Is my right to privacy being violated?

[zombo1964]

What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)? Pa.
On 4-20-09 I was busted for growing marijuana.
In 2008 my house was broken into,twice.
The thieves stole guns and money and a little mj.
They were caught and convicted.I know they told the police they saw my grow room.
On 4-20-09,I heard a knock at the door.When I went to answer the door,there was a town cop standing there(I live right outside the borough).,and a state trooper coming from out back of the house.They didn't go to my front door but a side door instead.
The town cop said he had gotten an anonymos tip there were stolen license plates in the trunk of a junk car in my driveway.I told him to go ahead and look.
Well,the state trooper had spotted a potted marijuana plant on my back deck.And it all went down hill from there.
At my preliminary hearing my lawyer had me waive my right to a hearing.
My question is : was that a good idea to waive my right?
Did the police violate my right
to privacy by going behind my house?
And,did the police have a right to come to my house on an anonymous tip?
I feel my lawyer is throwing me to the wolves,and not fighting to get me off.

 

[OldandTired]

Dood. You're growing marijuana. I don't care what story they concocted to get themselves there legally, they did it, you bought it, and you're busted.

Is there something in particular you're looking for here? You're the criminal that got caught. It's time to take your licks. You can't change what you don't first acknowledge. Do you want this kind of life forever?

Anonymous tips are given and acted on every single day. There are solid convictions every single day because of anonymous tips.

Just own what you know you own, and see if an Attorney can get a better deal for you, than if you were still trying to fight them on technicalities. The D.A. likes people a lot better when they accept that they have committed the offense.

 

[Antigone*]

Did the police violate my right
to privacy by going behind my house?

Nope!!!

And,did the police have a right to come to my house on an anonymous tip?

Yep!!!

I feel my lawyer is throwing me to the wolves,and not fighting to get me off

That sounds like a personal problem to me.

 

[Some Random Guy]

Did the police violate my right to privacy by going behind my house?

Still no.

And,did the police have a right to come to my house on an anonymous tip?

They can come over to every house on the block and ask to search your closets for dope. But you don't have to consent to a search. Of course, if you leave the plants within plain sight from the outside of the house, you'll be in trouble.

I feel my lawyer is throwing me to the wolves,and not fighting to get me off.

OK. Have you asked him about your case? about any possibility of getting you off? about any chances for a plea deal? we don't know the guy so we have no idea if he is or is not helping you.

 

[outonbail]

I agree with OldandTired, you had the plant growing out on your deck in plain sight. Hence, it was seen.

Tips, confidential informants, other criminals/suspects with pending cases looking for a way out and angry girlfriends probably account for 90 percent of the arrests made for this sort of drug related criminal activity, maybe more.

The preliminary hearing would have been nothing more than a complete waste of time for everyone involved. Waving it may help convince the DA to make a better deal since you're not wasting the courts time simply because you can.

While it does happen, I don't personally know anyone who had their case tossed at the prelim stage. I've seen some of the charges against defendants who were facing numerous charges get dismissed, but never an entire case.
For a judge to toss a case during the preliminary, he is basically telling the DA that he's an idiot and not doing his job. Pretty rare if you know what I'm saying,,,,,,

As far as throwing you to the wolves,,,

You threw yourself to them when you decided to have marijuana growing outside for the world to see.

It could have been the gas man, the electric meter reader, a cable TV employee or anyone else who is out walking your neighborhood who dropped the dime on your gardening adventures.

Probably best to ask your attorney to get you the best deal possible, before the DA has to put much time in preparing the case against you.

 

[CdwJava]

On 4-20-09 I was busted for growing marijuana.

4/20? How ironic!

In 2008 my house was broken into,twice.
The thieves stole guns and money and a little mj.
They were caught and convicted.I know they told the police they saw my grow room.

Bad news for you. Heck, that could well have been enough for a search warrant back then!

Well,the state trooper had spotted a potted marijuana plant on my back deck.And it all went down hill from there.

Darn that plain view doctrine!

Next time, either fence in your backyard, or, hide the dope IN the house.

Did the police violate my right to privacy by going behind my house?

Not really, but it might be an unlawful search if the yard was fenced off or inaccessible in any way. If fenced off, the officer will have to articulate probable cause to make the entry into the yard.

So, what does your attorney say?

And,did the police have a right to come to my house on an anonymous tip?

The police can go to your house and knock on the door if they don't like the color of your window trimming. They do not need a reason to knock and ask you anything. if the door is accessible to the general public, then it is generally accessible to them.

I feel my lawyer is throwing me to the wolves,and not fighting to get me off.

Maybe it's because your defense is weak and you were caught dead to rights.

So, are you being charged for just the one plant? or, did they also get inside and take down your grow as well?

- Carl

 

[zombo1964]

old and tired-thanks for the advice.And yes thats the way I want to live.as soon as i'm out of jail,I'm gonna move to a mj friendly state.,and make a living supplying mj. dispenceries.,with rooted clones and finished product,legally.

Some Random Guy-thank you for the advice-yeah,we're working on a plea deal.I guess he is in fact helping me.I just get frustrated.

out on Bail-thank you for the advice.- i just felt my lawyer wasn't doing enough for me.But by all the replies I'm getting,it sounds like he knows what hes doing.I'll take my punishment like a man and make the best of it.

Cdw Java-yes it was/is ironic to get busted on 4/20.I couldn't believe it myself.

Not really, but it might be an unlawful search if the yard was fenced off or inaccessible in any way. If fenced off, the officer will have to articulate probable cause to make the entry into the yard.

So, what does your attorney say?

he says the same thing your saying.

Maybe it's because your defense is weak and you were caught dead to rights.

So, are you being charged for just the one plant? or, did they also get inside and take down your grow as well?

My defense is weak.,and was caught dead to rights,i guess I'm just looking for a technicallity,that might help get me less time.
yeah,thay got in my house and took down the whole grow,I'm being charged with a load of plants.
My lawyer said he is "charge bargaining""anything less than 5 years will be a victory".

 

[AirManLuke]

No Rights Violated

The police have the right to search any area on your property except the space within your home, unless you rent your home, then the police can get consent to search from your landlord. As for your plant being in the backyard, theres nothing you can do about that, that was probably their clear example of probable cause. Even if you had the plant on the other side of the wall, inside your house, the police could still nail you for it, under the "in plain sight" rule, which entitles that police have the right to search if any crimes are in plain view , without entering the premises illegally. On the same subject, even if cops got a whiff of an illegal substance, perhaps coming from your chimney, it would still give them the right to search. Under "Exigent Circumstances", police can enter the premises of any home without a warrant if say; a citizen where in need of medical attention, or if drugs where inside the premises and the integrity of those drugs being used against the owner in a court of law was threatened. In english, they could enter if they thought you were going to flush the drugs or dispose of them. Other than that, i think your pretty much busted. Depending on the amount of weed, hopefully you can plea out to a misdemeanor charge, without an Intent to Distribute charge. Goodluck