Illegal Search?


#1

I need your thoughts. The State Police visited our house because I had to go to the hospital in an ambulance. We had 10 pot plants about 9 inches tall in a plastic container, that made it easier to move outside from our screened in porch. The plants were on the porch, under our table that was covered with a table cloth, so that they could not be seen. The cop took the plants because he said he could smell them. I could not smell them. When I do go to court, I would like to state that the plants do not produce a smell until they are more mature. Can you guide me to some writings that agree with my thinking?

Thanks for your extra effort, Bill


#2

that sucks bill,sorry you had to go through that @bdreis


#3

Ouch sticky situation, are you in legal state and over limit or not got grow card? (Just trying to understand your particular set of circumstance)
Do you know indica or sativa? I know federally that only sativa is technically considered marijuana by defination. Plus different strains do stink worse than others I have one that really smelled skunky in veg. I’m not trying to take up for police but when we are around something all the time we typically loose the smell of it because it’s always there. I think alot of this is strain dependent and doing proper research. Probably lab tested and documented. It may be cheaper to just deal with the probation and buy urine cleaner


#4

I would highly suggest you get an attorney, preferably one with experience in said charges. Speaking of which, you didn’t mention what you were charged with?

If the plants were out of sight, he must’ve been able to smell them, or how else would he have located them? I’m not an attorney or familiar with your local laws, but my understanding is once an officer has legally entered your home they can do a lot. If he thought there was a crime being committed I’m pretty sure he has the rights to investigate. Would be different if he was outside of your home I’m pretty sure.

Long story short, I wouldn’t expect to show up in court and win with that argument.


#5

I was married to a cop and as long as they can prove probable cause they have pretty good leeway.

I also know that sometimes I can’t smell my plants since I am around them all the time but other people definitely smell them.


#6

I’ll suggest this contact a Lawyer it’s probably the best way ro deal with situation
And see where you stand
sorry to here about your situation
:v:️CB