unlawful search??

[zwara]

What is the name of your state? Indiana last august our local drug task force located 5 or 6 pot plants growing near our property but not on but rather in a cornfield nearby, we were questoned at that time on whether we knew anything about them which we did not, since the growing site was near our woods the authorities suspected it was us, the officer asked to search our house and property which I politely refused until they secured a search warrant which they refrained from doing, then today 5 months after the fact they obtained a warrant but found nothing. I was informed they had checked our trash and found 4 roaches in a cigarette box in one bag, the officer then said he could make a arrest with this evidence, my queston is "could he?"and how could this be a probable cause to search our home, we have never been involved in any type of drug activity and suspect the owner of the "pot" had been a visitor or family member visiting over the holidays, we feel totally violated by this act

 

[hexeliebe]

Feel any way you want but the officer is correct. The drugs (or residue) were located in a container (the trash) which is controlled and owned by you in the proximity of your home.

The officer had every right not only to secure a search warrant, but to conduct the search.

And yes, if he had wanted to he could have arrested you for possession of a controlled substance, although it probably would have been dismissed.

 

[zwara]

sadly I expect your correct but ya know.....we had our home broken into last summer and not only did the slime or slimes wreck our home but got away with two shotguns, a rifle, 2 handguns along with a whole shopping cart of our goods and when ya report it to law inforcement..and they finally make it to your home...they look around...ask intelligent questons like "have any idea you may have did this"..."well you know its hard to find these guys".....and then you even point out evidence that might offer up some clues....thay dont do nothing cuz they dont give ****.......but boy they find some roaches in a trash bag they cant wait to come to some quick conclusions...it sad when you fear the law more then a couple of punks growing some pot plants.....im sure the world is a safer place with a those roaches being found and my house invaded

 

[zwara]

Post Date

Since first posting this back in Jan. I have spent many an hour researching and trying to find some truth and I have learned a few things....(1). Actually only two marijuana cigarttte butts (not four as was told by officer) were found in my trash~~according to the inventory list of items found in my trash..approx 2 grams were recovered, one unused rolling paper, one plastic baggie with no drug residue being found inside. (2). Despite what guest "Hexelibe" said in regards to the officer's claim he could make an arrest for what was found in my trash is bogus buLL..unless a law enforcement officer witnesses the illegal substance being placed in a trash bag he CANNOT make an arrest since possession can not be legally attributed to an individual and the fact that curbside or roadside trash is no longer in control by the person once it is placed for pickup. If this was case then possession becomes the trash collector/city problem and takes control of the trash once it is placed in the truck and since as in my case the officer could only obtain it from the trash collector since unlike curbside trash in the city my trash sits on my property and without a warrant the officer cannot legally trespass in order to aquire it. It can only be used to obtain a search warrant to search the home and property~~My best guess is guest "Hexeilebe" is either a law inforcement officer or a person who makes comments without any facts. (3). Unless there is additional evidence that would give reasonable cause that a person or persons are engaging in criminal activity, a "one~time" trash search is not sufficent to obtain probable cause to obtain a search warrant....and there is more but I dont have the time to express it here.....since no criminal case was ever brought against me in this case there is not much more that is relevant other then what happen here was clearly a violation of my constitutional rights whether you like it or not, the problem is unless you are arrested, legally there is no recourse in these types of situations but to do your best to bitch and to place as much cat **** and dog **** and anything else you can legally put in your trash to give to whoever who feels the need to snoop in your trash something to think about....pappy

 

[seniorjudge]

https://forum.freeadvice.com/showthread.php?t=210724

You're double posting.

 

[HomeGuru]

That's what happens due to drugs. Confused state and forgets things.

 

[seniorjudge]

"That's what happens due to drugs. Confused state and forgets things."

I need to start doping so I will have an excuse!

 

[zwara]

That's what happens due to drugs. Confused state and forgets things.

Oh no....... I dont believe the officer was doping that day, however interesting thought ya got thar homeguru..perhaps in his confusion after posioning his mind with drugs the officer dropped his empty cigarette pack containing the remnants of his morning dose while searchin my trash but whether the unused rolling paper was his or not may never be known...ya recken that would constitute probable cause to asume it was???

 

[Florid-aise]

I almost hate to interupt here, especially when the dialouge is staying so well on point, but tonight, I could not resist.

zwara. Truth is its a great thing to get the update from you. Much of the time nobody else does. Cool Beans.

Let me offer this friendly advice to you, in a well-intended fashion. It appears from the tenor of your type, that this issue is one of personal outrage and personal offense. I cannot help but agree. Only those having to suffer through a legal search warrant being executed feel violated as you seem to be. The other personalities offering their humorous (or humorless) input, mean realitively little harm, but it would appear to you that the humor is being had at your expense. You would be correct. But forget that for a moment. The information in these guys heads, once translated to their humor-spinning fingers upon the keyboard can shed much light for you if you don't fall for the little trap set for you. Show you are offended, and they will shut their legal-knowing traps completely shut.

On another note, do this. It too is Cool Beans. Take down from the shelf, blow the dust off of it, download it , buy it, borrow it, check it out from the library, but don't steal it; the U.S. Constitution, and read it. I'm setting you up for something, so go along with me. Right this instant, men and women half a world away, are standing in harm's way, to defend that constitution, and trying to birth another one. Seems to me, the least we could do, is take the time to read the darn thing while in the comfort of our cozy little homes. It is what motivated me to do it, and I can barely put the thing down anymore. I double dog dare you to take up reading the history of this country's forefathers. It's the darndest stuff you ever saw. The original signators of the Declaration of Independance, were persecuted to the last man. Their homes, their families, and their possesions. And yet, not one of them recanted their signature. (Still with me, I haven't finished with the set-up here?).We Americans today, don't have a spindly small clue what commitment to a cause is by comparison. Watered-down today, is the real-time reality of that document's original purpose. Want to start a whole life-long argument? Then take a position - either one - on whether the militia is a private milita for local towns to have and keep for the protection of those towns from the oppressive invasion of the government, or whether the militia is the military we know today. Want to really fire up the community? - Then talk about them guns, son; and the right to bear 'em. Search and seizure? After finally, and I mean finally, these guys drafting this thing had really had their fill of being intruded and invaded by the King all the time. What do you suppose the original meaning was?

Here's the pitch, and I'm counting on you to hit it. Our county's supreme court over time, has layer by layer, seemed to percieve the constitution was written for the government, and not the people. Yet the words "the people" (in cases that I won't cite here) have been deemed an individual right, rather than a collective right. Seem odd? Seem contradictory? Perhaps because it is, or it may be, or it may be on its way to being so. Confusing? I would think so. It takes attornies, years of training to speak the language of that court, and then that court only takes 80 or so cases to hear each year, picking those that they deem worthy of their intepretation. Leaves a lot of us out in the cold, seems like doesn't it?

Don't curse the night for being dark, turn on the light. Your constitution buddy, YOUR constitution, says that you do not have to be searched unreasonably. You do not have to be rousted by agents of the government or the state without due process. YOUR constitution tells you that you can have a redress of your grievences. You, zwara, you. It was written, suffered to become in existence, suffered to remain in existence, is still in existence today...for you.

Now, see how easy it is to overlook the short-sighted ones making light of your situation, when you have much larger fish to fry. Man, you have your constitution to defend, and your constitution to activate. It is yours buddy, it is yours. Never let off of that, ever...for once forgotten, it never was. And who wants to be responsible for being the last one out the gate that dark night and have to watch that flame flicker out. I've got breath, not me. How about you?