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  1. #1
    Join Date
    Oct 2006

    Thumbs down Search and seizure based on observations by paramedics

    good day peeps. im confused here in M.O. i was charged with manufacturing shrooms also Pot.

    well for pot to be a felony it has to be 5 grams or more here in M.O.
    well both charges were dismissed as CLASS A's..shew....

    the lab results came back NEG for activity in the mushroom growth they sent off along with PIN HEADS they say. now pin heads are actually mushrooms baby's.. if those mushrooms were going to be active they would have had the chemicals in the myc and the pin heads.

    ok so i have convulsions disorder.ouch.. well 12/8/05 is birthday we party next morning i have a siezure. 12/09/05 im in the hospital in the er hooked up blah blah, i call roommate to find out N.E.T. team D.E.A kinda guys are at my house. on a ambulance asisst call? i wasn't even at the house when they arrived.

    well i get a short story from the guy saying he was informed the plants were thought to been seen in my room from the paramedics. well in the police report it states prob cause of intrest was fert ph meter and little stash of pot on counter. so i know im kinda screwed @ that point i give permission to take my plants and made a comment that i was growing pot so i didn't have to buy it.i also told him i was growing shrooms.

    i didn't say what kind. but given they dropped my charges @ 2 class A's now they re arrest me 8 months later with attempt to manufactor shrooms based
    on the equipment i had to grow mushrooms. not the jars, nor the pin heads. or any of the trays of growth i owned @ the time.

    is them leaving out the part of getting permission in the probable cause while in the hospital after having a siezure qaulify for grounds to dismiss any statements i made?

    another thing is if evidence came back neg for narcotic active prop in the shroom growth pin heads then where is my equipment illegal to own? for personal gourmet mushroom growing?

    sorry guys im just nervous going to court the 18th oct 06 just looking for some comfort in this drama.. i was facing 10 to 30 now im only looking @ a 5b which is alot nicer but eqauly bad.

  2. #2
    Join Date
    Oct 2006

    Default Re: Illegal search and seizure?

    well if i coudl have found some other cases involving manufacturing with a illegal search siezure warrant then i wouldn't have posted.

    you guys seem very supportive. given 13 views not even 1 post on any thoughts. even to say do some more research. i will keep on looking. on the web for similar cases.

  3. #3
    Join Date
    Jan 2006

    Default Re: Illegal search and seizure?

    If you can understand this, I would suggest posting in English. I do not believe there is anybody here fluent in gibberish.

  4. #4
    Join Date
    Mar 2005

    Default Re: Illegal search and seizure?

    Do you have a criminal defense lawyer yet?

    The contraband was spotted by paramedics providing you with medical treatment, and they reported it to the police? That's almost certainly sufficient to support a valid search and seizure. There may be relevant facts you left out, so that's a determination which should be made by your lawyer.

    What statements did you make, to whom, and under what circumstances?

  5. #5
    Join Date
    Oct 2006

    Question Re: Illegal search and seizure?

    i gave full admit to the claim i was growing pot - shrooms, to the detective.
    now this is over a cell phone conversation, while im in the ER recieving medical treatment. theres no way anyone seen my crops, they were in a closet in my garden bathroom which attaches to my bedroom.

    what happen is i believe, my roomate lets them in they observe a bag of pot plain view they say. well they ask for permission to search common area of the house. in my dj room i had a container with fertilizer cowshit, store bought
    and a ph tester meter. the cop then suspects me of growing plants i guess. well he calls in N.E.T team. detective tells me ambulance thought? they seen pot plants? these plants were very small 2 of them.

    well on the cell phone conversation im thinking im beat no matter what i tell them, they have enough i would say to get a warrant to search my bedroom.
    now the rest of the house has been cleared at this time. my room mate couldn't give permission to search my living area.

    hopefully im not typing crazy, one person made a comment thanxs i will try to slow down and type more clearly on whats being asked.

    what's helping me i hope in this case is that the lab results came back said theres no illegal substance with in these mushrom samples you sent.
    so now like i said before im being charged with only attempt to grow.
    they are using my statement i made from the ER over the cell phone conversation, to warrant a search siezure of my stuff.

    would medical trauma from having siezures from that morning then going to the ER , then speaking to the detective be grounds for throwing out my confession? for the removal of the crops?

    what throws me off is they don't mention anywhere in the probable cause that they obtain permission while im in the hospital.

  6. #6
    Join Date
    Sep 2006

    Default Re: Illegal search and seizure?

    In simple terms, it sounds as though you are guilty and you know you are guilty so why not suck it up and move on with your life?

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