Got Busted With My Secret Closet Last Night..Need Expert Help

IRanNaked

Active Member
ok, from front to back.

We were upstairs chilling and we heard a knock, the blunt was done and gone.

Guy M opened the kitchen door with a crow bar (me and J had no idea of this till we were being questioned in the living room which had bad lighting and the kitchen would of been safer for them). 2 or less minutes later he comes upstairs and says the cops are here and to go downstairs. we go down to the kitchen were they are and they ask if anyone else is in the house. We say no. they move us to the living room were we are questioned more about whats going on, who's house this is and blah blah. M tells them it's his brothers house and he knows we're there to fix it up (the water damage in the living room. I even told them what we did. We removed the moldy ceiling tiles and swept it up a bit). M doesn't have a number to call his brother and their last names don't match up, so of course they get suspicious and ask for our id's. I gladly hand them mine and so does J. So in the living room, they look around and find tobacco, or blunt guts on the floor in open sight. one of them asks who smokes cigars and i said it was here when we got here. so thats even more suspicious and they claim we smell like weed. so they ask us if theres anyone in the house again or whatever and i/we said no, it's just us 3. he then asks again if there's someone else in the house. Again, NO! so he asks in general if he minded if he went up stairs to look. I said YES, theres no ones else here (meaning i DO mind and theres no one upstairs). So he goes on anyway and goes upstairs to look (theres a bong, hookah and gas mask up there with four 1.2 gram bags and a bunch of empty clean apple bags with a scale). comes back down a couple minutes later asking who's gas mask that is, "no idea". who's weed it was, "no idea" "it was here when we got here" same with it all. "no idea" "it was here when we got here"

So based on this alone, did they perform an illegal search? they never had suspicion to search upstairs because it WAS us 3 and we SAID it was only us 3. MULTIPLE TIMES! I also replyd to him when he said "do you mind if we search up stairs?" "yes, no ones up there"

also they took our key's (mine and J's) and one of the cops went up stairs so we CAN say he had possession of our keys when they went upstairs. So we CAN say he must of found the keys laying on the ground upstairs and placed them on the keyring, BECAUSE i had a hard time taking them off due to me biting my nails allot (that should be on cam)


Will this hold up so far or no?
 

IRanNaked

Active Member
That night I only got charged with criminal trespassing, J got criminal trespassing and unlawful possession of marijuana
 

"SICC"

Well-Known Member
well what happend, did yall get in trouble or are you trying to see if you can say it was illegle to search

EDIT: damn that suck's, but how is it trespassing if you were allowed to be there and unless J has a medical card i doubt they will drop the marijuana charge
 

IRanNaked

Active Member
[quote="SICC";525761]well what happend, did yall get in trouble or are you trying to see if you can say it was illegle to search

EDIT: damn that suck's, but how is it trespassing if you were allowed to be there and unless J has a medical card i doubt they will drop the marijuana charge[/quote]

Well, M informed me his brother was ok if we hung out there and helped fix up the place to possibly move into the future. But we diddnt say that to the cops or anything, only about fixing it up. The detective said i could put the blame on M seeing how i JUST met the kid less than a month ago and HE said his brother was ok with us hanging out there and fixing the place up a bit.

But im still trying to see if they performed a illegal search because NOTHING was on us or down stairs (only the blunt guts in the living room). Only upstairs which i/we said no one else is in the house and when he asked if we minded if he searched upstairs, we/i said YES, meaning we DO mind, but he went upstairs anyway. Also this ISN'T/WASN'T a medical grow, just a personal grow.
 

tintala

Active Member
Just to even come in, did they see you guys smokn up from outside? this is theonly way they couldve have prob . cuase. I am a med user and am aware that i dont even have to anwer the door when cops come to my house! You can talk thru a window. Also the need a search warrant to go anywhere in the house! Only then did thye have prob coz... well everyone who smokes cannabis should really know their rigths as much as they know the nest strains to smoke!
 
IRanNaked - why did you guys give them authorization to go up-stairs? You could have easily said no and they would have had to get a search warrant. That would have gave you time to get rid of the rest/closet. Also - why were the cops on site in the first place? To answer your question about the illegal search - the search was not illegal because you gave them permission to do so.... the smell of weed is not probable cause since you would have had a prescription or a med card. Never give cops authorization to look around your pad or permission to enter. In fact you don't have to answer their questions. Just a thought.
 

