busted for cultivation in florida without a seach warrant

my girlfriend and i was recently arrested for cultivation and possesion over 20 grams allegedly. the cops said they responded to a complaint in the trailor park then smelled fresh marijuana. i can tell u there was no smell and they did not have a warrant. they also claimed there was 36 mature plants when there was really only 16 mature and maybe a dozen half dead clones i was gonna throw out. i am not a dealer i only grew for my medical needs. i have been in and out of the doctors my whole life looking for a way to help me be a normal productive person. the doctors had me on about 7 different kinds of pills that only made me have side effects that where worse than my origanal problem. i found certain strains of cannabis to be 100% benifical to me and i could live a normal life by using my personal cannabis. my girlfriemd didnt even live with me she just happened to be here when they decided to raid me but she is on felony probabtion so she didnt get a bond and she has 2 kids that dcf is now trien to take and give them to someone else. i have been the only father to both the kids for over the last 2 years, my grow was in a room with a pad lock on it so noone had acsess or even knew it was there people such as neighbors and freinds and family have been in my home and noone ever had a clue to what i had. i dont have the money for a lawyer at the moment but i am trien my best to come up with the money to pay for a good one. i have also been trien to contact the president of the florida norml chapter. i firmly believe in the medical use of cannabis and i am praying that florida will recognize my medical nessicity defence. my girl friend had nothing to do with the grow and really didnt know what i was into. i never discussed my growing with her she only knew that cannabis helped me live a better life without several types of pills everyday but i never even smoked around her. i am really lost when it comes to what i should do or expect as a outcome. plz anyhelp would be greatly appreciated and i am 100% ready to stand my ground based on medical nessity. also could anyone tell me what kind of outcomeio could be looking at if i do lose. again thank you and legalize not penalize amen and god bless

cannabiscropper said:

my girlfriend and i was recently arrested for cultivation and possesion over 20 grams allegedly. the cops said they responded to a complaint in the trailor park then smelled fresh marijuana. i can tell u there was no smell and they did not have a warrant. they also claimed there was 36 mature plants when there was really only 16 mature and maybe a dozen half dead clones i was gonna throw out. i am not a dealer i only grew for my medical needs. i have been in and out of the doctors my whole life looking for a way to help me be a normal productive person. the doctors had me on about 7 different kinds of pills that only made me have side effects that where worse than my origanal problem. i found certain strains of cannabis to be 100% benifical to me and i could live a normal life by using my personal cannabis. my girlfriemd didnt even live with me she just happened to be here when they decided to raid me but she is on felony probabtion so she didnt get a bond and she has 2 kids that dcf is now trien to take and give them to someone else. i have been the only father to both the kids for over the last 2 years, my grow was in a room with a pad lock on it so noone had acsess or even knew it was there people such as neighbors and freinds and family have been in my home and noone ever had a clue to what i had. i dont have the money for a lawyer at the moment but i am trien my best to come up with the money to pay for a good one. i have also been trien to contact the president of the florida norml chapter. i firmly believe in the medical use of cannabis and i am praying that florida will recognize my medical nessicity defence. my girl friend had nothing to do with the grow and really didnt know what i was into. i never discussed my growing with her she only knew that cannabis helped me live a better life without several types of pills everyday but i never even smoked around her. i am really lost when it comes to what i should do or expect as a outcome. plz anyhelp would be greatly appreciated and i am 100% ready to stand my ground based on medical nessity. also could anyone tell me what kind of outcomeio could be looking at if i do lose. again thank you and legalize not penalize amen and god bless

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That's rough, I feel for you man. Fuck the cops. I'm not familiar with the laws in Florida, is it legalized for medicinal use or what?

Since Florida isn't a medical marijuana state I wouldn't try using medical necessity as a defense. In my opinion your best option is probable cause and the lack there of. It may well have been an illegal search.With respect to your girlfriend if she is on felony probation she could be charged with being in a place that produces illegal drugs. Main thing is keep quiet and don't talk to anyone but your attorney.

