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Cops find three marijuana plants, no charges?

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surfer89

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

Hello everyone. I recently had a neighbour over and we were hanging out on his birthday because he was having a dispute with his wife. She eventually called the cops on us, claiming there was screaming and fights going on at our house (none of which there were).

The cops showed up and asked to look around our house because they had complaints of fights and stuff. They eventually went upstairs to one of the bedrooms and found three marijuana plants we were growing. They told us if we cooperated and showed them where all our paraphernalia that they would just take it all and leave. We proceeded to do that and nothing happened, no tickets, and they just left. My question is should I really believe that nothing is going to happen? Do they have probable cause to come back in my house now that they've found this? Can any of the stuff they found be used against me since it they didn't have a warrant when they came through?
 


surfer89

Junior Member
Eventually one of my room mates did. They said they had to come in because of the complaint and that they also smelled marijuana.
 
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BOR

Senior Member
If he consented, almost end of story.

The only way out, is if he consented but any other roommate said NO.

The smell of MJ is NOT enough to justify a warrantless entry.
 

surfer89

Junior Member
Almost end of story as in they can use all that against us? Does it mean anything that the cops said they wouldn't press anything against us and that they didn't write anyone up?
 

BOR

Senior Member
Almost end of story as in they can use all that against us? Does it mean anything that the cops said they wouldn't press anything against us and that they didn't write anyone up?
No, I meant almost end if story unless there was a NO to consent also.

They can charge as long as it is within the statute of limitations to do so.

Now let' say it is a year for arguments sake, if they wait 11 months to do it, then you can argue to some degree?


The US SC ruled a few years back if there are 2 occupants that are able to give consent, one does and one does not, the police can NOT search a home.
 

BOR

Senior Member
There are 3 of us currently living here, 2 of us did not give permission 1 did.
I will try to find the case I reference, if not, I will ask Carl the cop.

IF it can be proven that 2 objected, you may be home free if they decide to charge??
 

surfer89

Junior Member
What is the likelihood that they won't charge? Does it really mean nothing that we cooperated and gave up everything and they said they weren't going to write anything up?
 

BOR

Senior Member
What is the likelihood that they won't charge? Does it really mean nothing that we cooperated and gave up everything and they said they weren't going to write anything up?

Cooperation generally means zippo.

I pm'd Carl about the case I am thinking of. I would find it with a quick search, but I will ask first.
 

BOR

Senior Member
Carl went offline, so I looked around, here it is.

Georgia v. Randolph:

Held: In the circumstances here at issue, a physically present co-occupant’s stated refusal to permit entry renders warrantless entry and search unreasonable and invalid as to him. Pp. 4–19.


http://www.law.cornell.edu/supct/html/04-1067.ZS.html

The 2 who objected seem to be unable to be Constitutionally charged?
 

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