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charged with meth lab

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gsfutrell2003

Junior Member
What is the name of your state?tn

I am in Tennessee. The county police showed up at our house stating they were driving down hwy and smelled what they thought to be anhydrous ammonia coming from our place and asked if they could search. My husband, knowing there was no meth lab in our house, signed ok for search. Another officer showed up and started ransacking our bedroom first, found paraphinalia(spelling?) and other officer again commented on the smell from the hwy. My husband told them that if they smelled something outside, shouldnt they be "outside" instead of in here, where you could tell there was no smell of such. Officers went outside, making us sit on porch while they looked around. Came back to porch and arrested us for meth lab out in corn field, and for anhydrous ammonia and parafinalia. We got out on bond and when we got home, found search warrant (somewhere in house). On it stated the incidences and said that meth lab within 35 yards of house. From my house to end of my yard is a bit over 35 yards, and lab was not found "in my yard". It was over 35 yds. By the way, the lab was not ours. Can you tell me if a search warrant is valid for a distance that far away from our residence? How can they charge us with this lab if we were in the house? They walked my husband out to the location of this and he said it looked like someone was having a picinic out there. Any info you can tell me will be appreciated. thanks
 


CdwJava

CdwJava

Senior Member
The warrant usually describes the area to be searched, and if the area appears to be part of the contiguous property or lands described in the search, than it is valid. Not to mention the fact that if they have a lawful right to be where they were and then observed the lab set up from where they were standing, then they had a right ot act on it anyway.

And a lab does not need 24/7 tending ... so it would NOT be a stretch to charge the person in the neearest structure with the lab.

I don't suppose you had ever seen the people cooking the dope just a stone's throw from the house, eh? Especially if the smell was strong enough to be smelled from the road.

And, of course, having paraphernalia in your house that was an indicia of either manufacturing or using dope does not help your case.

Carl
 
H

HomeGuru

Senior Member
gsfutrell2003 said:
What is the name of your state?tn

I am in Tennessee. The county police showed up at our house stating they were driving down hwy and smelled what they thought to be anhydrous ammonia coming from our place and asked if they could search. My husband, knowing there was no meth lab in our house, signed ok for search. Another officer showed up and started ransacking our bedroom first, found paraphinalia(spelling?) and other officer again commented on the smell from the hwy. My husband told them that if they smelled something outside, shouldnt they be "outside" instead of in here, where you could tell there was no smell of such. Officers went outside, making us sit on porch while they looked around. Came back to porch and arrested us for meth lab out in corn field, and for anhydrous ammonia and parafinalia. We got out on bond and when we got home, found search warrant (somewhere in house). On it stated the incidences and said that meth lab within 35 yards of house. From my house to end of my yard is a bit over 35 yards, and lab was not found "in my yard". It was over 35 yds. By the way, the lab was not ours. Can you tell me if a search warrant is valid for a distance that far away from our residence? How can they charge us with this lab if we were in the house? They walked my husband out to the location of this and he said it looked like someone was having a picinic out there. Any info you can tell me will be appreciated. thanks
Click to expand...

**A: and whose meth lab was it? Did you and your husband work in this meth lab?
 
H

Happy Trails

Senior Member
QUOTE:
...and other officer again commented on the smell from the hwy. My husband told them that if they smelled something outside, shouldnt they be "outside" instead of in here, where you could tell there was no smell of such."


**You couldn't smell it because the 'olfactory nerve' tires easily... and you were used to the smell.
 
G

gsfutrell2003

Junior Member
This was not visible from our yard. Even the police officer said while we were waiting on porch that he could not smell it there. I had been outside finishing mowing and did not smell anything. And NO, both of us have full time jobs and dont need that type work. No, nothing wrong with 'olfactory nerve', we're not used to smelling that.
Will mention that brother in law who has been jailed for this in past lives with us and happened to "not behome" at that time said it was not his either.

I have not been in trouble ever before and husband has a para. charge about 4 years ago for pot roach and scales.
 
G

gsfutrell2003

Junior Member
I did say no, we were not working in this lab and it was not ours. If I answered the "who's was it" I would be speculating, but I would say his brothers.
 
G

gsfutrell2003

Junior Member
Just to add a note - Would you really think the brother in law would say yes it was his? He aint gonna take the rap for is as he will go back to jail. So he wont tell us it was his.
 
R

rmet4nzkx

Senior Member
gsfutrell2003 said:
Will mention that brother in law who has been jailed for this in past lives with us and happened to "not behome" at that time said it was not his either.

I have not been in trouble ever before and husband has a para. charge about 4 years ago for pot roach and scales.
Click to expand...
Hummmmmmmmm sure your BIL didn't know anything? It only takes 3-4 hours to cook up a batch, so he could have been gone, did you pass this information on to the police? Anhydrous ammonia used to be used in "Fumed Oak" an arts and craft finsih, your BIL into furaiture finishing? Aparently the chemicals required for Meth Labs are also frequently available in farm supply stores and Rural Meth labs a problem across the country, so best to report the smells comming from the corn fields, remember"If you build it they will come." See, that has a whole new meaning.
 
G

gsfutrell2003

Junior Member
Well, I do furniture refinishing, but not in corn field. Cops found "meth lab in various stages" is what on warrant. BIL says it aint his, I think differently but can not prove it.
 
H

Happy Trails

Senior Member
gsfutrell2003 said:
This was not visible from our yard. Even the police officer said while we were waiting on porch that he could not smell it there. I had been outside finishing mowing and did not smell anything. And NO, both of us have full time jobs and dont need that type work. No, nothing wrong with 'olfactory nerve', we're not used to smelling that.
Will mention that brother in law who has been jailed for this in past lives with us and happened to "not behome" at that time said it was not his either.

I have not been in trouble ever before and husband has a para. charge about 4 years ago for pot roach and scales.
Click to expand...
**Didn't say you had a defective 'olfactory nerve'. Just said it tires easily that is why you couldn't smell it. But the police officers could.
 
G

gsfutrell2003

Junior Member
Cop said he smelled it driving down hwy, then when he was in yard, said he could not smell it. I know I couldnot, hubby was inside on computer.
 
CdwJava

CdwJava

Senior Member
Anhydrous ammonia is commonly used in the "**** Method" of cooking meth. It is VERY volatile, very dangerous, and even a small amount can be smelled from far away. There are many farming uses for the substance, but it is also commonly stolen from chemical storage facilities by dope cookers. Its a huge product here, and occasionally stolen by tweakers. Some who succumb before they get out of the yard of the facility!

(Edit: Hmm ... apparently the auto-editor does not like the term ... it is supposed to be the name of the National Socialist Party of Germany in 1938)

Carl
 
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gsfutrell2003

Junior Member
And your point is?

I know generally what it is and its uses, legally and illegally. As I am sure you read, my BIL was in jail for this previously. We've heard all about it.
 
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