Probable cause, etc

[Bioshock]

What is the name of your state? Massachusetts

Well I've got a strange situation that I got roped into. My girlfriend recently quit her job where she was being mentally abused by several coworkers, one of which is trying to ruin our lives by tipping off the law that I do drugs. I'm a regular marijuana smoker, I have a few pieces and have been growing for a couple of months now, for personal use so I don't have to pay insane prices.

The question is, is her word probable cause or reasonable suspicion enough for the police to search my apartment? Wouldn't they require a warrant to be able to search my premises?

Just paranoid, not that I'm a dealer or anything but if this woman can pull the strings she claims she can, I can be in a world of hurt. I don't deal or anything like that, so I'm not THAT worried, but how far can someones word be taken in a situation like this? I don't trust her at all and I need to make sure I have all my bases covered.

Thanks

[The Occultist]

You should be worried. If caught, you won't just get a possession charge, but you will also get a cultivation charge, and, depending on how much you happen to have when caught, you can still get that intent to distribute charge.

No, a person's word will not be enough to issue a search warrant of your house. If, however, she calls and says "Oh they're smoking right now", and an officer is dispatched and does smell the marijuana and determines that it is indeed coming from your place of residence, that will be sufficient probable cause to search.

Stand by as other, more knowledgeable posters may have further insight and/or corrections to anything I've said.

[Bioshock]

Originally Posted by The Occultist

You should be worried. If caught, you won't just get a possession charge, but you will also get a cultivation charge, and, depending on how much you happen to have when caught, you can still get that intent to distribute charge.

firstly, thanks for the timely response and you've actually eased my mind more than anything believe it or not, lol

I never have more than a few grams at most, there's no way I would get busted on distribution unless I was set up or something.

Originally Posted by The Occultist

No, a person's word will not be enough to issue a search warrant of your house. If, however, she calls and says "Oh they're smoking right now", and an officer is dispatched and does smell the marijuana and determines that it is indeed coming from your place of residence, that will be sufficient probable cause to search.

Understandable, though this woman is way too far out of my life for that to happen. She lives a few towns over and she would have to be really worked up to even just make a pretty estimated guess as to when i might be toking up...

[seniorjudge]

Someone's word can be probable cause if there are enough facts given in the statement.

"I think John Doe is doing dope" won't cut it.

"I think John Doe is doing dope and he grows it in 8 inch red pots under a grow light in his back bedroom. I saw it the other day when I was there" would probably be enough.


(By the way, marijuana gives you weak wienie so put on your big girl panties and deal with it.)

[Bioshock]

That's a very valid point, although this woman would actually have to lie for that to happen.

She's never been here, she's never even come close to being here, heck I don't even think she knows exactly where we live. She could probably look our address up at work though.

Point is, she would have to do some seriously underhanded stuff to get me busted...would anything like that be able to counter against her if she were to try?

[seniorjudge]

Originally Posted by Bioshock

That's a very valid point, although this woman would actually have to lie for that to happen.

She's never been here, she's never even come close to being here, heck I don't even think she knows exactly where we live. She could probably look our address up at work though.

Point is, she would have to do some seriously underhanded stuff to get me busted...would anything like that be able to counter against her if she were to try?

I really have no answers to these hypothetical questions.

[Bioshock]

I understand. I'm mostly just theorizing and covering my bases before she actually makes a move, if she's going to...which I doubt she will but like I said I just want to make sure I know what rights I do or don't have as far as a search on my apartment goes if it were to happen in a worst case scenario. Just being careful, is all.
Thanks for your help, both of you.

[VeronicaLodge]

Originally Posted by Bioshock

That's a very valid point, although this woman would actually have to lie for that to happen.

She's never been here, she's never even come close to being here, heck I don't even think she knows exactly where we live. She could probably look our address up at work though.

Point is, she would have to do some seriously underhanded stuff to get me busted...would anything like that be able to counter against her if she were to try?

listen, if she lies and they get a warrant and they find stuff you are in trouble even if you can prove she lied it wont "unfind" what they found.

[Bioshock]

Originally Posted by VeronicaLodge

listen, if she lies and they get a warrant and they find stuff you are in trouble even if you can prove she lied it wont "unfind" what they found.

Yeah I know that much, though honestly she'd have to bend over backwards to get me in trouble which is really all my theoretical questions have been about; to feel out how much she'd have to go out of her way to get me in trouble. My gf and I are too unimportant to this woman for her to do something crazy like lie to the police for no reason other than to justify her own selfish means.

again, thanks

[jaquin]

Search the internet about cases where cultivators were busted because of odor from the shrubs (yes, they smell like the real McKoy), beause of high electric bills, because of a violet light from the basement, because of stems in the trash, or simply because your friend Harry displayed a 2' half dry branch.

Cultivation, intent for distribution and other drug charges can really screw you up. Remember, you will become the focus of attention for a while. You are under mercy of everyone who knows about it, particularly your GF.