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Searching house after bust in car

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rollin707

Junior Member
What is the name of your state (only U.S. law)? CA

I live in weed country in Northern CA. I often see people in the paper who, after getting caught with weed in their car (usually larger amounts), then get there house ransacked. I know some of these people have NOT consented. How is getting busted with marijuana in your car reasonable suspicion that you also have something in your house? The only thing I can think of is that the cop asks where they are coming from and they say: my house.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

I live in weed country in Northern CA. I often see people in the paper who, after getting caught with weed in their car (usually larger amounts), then get there house ransacked. I know some of these people have NOT consented. How is getting busted with marijuana in your car reasonable suspicion that you also have something in your house? The only thing I can think of is that the cop asks where they are coming from and they say: my house.
I'm sorry, but this is not a discussion or debate forum. If you have a legal question about a matter you are presently involved in, then please feel free to ask your question. Otherwise, we don't "do" hypotheticals.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? CA

I live in weed country in Northern CA. I often see people in the paper who, after getting caught with weed in their car (usually larger amounts), then get there house ransacked. I know some of these people have NOT consented. How is getting busted with marijuana in your car reasonable suspicion that you also have something in your house? The only thing I can think of is that the cop asks where they are coming from and they say: my house.
As mentioned, the paper likely does not contain the entire story. In general, the police either get consent to search the house, they obtain a search warrant, or one of the involved parties is on probation or parole with search conditions. But, short of some massive dealing, the cops really don't spend much time on marijuana - especially since it is pretty much legal now.
 

FlyingRon

Senior Member
Is that a county I never heard of? I though the whole state now fit that description.
No county that I know of with that name, but there is a City of Weed in Siskiyou County. The county seat is Yreka, which I guess comes four letters after eUreka.
 

CdwJava

Senior Member
Could be in the Emerald Triangle in the northwest portion of the state ... it's been marijuana friendly for a few decades, and the DA in one of those counties ran on what could be claimed to have been a pro-weed platform. The feds with state and local agencies have been fighting (literally ... with gunfire and automatic weapons ... don't read about that in the papers outside of the area) the heavily armed Mexican cartels in the mountains there for years, and even with legalization, these massive grows on state and federal land will continue. There are areas of National Forest and BLM land that are recommended off limits for hikers due to the dangers posed by these grows.

Okay ... rant mode off.
 

rollin707

Junior Member
Could be in the Emerald Triangle in the northwest portion of the state ... it's been marijuana friendly for a few decades, and the DA in one of those counties ran on what could be claimed to have been a pro-weed platform. The feds with state and local agencies have been fighting (literally ... with gunfire and automatic weapons ... don't read about that in the papers outside of the area) the heavily armed Mexican cartels in the mountains there for years, and even with legalization, these massive grows on state and federal land will continue. There are areas of National Forest and BLM land that are recommended off limits for hikers due to the dangers posed by these grows.

Okay ... rant mode off.
That's correct. I am in the Emerald Triangle. I personally know of more than one person (one very recently) who got busted in his vehicle and then had his house searched a day later without consent. He made it a point not to be there because people around here know that if you're pulled over with a large amount, they're coming to your house.
 

CdwJava

Senior Member
That's correct. I am in the Emerald Triangle. I personally know of more than one person (one very recently) who got busted in his vehicle and then had his house searched a day later without consent. He made it a point not to be there because people around here know that if you're pulled over with a large amount, they're coming to your house.
To be honest, obtaining a search warrant for someone who is obviously engaged in cultivation or distribution is pretty easy. It takes about 2 hours on the short end, and less than 24 in the long term (if everyone wants to go home for the night and wait until the judge has had breakfast). That, and very often people engaged in these activities are already on searchable probation or parole so it's simply a matter of identifying the locations involved and affirming that a responsible party is, indeed, on probation or parole.
 

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