Sorry to hear that man, now become a fierce activist, since your going to need to take a break from smoking a while. Lol But here is a link, laws, lawyers, its a good starting point. Were the kids there?

I feel there is more to this?

http://norml.org/laws/item/florida-penalties

Lets hear more details about the "raid"...that's going to be your out from what I read...re-tell that part Por favor...g/l

Florida is a little different with the nasty laws but apparently may take mdeical defenses seriously
i have seen this posted in a few Florida threads, definitely worth researching
and if it's a no warrant search, lawyer up fast and hard, your best chance to get the illegally obtained evidence tossed in the preliminary hearing

Walter9999 said:

Lets hear more details about the "raid"...that's going to be your out from what I read...re-tell that part Por favor...g/l

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i had just got home from work about an hour before there was a hard knocking on my door so i go to look out the peep hole to see whole was beating on my door like that and i didnt see no on so i barely opened the door to see. after realizing it was the cops and not robbers i tried to slip out the door while locking it behind me but a officer grabbed my hand and said everyone must come out he stooped me from closeing the door and my girlfreind and the 2 kids had to come out as they come out 2 cops went in while about 8 other swat style cops held us outside. about 2 minutes later the 2 cops come back out my house and one handed me a clipboard and told me to sign it and this can go good for me or dont and they would have dcf take the kids and me and my girl arrested on the spot. i was in the middle of a anxiety attack and told them that the only way id sign was if my girl was let go and family could pick up the kids and that the only reason i was willing to sign it was because they had already violated my rights by entering and searching as soon as they made contact with me so they already knew what was in my house so they agreed and i signed some paper i couldnt even read it at the time but i now know it was a consent to search.they then continued there search and asked me basically to snitch on someone. i in turn told them i didnt know anyone and i didnt acsossiate with ppl like that. they did let the grandma pick up the kids but they didnt let my girl go even though she didnt live there and mygrow room was pad locked and sealed with pandafild with a second zipper door. there was no smell whatsoever as i ran 2 carbon filters and 1 ozone generator. my neighbors was watching and seen the whole thing with them coming straight in my house with out a warrant or consent.

cannabiscropper said:

i had just got home from work about an hour before there was a hard knocking on my door so i go to look out the peep hole to see whole was beating on my door like that and i didnt see no on so i barely opened the door to see. after realizing it was the cops and not robbers i tried to slip out the door while locking it behind me but a officer grabbed my hand and said everyone must come out he stooped me from closeing the door and my girlfreind and the 2 kids had to come out as they come out 2 cops went in while about 8 other swat style cops held us outside. about 2 minutes later the 2 cops come back out my house and one handed me a clipboard and told me to sign it and this can go good for me or dont and they would have dcf take the kids and me and my girl arrested on the spot. i was in the middle of a anxiety attack and told them that the only way id sign was if my girl was let go and family could pick up the kids and that the only reason i was willing to sign it was because they had already violated my rights by entering and searching as soon as they made contact with me so they already knew what was in my house so they agreed and i signed some paper i couldnt even read it at the time but i now know it was a consent to search.they then continued there search and asked me basically to snitch on someone. i in turn told them i didnt know anyone and i didnt acsossiate with ppl like that. they did let the grandma pick up the kids but they didnt let my girl go even though she didnt live there and mygrow room was pad locked and sealed with pandafild with a second zipper door. there was no smell whatsoever as i ran 2 carbon filters and 1 ozone generator. my neighbors was watching and seen the whole thing with them coming straight in my house with out a warrant or consent.

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also i dont have any money for a lawyer atm so can anyone tell me what my next step should be as far as trien to get this thown out and get my girlfriends out of jail cause she got vop cause she was on probation and was here when they raided me.