Dats

Well-Known Member
It sounds like your dumbass friend opened the door with a crowbar? A neighbor must have called the cops. What did the cop say about the growroom?
 

fdd2blk

Well-Known Member
you break into a house with a crowbar then ask about an illegal search? funny. lucky your even here to type this. sounds to me like all the owner has to do is say it was ok for you to be there. if he says it wasn't then you were trespassing. sounds like a neighbor called when the crowbar came into play. what if it was a home invasion and someone was tied up upstairs? they had no way of knowing. kinda have to look at it from a cops point of view.
 

korvette1977

Well-Known Member
No one claimed to be "In Charge " of the property, Nor were they able to produce the owners phone #.... I'd say they got off easy ...
 

panhead

Well-Known Member
The detective said i could put the blame on M
You should be concerned about this statement from the dective.

What the cop just told you by saying that is this, no matter what your charged with right now you & your friends are PFI, which means Pending Further Investigation,what this means is that it now gives the dectectives time to work all you guy's over seperately & to trump up a bunch of bullshit charges against you all,which if you get a bullshit court appointed lawyer that asshole will want you to plead guilty to atleast 1 charge in order to plead away the other charges,this is how the legal system works.

Your allready in a bad spot because you answered questions the cop's asked you,even to deny something is a bad thing,from this point on answer no questions,make no ststements & do not talk to anybody involved on the phone,if you & your friends gotta talk about this do it face to face.

Illigeal search & seizure means shit in court,if the cop's want to(which they allways do) they will say you gave them permission,or they will come up with some crap where they had cause,which in your case they have 2 legit reasons to search WITHOUT PERMISSION,reason #1 is the smell of weed,they can say they smelled it from outside if they want & you cant do shit about it,reason #2 is the roach'es laying in plain sight on the floor,WTF were you guy's thinking.

The reason they asked your permission to search is not because they did not have cause,they asked because that's what their trained to do,by asking you to search if you say yes its another nail in the coffin because a lawyer cant argue illegal search,if you say no it means your hiding something & can be usd in court against you that you refused a search,again another nail in your coffin.

Dont count on a cheap or court appointed lawyer being in your corner,also dont rely on the justice system being fair with you,if they do charge you with any drug related offense, if its your 1st or 2nd offense it'll be about how much cash they can squeeze out of you for the next 5 years with fines & by sending you to rehab,counselors,victim impact,probation & any other program they have thats designed to extort your cash,all the while they act as if they did you a favor putting you on probation.

Get a real lawyer right now & stop talking,even on this forum.
 

IRanNaked

Active Member
No one broke into the house that day.About a couple weeks ago is when M first open the window and unlocked the front door to let us in. I replaced the deadbolt recently and gave me, J,M and R the key. R wasn't there that night.
M did NOT have a crow bar upstairs when the cops knocked.

As for ME/WE giving permission for them to go upstairs, they miss interpreted what WE/I said.
Cops "do you guys mind if we search upstairs?" "YES, theres no one else in this house"
So they never had a YES to searching, JUST a YES to we DO mind and NO one IS upstairs.


Yes, i'll take my Criminal Trespassing ticket over cultivation and paraphernalia charges any day.
But i still want to know if all evidence (the golden closet key I and J had on us at the time) is un-submittable due to the fact that they DID take our keys and one officer went upstairs with em. He COULD, but DID NOT, find the closet keys on the floor, table or couch even and attach them to our key rings.

Because if i can get that to happen, were off any kind of cultivation charges (which NOTHING even sprouted yet)

And to sum it all up, this is the first time I was even in the back of a cop car. So i DO now have finger prints on record along with a mug shot :( Which my prints will be all over the closet.
 

IRanNaked

Active Member
Oh and btw, that house was a fucking mess when we first got there. But we made it suitable to be able to live in now, and this is how we get treated?
 

Dats

Well-Known Member
"Guy M opened the kitchen door with a crow bar" You mean not to force the door open with, but as a weapon?
 
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