, it is easy avoid a bust of this kind.

Mogie · #2 (**permalink**) 12-18-2007, 10:07 PM

A law enforcement officer (LEO) generally has the right to frisk you for weapons if he has any lawful business with you. In the process, if he finds a joint in your pocket, he can bust you for it.

Generally, LEO must have either a reasonable suspicion or probable cause that you have committed a crime, or that criminal activity is afoot, in order to stop your car. Once stopped, LEO may search a vehicle if he has probable cause that it contains contraband. Police may search a vehicle in cases of a routine traffic stop for a minor violation like speeding.

LEO can search your person, your car or the place where you are found after you have been lawfully arrested. This is called a search incident to a lawful arrest. A scenario to consider: You get a DUI. While searching your vehicle, after arresting you for DUI, the officer finds some valiums not in a pill bottle and for which you do not have a prescription. He takes you to jail on the DUI but does not arrest you on the pills. You bond out. He sends the pills to the crime lab who confirms that they are valium. He gets an arrest warrant and serves it on you at your home, searches your home incident to the arrest for possession of valium, and finds your grow room.

LEO can search any area in which evidence of the commission of a crime is plain view. Not only is this the bloody knife on the front seat situation, but too, the pot plant on your window sill or the beer can in your cup holder.

LEO may search your house or your car if you give your consent to such a search.

Finally, LEO can search your home if he has probable cause that a crime has been committed and there are "exigent circumstances." Exigent circumstances are those circumstances which would cause a reasonable person to believe that prompt action, such as entry, is necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.

Hobo · #3 (**permalink**) 12-19-2007, 11:17 AM

thank your mogie for this more specific post..

but i dont believe a police officer has the right to frisk you out of nowhere on your own property if he is just at your door, the situations are much different for if your boating or driving. If the officer has to investigate, and for his own safety they have the right to frisk. At your own home, if you haven't done anything except answer the door, you could just close the door in his face.
They will try to talk you into thinking your obligated to cooperate, but you dont have too..

Def cooperate if you are pulled over on the side of the road with a kilo in your trunk. One trick a cop will pull on you to arise suspicion is he will ask if there are any drugs or weapons in the car. the obvious answer from anyone is to say no... the cop will then go on to ask if there are any explosives, dead hookers, and huge tanks in the car... a calm innocent person would laugh at that. a guiilty nervous person will continue to shake there head no "no sir not in my car".

If the cop asks to search your car, and you know they will find something if they do... DONT LET THEM. DONT KNOWINGLY INCRIMINATE YOURSELF they will prob say, ok thats fine we will just wait for the K9 unit to come sniff your car from the outside (will create enough probable cause to go inside). Still say no you really have to be on your way and apologize. 9 times out of 10 they k9 is a bluff, their final attempt to see if you will give consent. Hopefully you never find yourself in such a situation.

HUMAN · #4 (**permalink**) 10-25-2008, 06:37 PM

I know this is another late response, but in order to find out the extent of your rights (in the "united" states at least) during a weapons frisk or pat, you need to research your states position on a "Terry Pat". This is a preliminary weapons pat down that every officer is sanctioned to do after the beginning of ANY minor questioning, detainment or investigation. If it feels something foreign or worrisome on your person it may reach further and obtain that object from your person. At this point, regardless of the state, if you are in possession of something illegal YOU WILL ALMOST ALWAYS BE BOOKED FOR IT (98-99%). Even if you live in a state where non-weapon seizures made during a Terry pat are not allowed as evidence in open court you will have to state your case and we all know that that means: $$$$$$$$$$$$. The whole ****ing point.

Don krizzle · #5 (**permalink**) 08-25-2009, 06:32 PM

ok now thats very informative but i am canadian so i am guessing our leo have a silghtly different set of rules so if anyone out there knows canadian rights or surveilance tacts please inform me
thank you