Lawyer Up my friend. There isn't shit you can do on your own unless you have a law degree or some serious court experience.First of all you need a motion to suppress the evidence. If you loose that then you want to go to trial with the case cause they will sweeten the offer to settle. If you are charged with some kind of sale or trafficking then you definately want a trial. You have to convince a jury that you are using for medical reasons and this is only about possession and not sale or distribution. This is called jury nullification and it can happen. Just buckle your seat belt and hold on cause it is going to be a difficult ride. As far as your GF you may be at a loss to help her. since she was on probation she should have been advised about "people and associations" as part of her plea for probation so she is going to have to take her licks on her own.

if you can't afford a lawyer, sounds like a public defender is the next option
i have seen many posts that a PD is not a good choice unless you get lucky
on the other hand, it would send a 'i got no money' message
and weed busts are about money, if they don't see any they may not be so gung ho

I think I'm seriously missing a part of this, you don't associate with "those" people, yet a seed to start did not just fall from the sky lol.

Police use scare tactics especially with kids. Police at door w/ no warrant? "Fuck off, no warrant, no give a fuck, bye bye"... Make them break the fucking door down next time. Makes them look REALLY bad to kick in doors without warrants. Like what they said, lawyer up asap, or go to your PD asap. Did you get ror'ed? or bonded?

Somehow they knew you grew, Without talking to anyone or anyone knowing, I doubt it. How large was this?
Every friend i have known to get busted gets a slap on the ass, and hole in the pocket.

The best thing you can do right now, is control your stress. Try not to think about worst case scenario, and remember, your a non-violent criminal at the end of the day, in a state with crowded to fuck all jails filled with people with rap sheets longer than my leg and violent people. Prison is for people who cant catch a fucking clue, and violent offenders. I doubt you do time, so much so, we should have a betting pool. lol... Just relax you'll be ok.

Hopefully shit is legal here in November anyways, and maybe before your court date, and then? Nada.

Damn, that sucks man. I wish you both the best.

The Supreme Court has ruled that smell is probable cause and no warrant is needed to bust your door down.

http://blog.norml.org/2011/05/17/supreme-court-eviscerates-4th-amendment-over-marijuana-smell/

You were tattled on. Despite what you say, somebody knew you were growing. Are you telling me nobody ever questioned the padlock on the room that nobody can enter? Your GF didn't know? I have to say.. I seriously doubt it.

Somebody ratted.. and the police believed them for whatever reason.. (obviously good enough) and knowing they didn't have enough for a judge to sign a warrant, they did what they did.

My advice - you do need a lawyer. I'd then try to push the angle that you were coerced into signing the consent warrant. The fact that your signature is on that paper is all the judge needs to forget about how/why the cops showed up in the first place. You signed consent. Cops do not have the power to make deals. They have some wiggle room as to who they will arrest in some situations.. but they can't promise you jack shit at the end of the day.

This reminded me of Jimmy Carters Law Day Speech.

I had lunch this week with the members of the Judicial Selection committee, and they were talking about a consent search warrant. I said I didn't know what a consent search warrant was. They said, "Well, that's when two policemen go to a house. One of them goes to the front door and knocks on it, and the other one runs around to the back door and yells 'come in'."

I really wish you the best of luck. Contact NORML and whatnot.. try to get an advocate on your side that has the resources to deal with this properly.

How is the bond set up ? What was the overall price of the bond ?


It's not likely that anyone would come after you if you fled to another state far away on a small cultivation arrest.


When I lived in GA before I moved to CO , I always had it planned if busted for growing, to make bail ASAP and flee to Oregon or Washington 3000 miles away. I knew that the chances were next to none on getting extradited back to GA on a closet cultivation arrest. The time , effort ,expense and 6000 mile round trip wouldn't have been worth it for any skip tracer or DA to send detectives that far away on such a low ball case with high expenses and effort involved in extradition. My plan was always to fight extradition if ever ID'ed and arrested in the state I fled to which would further complicate the extradition process.


