 | | 
04-03-2009, 08:27 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 12
| |  Warrant for cultivation?
What is the name of your state (only U.S. law)? CA
For some time, I have suspected my ex-husband is growing marijuana in his home. My child took some random cell phone pictures while she was over there, one of which looks strongly like several marijuana plants. The living conditions are awful. The place is a mess as well, with random things strewn all over the floor. If I go to the police, will they have enough information to get a warrant based on a small grainy photo? |
04-03-2009, 08:56 PM
| | Senior Member | | Join Date: Apr 2007 Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
| | | How would WE know? What did the police say when you asked them?
__________________
Someone else sees it too: Quote:
Originally Posted by sandyclaus  CourtClerk is right. | |
04-03-2009, 09:02 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 12
| | | I would like to know what constitutes probable cause, since I have been to the police before about his illegal prescription drugs and they said they can't do anything unless he is caught red handed, i.e. gets a DUI and they find pills on him that are not prescribed to him. My civil attorney recommended I turn the entire cell phone over as evidence, but did not have any idea if they would take action or not. |
04-03-2009, 09:04 PM
| | Senior Member | | Join Date: Nov 2007
Posts: 8,428
| | Quote:
Originally Posted by andjustice4all I would like to know what constitutes probable cause, since I have been to the police before about his illegal prescription drugs and they said they can't do anything unless he is caught red handed, i.e. gets a DUI and they find pills on him that are not prescribed to him. My civil attorney recommended I turn the entire cell phone over as evidence, but did not have any idea if they would take action or not. | it may or may not depend on the police officer that it gets reported to. only one way to find out.
personally, i'd take it to the police station myself. |
04-03-2009, 09:15 PM
| | Senior Member | | Join Date: Jul 2005 Location: Massachusetts
Posts: 14,010
| | | [url]http://forum.freeadvice.com/drunk-driving-dui-dwi-27/dui-arrest-public-information-443895.html[/url]
__________________
~A 8 a.m. bus-stop conversation~
"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"
~~~~~~~
|
04-03-2009, 09:19 PM
| | Senior Member | | Join Date: Apr 2007 Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
| | Quote:
Originally Posted by andjustice4all I would like to know what constitutes probable cause, since I have been to the police before about his illegal prescription drugs and they said they can't do anything unless he is caught red handed, i.e. gets a DUI and they find pills on him that are not prescribed to him. My civil attorney recommended I turn the entire cell phone over as evidence, but did not have any idea if they would take action or not. | Just how do you prove that the picture was taken at his house?
__________________
Someone else sees it too: Quote:
Originally Posted by sandyclaus CourtClerk is right. | |
04-03-2009, 09:53 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 12
| | Quote:
Originally Posted by CourtClerk Just how do you prove that the picture was taken at his house? | Well, I have a GPS locator report that was sent to me by the phone from his house at 8 PM. |
04-03-2009, 09:56 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 12
| | Quote:
Originally Posted by Blue Meanie [url]http://forum.freeadvice.com/drunk-driving-dui-dwi-27/dui-arrest-public-information-443895.html[/url] | What's your point? I am trying to protect my child from this alcoholic, drug addict loser who constantly breaks the law and gets away with it. |
04-03-2009, 09:57 PM
| | Senior Member | | Join Date: Apr 2007 Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
| | Quote:
Originally Posted by andjustice4all What's your point? I am trying to protect my child from this alcoholic, drug addict loser who constantly breaks the law and gets away with it. | This alcoholic, drug addict loser is your child's parent. So I guess your child is half alcoholic, drug addict loser.... oh wait, you don't like that, now do you? DON'T CALL THE PARENT OF YOUR CHILD NAMES!!!
__________________
Someone else sees it too: Quote:
Originally Posted by sandyclaus CourtClerk is right. |
Last edited by CourtClerk; 04-03-2009 at 09:59 PM.
|
04-03-2009, 09:59 PM
| | Senior Member | | Join Date: Jul 2005 Location: Massachusetts
Posts: 14,010
| | Quote:
Originally Posted by andjustice4all What's your point? I am trying to protect my child from this alcoholic, drug addict loser who constantly breaks the law and gets away with it. | You are a total jerk for USING your child in this manner. A JERK.
__________________
~A 8 a.m. bus-stop conversation~
"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"
~~~~~~~
|
04-03-2009, 09:59 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,452
| | Quote:
Originally Posted by andjustice4all I would like to know what constitutes probable cause, | In short, if they have probable cause to believe that a crime has been committed and that evidence of the crime can be found at the residence, a judge might be willing to sign off ona search warrant. With your son's statement that he is growing marijuana, and the pictures, that should be enough to get a search warrant.
However, if the plants are not discernible as marijuana in the photos, and the child cannot testify to knowing what marijuana looks like, no warrant will likely issue. In that case, you might just have to go back to Family Court and ask for a modification to visitation ... maybe to include drug testing and home visits?
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!"
He Who Kneels Before God
Can Stand Before Anyone
....author unknown
Last edited by CdwJava; 04-03-2009 at 10:02 PM.
|
04-03-2009, 10:03 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 12
| | Quote:
Originally Posted by CourtClerk This alcoholic, drug addict loser is your child's parent. So I guess your child is half alcoholic, drug addict loser.... oh wait, you don't like that, now do you? DON'T CALL THE PARENT OF YOUR CHILD NAMES!!! | People who operate outside the law should be punished and have consequences for their actions no matter what pretty names you want to call them. |
04-03-2009, 10:08 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,452
| | Quote:
Originally Posted by andjustice4all People who operate outside the law should be punished and have consequences for their actions no matter what pretty names you want to call them. | CC's point is that you should not be seeking to demean the child's father in her presence. It's not right. Plus, in many instances, it can put you on the wrong side of a CPS investigation or even a Family Court decision. I have seen such language built in to many custody and visitation orders preventing rude, crude or demeaning commentary regarding the other parent. No matter what you think of the father today, it does not serve anyone's best interest to call him names in front of the child.
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!"
He Who Kneels Before God
Can Stand Before Anyone
....author unknown
|
04-03-2009, 10:09 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 12
| | Quote:
Originally Posted by Blue Meanie You are a total jerk for USING your child in this manner. A JERK. | My child is walking around in a 2 bedroom apartment with pot growing in the room in which she sleeps and they could be robbed or whatever goes on in that kind of environment and you are calling ME a jerk for expecting my ex to live within the boundaries of the law while our child is in his care? Meanwhile I am sitting here after 7 PM waiting for him to pick up his child when he was supposed to be here at 6 PM and has not called nor shown up yet. What kind of world do you live in?
Last edited by andjustice4all; 04-03-2009 at 10:11 PM.
|
04-03-2009, 10:09 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 12
| | Quote:
Originally Posted by CdwJava CC's point is that you should not be seeking to demean the child's father in her presence. It's not right. Plus, in many instances, it can put you on the wrong side of a CPS investigation or even a Family Court decision. I have seen such language built in to many custody and visitation orders preventing rude, crude or demeaning commentary regarding the other parent. No matter what you think of the father today, it does not serve anyone's best interest to call him names in front of the child.
- Carl | I am not and do not call him names in front of the child. My child does not read legal advice forums. As far as I know, I am still entitled to my own opinions. | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
All times are GMT -5. The time now is 11:29 AM.
