Like I said, there is nothing for you to disprove as it is up to the prosecution to provide proof that a smell was in fact marijuana in the first place. A human nose and what it interprets is not enough to go on. A trained K9 would be though.Cop smelled pot, cop found pot. How can you disprove that?
I agree. In order for their search to be legit they would have to have a canine confirm the smell before entry. They would have also had to wait until the judge signed the warrant before making entry. If you see two fed ex workers at your door know that something is up. they might work in pair sometimes but I have never seen two workers at the door unless they are delivering something very big. Refusing entry was a plus in this instance. It gives the judge something to think about. There are so many things in nature that give off a skunky smell its insane and for them to come to the conclusion that it was cannabis shows they were being biased and that works in his favor. A good lawyer will get him out of this mess with no harm done. I would move to a different place though as they will always have a red target placed on him..especially if he gets off.Like I said, there is nothing for you to disprove as it is up to the prosecution to provide proof that a smell was in fact marijuana in the first place. A human nose and what it interprets is not enough to go on. A trained K9 would be though.
Is the police officers word his only proof? If so I would say that it is a very weak proof.Can you disprove it in a court of law? That he did not smell it?
No I called one friend and told them I was locked up, he called around to have people rdy to go when bond was set because at that point nobody knew how much it would be. Nobody but one person knew about what I was doing. I do not know yet how I got caught. I was asleep when they knocked so I guess I did not wake up enough to thinkHow in hell did 8 people know about this before bond being set? How many folks knew about your operation?
From your description it sounds that the S&S sounds pretty legit.
What boggles me is why you even opened the door, if you were expecting a package then let them leave the little fedex slip and pick that shit up at the nearest depot, if you were not expecting a package you should have thrown on a movie and have them fuckers wait at the door all fuckin day and night as there is no requirement to open your door to anybody, not even the police if they identify themselves.
best of luck.
regards,
Could have something to do with every cop in the state in my city busting 50+ hells angels with a huge grow operation...........I dont know.Obviously someone snitched him out. I would say that 99% of the time that is how they catch growers and dealers. It is rare for cops to figure anything out on their own. It is always someone being nosy and calling in a tip or someone that knows you that got caught and is just plain old snitching to try to get out of trouble themselves. In your case, I would say since the police showed up wearing fucking costumes someone told them about your operation. They don't do shit like that everyday I gurantee you that. I've come to the conclusion that if you are breaking the law in any way on a daily basis, sooner or later you are going to get caught. I have already accepted that fact that I will get caught growing it is just a matter of when. That is why I keep my law breaking at a misdemeanor level, so that I can avoid going to jail for more than a night and end up getting a slap on my wrist.
I agree. In order for their search to be legit they would have to have a canine confirm the smell before entry. They would have also had to wait until the judge signed the warrant before making entry. If you see two fed ex workers at your door know that something is up. they might work in pair sometimes but I have never seen two workers at the door unless they are delivering something very big. Refusing entry was a plus in this instance. It gives the judge something to think about. There are so many things in nature that give off a skunky smell its insane and for them to come to the conclusion that it was cannabis shows they were being biased and that works in his favor. A good lawyer will get him out of this mess with no harm done. I would move to a different place though as they will always have a red target placed on him..especially if he gets off.
I commend you on taking responsibility for your actions. The situation sucks but we all know if we play the game we might have to pay the consequences. I had to stand before several judges when I was younger and there were always technicalities on my side but in the end I always knew I was guilty of what I was being accused of so I decided to take my medicine and move forward. I have no regrets. I wish you the best.I figured I would stop and give a quick update on the situation, my lawyer feels I have a good argument for the case and reccommended Jury Trial. I found threw discovery that a friend of 14 years is the one that told on me, oddly enough he was at my house selling me zanax when I messed up and left a door open and he seen the lights.
Anyway I was offered a plea agreement of 6 months in jail shortly after my arrest and I declined, my arraignment was sceduled and one time the judge didnt show, one time the solicitor didnt and one time my lawyer didnt, I finally got arriagned on the 7th of dec. I was reminded the maxium penalty was 5 years in prison and that the plea would not be offered or honored if I did not take it then and a jury trial would begin in January.
Driving home from that I thought of everything but the judge made it clear I would recieve a pretty stiff penalty if found guilty and came to terms I did it to myself by being careless and 6 months is a hell of a lot better then 5 years, I have responsibilities that can wait a few months but not years and the entire thing over my head is eatting me away so I asked my lawyer to contact the DA and arrange it that I will take the plea providing they let me spend the holidays with my family. That was a $1000 dollar phone call, anyway I am turning myself in January 8th to do the six months, from what I am hearing they are doing 3 for one right now and I should be out in less then 60-90 days.
This is my first offense so if you know someone busted who gets off on probation...........watch your ass. God bless all.