Fleeing out of state post-bail was always my #1 strategy for getting busted on cultivation. We're only a few years away from seeing all states have legalization. A few states are lined up to pass recreational legalization by 2016, and by 2020, analysts predict all 50 states will be legal.


If you did flee out of state, and went far enough away, and started over elsewhere like a western or southwestern state, it wouldn't be too long before FLA changed their law. Then , the cultivation charge could be easily wiped off the books without much out-of-pocket legal expense if you wanted to go back to FLA and get it taken care of in the future when laws will be changed.


I'm not telling you that this is what you should do, just that it's an option. Attorneys are expensive and FLA is one of top 3 worst states to get busted for marijuana. A Public Defender is not going to fight like a private attorney and a Public Defender is going to tell you to take a shitty plea deal that will almost certainly involve some type of prison time on a 36 plant cultivation charge. Signing papers, like the above post is exactly right, shouldn't have signed anything.Before I started growing in GA when I lived there I researched all the elementary basics of cultivation penalties and 4[SUP]th[/SUP] amendment search procedures. 99% of the time the best thing to do is sign nothing and remain silent. MUCH easier to defend later in court.


25+ plants = 3 year mandatory minimum. Without a good expensive private attorney , it looks like a railroad shaft job and even with a private attorney it still reads like some mandatory prison to me. If it was me, I'd rather make sacrifices, cut losses, and get the hell out of FLA putting as many states as I could between me and that place and wait it out on legalization passing in FLA from another state instead of giving up at least 3 years of my life locked up and whatever state I fled to I'd make sure it had MMJ legislation at least.




http://thejointblog.com/florida-man-growing-marijuana-for-sick-wife-denies-states-plea-bargain/


http://blog.norml.org/2011/05/16/alternet-the-five-worst-states-to-get-busted-with-pot/


http://norml.org/laws/item/florida-penalties

Possession of 25 or more plants is a felony punishable by a maximum sentence of 15 years in jail and a fine of $10,000. Possession of less than 25 plant is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
You need a good attorney and can't afford NOT to have one.

Hate to sound like a dick here but I will, its Florida, and it is the worst state to get popped if your growing. Your girls fucked because she is on state paper, in a grow house, with 2 kids. No point to even think about getting a lawyer because you opened the door and then signed the consent. If they had their ski masks on they already had a warrant and were just waiting to see how you played it to protect their informant. The reason they had you sign the consent to search is because you were told on by one of your 25 trustworthy that you told. If you sign the consent to search the original warrant was never served so the true probable cause they had will never come out. Grammas gonna have custody of those kids for quite a while and if she lets you see them the state will take them. So you have felony cultivation, child endangerment for sure. Knowing florida the way I do plus the fact ur growing in a trailer park plus your girl being on state paper im willing to bet those pills you were makin a killing on is what really got you popped, weed was just a bonus. Never take paper in florida cuz ur going to violate. Take the time and quit sellin pills in the trailer park.

Jbone77 said:

Hate to sound like a dick here but I will, its Florida, and it is the worst state to get popped if your growing. Your girls fucked because she is on state paper, in a grow house, with 2 kids. No point to even think about getting a lawyer because you opened the door and then signed the consent. If they had their ski masks on they already had a warrant and were just waiting to see how you played it to protect their informant. The reason they had you sign the consent to search is because you were told on by one of your 25 trustworthy that you told. If you sign the consent to search the original warrant was never served so the true probable cause they had will never come out. Grammas gonna have custody of those kids for quite a while and if she lets you see them the state will take them. So you have felony cultivation, child endangerment for sure. Knowing florida the way I do plus the fact ur growing in a trailer park plus your girl being on state paper im willing to bet those pills you were makin a killing on is what really got you popped, weed was just a bonus. Never take paper in florida cuz ur going to violate. Take the time and quit sellin pills in the trailer park.

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thats a pretty good post.lol