Live Stoner Chat Busted

[krug]

Just make sure your gaff is clean(no evidence of past growing!). Then the pics are meaningless(could be photo shopped/plastic props...no link to a grow, means no charges!)
...Then you can decide on how t`move forward(let things cool down for 6 moon or, move to a new place etc)...The main thing being that you will(hopefully,lol) be free to make that decision! Like i mentioned earlier, painful, yes...but, worth the short term misery...in the long run..."My 2 cents" :Sharing One:

 

[az2000]

I am no expert in law but I would assume if they could find your plant pics on your phone, they would of confronted you already.

It may take a couple days for the legal process (unlocking the phone). Also, they may prefer keeping a "person of interest" on their radar, looking for more connections, etc. A strategic interest rather than the tactical victory of putting one person under heavier penalties.

I think the OP should research whether the police accessed his phone. From the article I posted, it sounds like if he has an Android phone he'll know because the password will be reset.

This is a tricky area. I wouldn't want to show much interest in whether they searched the phone because it would sound like I have something to hide. But, I'd also want to know what they know. (Whether I'm a "person of interest"). I suppose a lawyer is the only person who would know what a person's rights are to this knowledge, and request it without sounding guilty.

 

[pop22]

Chop the plants, then chop the up real small, wear glove when you handle the plants and any plastic bags you will put them in. Dispose of them FAR from your home. Better safe than sorry!

 

[az2000]

Never say the pics are from a friend! The next question asked is the name of your friend. Just say you collect pics of appealing plants found on the internet(Google images).

I'd be careful with that argument. Tags in the image may prove it was taken with your phone, not random phones across the planet (found via Google search). I would rather be in a position of saying they are photos I took, but I refuse to identify whose plants.

What's the worst case scenario? They might offer to drop the hash charge if he turns in the names of those people cultivating. But, since he knows they're his plants, he would just reject the offer and take the hash penalty.

If the pictures contained information proving they were taken at his residence (a couch in the background, GPS coordinates, etc), that might be enough evidence to charge him with cultivation. In that case he could say someone brought the plant to his house for him to take pictures of. Continue to refuse to name that person because he's under no obligation to do so.

At this point, he would have a story sufficient for "reasonable doubt." ("They found no plants, no growing equipment, nothing. Just these photos which I've consistently said someone brought plants to my house to take photos. I had no involvement in growing them. I just took photos for my friend.").

As contrived as that story may sound, it wouldn't be nearly as bad as saying "I collected those photos off the internet" and the prosecutor demonstrating the astronomical odds of randomly downloading photos taken by the same model of phone.

I'd rather be in a position where my story may sound implausible -- but they can't prove me wrong. Once you're proven to lie, it makes it that much harder to create a "reasonable doubt."

I think we both agree that a lawyer would be the best advice to follow. And, if the OP ever accessed this forum from his phone, he probably shouldn't post here about what happened. They could identify his username from his phone (browsing history, stored usernames for auto-fill logins).

 

[AndyBotwin]

As was said before, I think the best approach is to say nothing at all. If anything about the phone pics comes up, just refuse to answer and talk to a lawyer. Don't tell lies you could get caught in later.

 

[medi]

I would be more likely to say I had no idea how the photos got on my phone. That would allow for plausible deniability without having to elaborate further. A good lie is one with as few pieces as possible.

I'm sorry that this happened to you DrBagSeed, and I know it is a setback, and that growing is something that you enjoy. But there is a timer running on all of this, and then it will pass. No matter how bad things get there is no reason to choose a permanent solution to a temporary problem.

I know it rings hollow when people tell you to try to keep your head up but the best advice I ever got was "you'll never be able to control everything that happens to you, only how you deal with it". Those are your watch words right now because outlook is one of the few things you have absolute control of. I wish you well my friend.

 

[Rebel]

That's what a good lawyer is for. There's no proof those are his plants on his phone. Could be anyone's.

Listen guys. Think smart. Not like LEO. they are lazy ass pigs. They don't want a dude with a fair amount of hash.. No judge will order a warrant for a ball of hash.

And just because you are in possession doesn't mean cultivation. People often get paranoid when getting caught but think rationally. Not everyone gets raided that gets caught with bud or hash.

Don't beat yourself up bro. Could be a lot worse. Keep your head up and lawyer up! Can't stress that enough.

 

[Eekman]

I don't think they are going to search you, but I don't know everything.

Certain conditions must be met before they can do that.

But I thought Obama would be better than Bush too.

So as you can see, I don't know squat.

However, I have been busted, and the Cops DID enter my house illegally, and all the charges were dropped because of it. They found 12 coffee cans full (the ones that didn't get dumped into the neighbors yard.)

Long story short, they thought that they could come into my home because they saw what appearded to be about 4 grams of Marijuana. Not a felony in CA.

California 905 Order says they cannot enter your home without a known felon being on the premises, OR Felonious activities being seen by law enforcement.

"Case Dismissed" Some very cool words to hear for sure.

This doesn't cover snitching, but neither is your bummer situation.

I feel for your pain though, the angst is the worse. Just know that you aren't doing anything wrong. And move to a friendlier place if you can.

Bye the way, that happened in 1984

Peace and Karma

Eek

 

[az2000]

They don't want a dude with a fair amount of hash.. No judge will order a warrant for a ball of hash.

That sounds reasonable. But, they kept his phone. That indicates they felt they might have luck with a judge. Some judges are more "generous" than others. Especially when they cozy with the police. For example, judge signs order on dubious grounds knowing the info will only be used for police to build a profile, known contacts, etc. They might not use the photos as grounds to search the house. But, they could use it to spend more time on the OP, who he associates with, looking for evidence in the trash. Things they wouldn't do without having a very strong idea he's into something.

I know you're point is that the OP should relax. I hate to make the OP worry unnecessarily (and destroy things unnecessarily). But, if they don't care about a small-time user I don't think they would keep the phone. You're right that a judge probably wouldn't sign a court order if the police wanted to find something more to charge the OP with. But, the legal system isn't that pure. A judge can have an "understanding" that evidence found won't be used to charge the OP *directly*. Just for "intelligence" in order to determine where to invest resources for more traditional evidence gathering.

I think the important question is whether the OP has the legal right to know whether his phone was searched (whether an order was signed, the manufacturer compelled to unlock it, etc.). I don't see any good way for the OP to press that topic without causing suspicion. I think the only person who could address that is a lawyer.

Sorry if I'm contributing to unnecessary paranoia. The chances may be slim (as you describe). But, what's at risk with cultivation charges is serious. It's like falling off a tall building. The risk may be slight, but the outcome is such that nobody wants to flirt with it.

 

[pop22]

Contrary to what some people here think, I can tell you from personal experience, that if you believe you can trust ANYONE in the legal system to do the right thing, play by the rules, etc, then I pity you if you ever have to deal with them. I learned the hard way, being honest with them, even when you know your innocent, will get you totally screwed!

There are 2 rules for dealing with the law, innocent or not:
1. SHUT UP
2. LAWYER UP

Why? ANYTHING ( including what you say ) can and will be used AGAINST you. Even things that should exonerate you.