They got me!!!!!!!!

[Seamaiden]

Search my threads on Cali law, flying lotus. There are no real plant limits except a rather arbitrary federal number of 99, because apparently three digits instead of two really makes a difference in this world. You have to be able to support the plant counts. No city or county government may impose any plant limits is how I understand the current situation, at least not when seeking prosecution.

Garden of Dreams (much closer to you in the OC) and I have both consulted attorneys, he's got a pretty notable one on his roster whose name I am now forgetting! In any event, being able to support plant count is key, and pertinent to my other questions regarding cooperatives and collectives in SD Co/Escondido.

If they had no warrant, depending on circumstances, they can claim smell as probable cause as relayed to me directly by my own attorney. My living situation is somewhat different from yours, but someone who is on probation has moved out, so now I have much less to worry about and am not required to let the po-po in as I previously was. Still doesn't negate smell as probable cause, but kicking your down down I don't believe is the appropriate action, not sans warrant.

You might want to contact Garden of Dreams, but you need at least 50 posts to pm. Do a search, he's posted who his attorney is, seems to give solid advice/representation.

 

[flying lotus]

They can claim smell as PC. no question. ... the question is can they show up and create circumstances enabling entry into your home, once you have told them you are a medical patient and they can not enter.


our first swing will be to have the case dismissed.

if they take us to trial..which I think they will..

medical defense being supported by a Dispensary in SD (my friend who was arrested with me works here)... as well as a small private collective of 5 patients (my GF and I and 3 friends) 3 of which have 99 plant rec's.

 

[og_kid]

yea man kind of what happened to me shit suks but it will most likly get dismissed.

 

[CynicalOptimist]

That really sucks flying lotus. Best of luck to all of you guys.

 

[SourD]

NEVER open the door. fuck that. if they got a warrant they will kick it in. if they dont they will try to get you to open so they can rush you. answer their questions thru the door and if you dont like what they are asking, slide your lawyers card under the door and tell them to call him

 

[SSHZ]

Your basically screwed.......... they will lie when necessary and the entry will be upheld by the court. Get the best lawyer you can afford, and take the plea a few days before the case is scheduled to begin. You need a lawyer with strong connections in the prosectutors office- not some pot lawyer who the judges/prosectutors office are trying to make an example of. In this business, it's who you know- not what you know. Laws just don't mean too much anymore- the judges lean it towards there own opinions, the cops don't care figuring the courts will decide the case anyway and lawyers are only in it for the money, no matter what they say.........

 

[AliasAO]

What a disgrace, weve got an economy in shambles and job market in the ditch and we are funding fucking cops shaking down MJ growers. Politics is only personal agenda and policy backed by money and power.

If they dont back off soon, things will bubble and sooner or later spill over.

& Trust me-- The Revolution will NOT be televised. Word to Huey & the panthers.

 

[mrbong73]

I didn't see this posted yet but maybe I missed it.

Here are some guidelines for CA.
I would recommend all med patients get an ID card from your county health dept.

Good luck

 

[MakinGoo]

Never,Never,Never open the Door 4 a Pig!!! I no there Bitches but not a Bitch I would open the door 4... No need 2 help them they got hands but thell use there Foot... I tell them punks my Mom told me not 2 talk 2 strangers:lipssealed& I don't no u porky if u wanna talk here is the number 2 my Lawyer my Lawyer loves 2 chop it up:anim_09:

 

[GreenThumbBill]

I didn't see this posted yet but maybe I missed it.

Here are some guidelines for CA.
I would recommend all med patients get an ID card from your county health dept.

Good luck

Doesn't getting an ID card in Cali require registering with the state? How does giving the state personal details and, in most cases, their grow address help? I would never register with the state if I didn't have to.

 

[mrbong73]

Doesn't getting an ID card in Cali require registering with the state? How does giving the state personal details and, in most cases, their grow address help? I would never register with the state if I didn't have to.

4. State of California Medical Marijuana Identification Cardholders:
When a person invokes the protections of Proposition 215 or the MMP and he or
she possesses a state medical marijuana identification card, officers should:
a) Review the identification card and verify its validity either by calling
the telephone number printed on the card, or by accessing DPH’s card
verification website (http://www.calmmp.ca.gov); and

b) If the card is valid and not being used fraudulently, there are no other
indicia of illegal activity (weapons, illicit drugs, or excessive amounts of
cash), and the person is within the state or local possession guidelines, the
individual should be released and the marijuana should not be seized.
Under the MMP, “no person or designated primary caregiver in possession
of a valid state medical marijuana identification card shall be subject to
arrest for possession, transportation, delivery, or cultivation of medical
marijuana.” (§ 11362.71(e).) Further, a “state or local law enforcement
agency or officer shall not refuse to accept an identification card issued by
the department unless the state or local law enforcement agency or officer has reasonable cause to believe that the information contained in the card is
false or fraudulent, or the card is being used fraudulently.” (§ 11362.78.)

