This is a good one - Illegal search of home

greenvalley

New Member
I noticed the legal forum and figured what the hell, I'll post what happened to us awhile back.

But first a few quick facts: I live in Alaska. The raven law and our state constitution basically on a technicality legalized marijuana possession/cultivation in residences to a limit of 24 plants and guarantees privacy is given to the states residents.

One day back in may of this year while I was at work I got a call from my wife, who's a medical card holder, telling me a trooper just left out our door with all her plants. Matter of fact, that was harvest night, day 64 of flowering. We had a little cabin on a lot that had other cabins there as well. There had been a fire maybe 3 or 4 cabins down, so 60 feet down perhaps from ours. She noticed out the window a line of firetrucks rolling by as well as a trooper approaching our porch.
She went out before he arrived. He told her there was a fire that he had to notify her of and he couldn't help but notice the odor of marijuana in the area and he'd been here a week earlier and noticed it then as well. She said "yes, I'm a medical card holder." He said good and asked if she knew the current laws, he quoted them and then said he had to see her card. She said fine but you can't enter my house without a warrant, right? he replied yes, but i will stay right here until then. She turned and opened the door to walk in and he followed behind her and put his foot into the door jam and told her he didn't feel comfortable to let her shut the door, that he had been shot at before. She again told him you're not welcome to enter my home without a warrant.

Her purse was in the bedroom, she got her card from it and re-entered the living room to find he was standing inside our home with the door closed. He looked at her card and asked where the plants were. He entered the loft area and left my wife downstairs as he took pictures and ripped the plants out of their pots.

After I got home, smoked a bowl and called some paralegals that dealt mainly with marijuana cases informed me how badly the officer fucked up. He shouldn't of entered my home without the warrant, some would argue the second he puts his foot into the threshold of your home he's in violation. Searching without warrant can take place under good faith - officer believes crime is taking place or evidence to a crime is being destroyed, plain sight - see a crime taking place or evidence to a crime, exigent circumstances - harm or death may occur to occupants of home. None of these applied, he had no reason to believe a crime was taking place due to odor since the nose test has already been proven in court to be null and void.
He failed the leave an inventory report which has to be left with the owner of the property that's being seized. He didn't leave any contact information. The way he conducted himself was strange in a few ways such as not calling for a second officer, didn't ask if we had weapons in the house nor cleared the house for them - remember he wedged his foot in the door because he was afraid of being shot at? He didn't take any equipment, just the plants. He told the wife they might be back to take her to jail and vanished with a crop of the stinkest, danky ass, purple hued grandaddy purple flowers. About a week later we had a another trooper with a k9 unit take the dog on the tour of our front yard sniffing around, was very weird. Since then we've moved and all has been silent.

No charges were brought, no phone calls or anything. It's as if it never happened which means the pig stole our shit or they know how bad they fucked the pooch and want to stay far, far away from us.
 
That's lame man fucking pigs straight jacked you and got away with it you should have pushed the issue if it was all legal man good enough lawyer would have had them facing criminal charges for robbery that's just money and time though for them to come out of it with a slap on the wrist but idk I just hate the system and love to make it known how shady those pigs are so we can open more and more Americans eyes to the fake ass illusion the government upholds
 
This statement of fact is concerning my arrest on June 6th 2014 for possession of Marijuana and paraphernalia.
I was involved in a heated argument with a live-in-roommate Margaret Lapeer. As the argument heated I asked Margaret Lapeer to pack and leave my residence and she started to comply.
The police arrived and asked what the problem was. I allowed him to enter my apartment. 10 feet from the front door was the bedroom where Margaret Lapeer was packing her belongings. While talking to her I told the officer that I did not want her to take my cell or any of my property. After talking with her for several min this officer begin to search my private property and I asked him to stop and he refused. He stopped me from entering my bedroom to retrieve my medications. Next he went into my kitchen and began to search. He used a flash light and begin to search behind my computer, (the lights were out and only light from computer screen was on)
He searched a desk that held my computer. After a few min he pulled out a large pill bottle and asked who did this Marijuana belonged to, I told him I did not know that and that it was not mine next he put this bottle in front of the monitor and took pictures of this. This pill bottle and some items were taken from behind my computer monitor was placed on display to take pictures. I told him ask Margaret Lapeer because I had no idea who it belonged to and she also lived here and this was her residence I also told him she sat at that desk and used my computer every day.
Next when she was thru he then told me I was under arrest for this Marijuana that was hidden behind my computer. I was handcuffed and taken to Jail.
This marijuana was not in site and nobody was smoking it. This officer was called to assist me in protecting my property and he refused to do so. He had no right to hold me in my house and do any kind of search. He has violated my constructional rights. He refused to listen and he continued to allow Margaret Lapeer to do what ever she wanted in my personal belongings instead of removing her as asked. After she filled several trash bags and removed them outside to leave he took me to his car, I told him I needed my medication, he then went back inside my apartment with my door keys to get the meds. When he came out he stopped and talked to Margaret Lapeer. I told this officer she would re-enter my house and take things. I also informed this officer that she was on parole and the pot must have belonged to her, I also told him she was on parole and had over 14 felony convictions for theft related crimes and she would re-enter my home but he would not listen.
 
That sucks, OP. But I guess losing a few plants is better than one's freedom. A friend of mine had a similar story: police come by for an unrelated reason, force their way in, search for the plants and haul them away. He didn't get any documentation, no letters or calls for over 6 months. He thought it was over with until they charged him with a felony. He's since gotten it expunged at the cost of a few thousand dollars and couple years parole. Hopefully that seizure doesn't ever catch up to you guys. I agree they probably withdrew charges after screwing up the search.

Cops are so shady... I didn't realize it at the time but I think a state patrol officer tried to scam me once when he offered me to pay a speeding ticket in cash while he was issuing it. It was $75 and if I had the cash on me I probably would have just paid and gotten it over with. But looking back now, he was probably trying to avoid the system and pocket my money. Wouldn't be surprised if your cop did the same with your plants.
 
Yeah this type of thing Unfortunately Happens all over our Globe, Literally. I'm from Toronto Canada eh. & I was sitting in my living room smoking a bowl when u know who came in unannounced & a warrant so wrong it couldn't be right. Anyhoooow, they couldn't find a single blade of grass & pulled from their pocket a bag of individually wrapped grams of Hashish They Said! When the time came for court they analysed it as Marijuana NOT Hashish? Karma/Poetic Justice? U tell Me! Fate has a way of keeping the Evil @ Bay sometimes @ least. People ALWAYS seem to Forget that Police ARE People Too.
 
Hey Tucker,
Actually if I understand the laws correctly, the moment you allowed the officer into your home , you technically gave him the right to search your home. You would have been much better off to have stepped out onto the porch, closed the door and explained to the officer what was happening, then waited for your unwanted guest to step out of the house with her belonging. It would be outside of the house you would want to confront her with the police officer to make sure she did not have any of your belongings.

I am a strong advocate of the police having to wear body cameras at all times, to prevent them from over stepping their authority. It actually protects everyone, including the police.
 
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