5. Non-Cardholders: When a person claims protection under Proposition
215 or the MMP and only has a locally-issued (i.e., non-state) patient identification
card, or a written (or verbal) recommendation from a licensed physician, officers
should use their sound professional judgment to assess the validity of the person’s
medical-use claim:
a) Officers need not abandon their search or investigation. The standard
search and seizure rules apply to the enforcement of marijuana-related
violations. Reasonable suspicion is required for detention, while probable
cause is required for search, seizure, and arrest.

b) Officers should review any written documentation for validity. It may
contain the physician’s name, telephone number, address, and license
number.
c) If the officer reasonably believes that the medical-use claim is valid
based upon the totality of the circumstances (including the quantity of
marijuana, packaging for sale, the presence of weapons, illicit drugs, or
large amounts of cash), and the person is within the state or local possession
guidelines or has an amount consistent with their current medical needs, the
person should be released and the marijuana should not be seized.

 

[SSHZ]

As you can see, the cops don't really care what the law is on the books. In their minds, it's all illegal. Arrest first, and let the courts settle it after they've taken your equipment and plants, you've had to spend $5K-$50K on a lawyer and all your customers have moved on to others not found out by the law....... this is all by design, make no mistake about it. And it appears to be getting worse instead of better. Personally, I would never get a card if I grew because it's just an invitation for the state to personally come to your house for a visit...

 

[squarepusher]

Escondido is not in San Diego city i believe, and they dont have a specific guideline, so you fall under prop 215

 

[Seamaiden]

Escondildo is North County, over an hour from SD proper. They are their own incorporated city.

Doesn't getting an ID card in Cali require registering with the state? How does giving the state personal details and, in most cases, their grow address help? I would never register with the state if I didn't have to.

I know a lot of people love to talk about how Cali sucks, but this is one area where we've really got it over you folks in Colorado. Not only are we not required to have the county health department issued state ID cards, but by not participating in that section of the program, we are not limited to 12/6.

I do not hold any sort of cannabis-associated ID card. I have my doctor's rec and that's it. The police found it satisfactory, and that's really all that's needed.

 

[flying lotus]

Dismissed

UPDATE

4-18-2011
JUDGE KATZ - SAN DIEGO SUPERIOR COURT NORTH :
--------- CASE DISMISSED ALL CHARGES DROPPED.

the court upheld my atty's motion to suppress all the evidence against me due to 4th violation.

long story short the cop who arrested me at my door lied his ass off on the stand for some reason and the judge took all of 5 seconds to rule in favor of the defendant.

the owner/landlord called 911 and said someone else in the complex I was living in called him and said there were 2 males possibly with cannabis in his apt.. ( me and my room mate )

neither the owner / landlord of the apt., the supposed informant, or the dispatch worker showed up to the prelim to stand for the 911 call/ complaint

The cop threatened to kick in the door after I refused to open it at his first request. he lied about this in his report and on the stand at the prelim... we brought a neighbor who witnessed the threat. cop caught in a lie -1

the cop testified I hit him and he then "took me down" he did not mention any of this in his report and we brought the same witness to assure the judge this did NOT happen. caught in another lie.... -2

the cop testified he could see tall green pants up to the ceiling in the second floor bedroom window but he could not tell what kind of plants they were from the street.. only they were skinny and "definitely not palm trees"... in his report he stated he was sure they were marijuana plants through the same crack... we brought 5 witnesses from the complex to testify there were covered windows and no crack was ever in existence along with photo evidence to show the panda plastic over said window from the inside ... caught in another lie.... -3

if you get busted by a crooked ass lying boot jacked thug cop. don't take a deal......

the same cop who will break the law and lie to rob you and break your things will be the same cop who ... if you allow him a chance... will embarrass himself for you on the stand in court.


beautiful.

for those who asked about plant numbers.... drumroll please.....




456.

flylo

 

[mrbong73]

Great news!
Too bad those dicks put you through that BS.
Nice work!

 

[blueleaf]

ROFL.... Glad to hear da good news... 456... lols

 

[JAHGYDI]

all esco cops are crooked. 456 plants in an escondido apartment your crazy. lol

 

[Seamaiden]

Fuckin' ACE! Doesn't matter how many plants, 4th amendment violated, almost unbelievably (in this day and time) judge supports your constitutional rights. You need yourself one of those 4th amendment t-shirts now.
http://cargocollective.com/4thamendment

 

[SSHZ]

They'll be watching you after this for sure...... I hope your moving out sooner rather than later.