Results 1 to 7 of 7
  1. #1
    Join Date
    May 2005
    Location
    texas
    Posts
    6

    Default MJ plant bust

    The police have case against my girl friend’s son based on hearsay testimony ( 190 mj plant are in his house) and the false claim that marijuana plants could be smelt from his front door by 3 police officers. I am talking about 38 knee high or smaller plants in the vegetation stage and nobody was smoking in the house .I didn’t smell a thing last time I was over there. The police didn’t have a search warrant. They waited 2 hours for the search warrant in the front yard since permission to search was denied. He is out on bond right now.

    One month later the police again came by his house for a walk and talk. These were different cops. They said that an informant told them he was growing again. They also said a strong mj odor was present at the door just like last time. Like last time he and the cops waited 2 hours for a search warrant in the front yard since permission to search was denied. This time the warrant was only based on the smell and it didn't mention an informant. They searched his house again and this time found nothing. Not even a roach or one single seed.

    Does the fact that they came without a search warrant indicate that they still needed to gather more evidence before getting one?

    Does anybody out there have an opinion on the possibility that this recent screw up by the police might help his original case?

    It’s been 5 months since the arrest and he still hasn’t been indicted. I check the county files daily and there is not even an arrest record on this case. Does this delay mean anything?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: MJ plant bust

    Quote Quoting jetman22
    The police have case against my girl friend’s son based on hearsay testimony ( 190 mj plant are in his house) and the false claim that marijuana plants could be smelt from his front door by 3 police officers.
    You say it is false; they will assert that it is true. Courts tend to side with the police in that type of "swearing contest".

    Quote Quoting jetman22
    Does the fact that they came without a search warrant indicate that they still needed to gather more evidence before getting one?
    No. Presumably they were hoping to conduct a search by consent, to avoid the issues associated with obtaining, and possibly defending in court, a search warrant.

    Quote Quoting jetman22
    Does anybody out there have an opinion on the possibility that this recent screw up by the police might help his original case?
    If the same officers were involved, it may cast some doubt on the quality of their sniff test. However, they may argue that it was a lingering odor, based upon the quantity of marijuana previously in the house.

    Quote Quoting jetman22
    It’s been 5 months since the arrest and he still hasn’t been indicted. I check the county files daily and there is not even an arrest record on this case. Does this delay mean anything?
    It probably means that the prosecutor's office is continuing to review the file, in advance of formalizing charges. That could be for any number of reasons, from the desire for more information from the police, to a perceived problem with the case or warrant, to being overworked.

  3. #3
    Join Date
    May 2005
    Location
    texas
    Posts
    6

    Default Re: MJ plant bust

    Quote Quoting aaron
    Quote Quoting jetman22
    The police have case against my girl friend’s son based on hearsay testimony ( 190 mj plant are in his house) and the false claim that marijuana plants could be smelt from his front door by 3 police officers.
    You say it is false; they will assert that it is true. Courts tend to side with the police in that type of "swearing contest".

    Quote Quoting jetman22
    Does the fact that they came without a search warrant indicate that they still needed to gather more evidence before getting one?
    No. Presumably they were hoping to conduct a search by consent, to avoid the issues associated with obtaining, and possibly defending in court, a search warrant.

    Quote Quoting jetman22
    Does anybody out there have an opinion on the possibility that this recent screw up by the police might help his original case?
    If the same officers were involved, it may cast some doubt on the quality of their sniff test. However, they may argue that it was a lingering odor, based upon the quantity of marijuana previously in the house.

    Quote Quoting jetman22
    It’s been 5 months since the arrest and he still hasn’t been indicted. I check the county files daily and there is not even an arrest record on this case. Does this delay mean anything?
    It probably means that the prosecutor's office is continuing to review the file, in advance of formalizing charges. That could be for any number of reasons, from the desire for more information from the police, to a perceived problem with the case or warrant, to being overworked.

    thank you for the information
    I guess this may require an expert witness ($$$$$) since his word against theirs won't mean anything.

    Do you think that's a possibility?

  4. #4
    Join Date
    May 2005
    Location
    texas
    Posts
    6

    Default Grand Jury rejected the case

    I knew it was a weak case but I didn't think it was that flemsey.

    The grand jury rejected the case against my girl friend's son but we don't have any idea why.

    Does anybody have any idea why?

    Since he wasn't indicted does that mean he wasn't charged or does being charged come before being indicted?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Grand Jury rejected the case

    Quote Quoting jetman22
    Since he wasn't indicted does that mean he wasn't charged or does being charged come before being indicted?
    It is possible for a prosecutor to seek another indictment at a later date. A local criminal defense lawyer should be able to advise your son as to his present situation, and the likelihood of such an attempt by the prosecutor.

  6. #6
    Join Date
    May 2005
    Location
    texas
    Posts
    6

    Default Re: Grand Jury rejected the case

    Quote Quoting aaron
    Quote Quoting jetman22
    Since he wasn't indicted does that mean he wasn't charged or does being charged come before being indicted?
    It is possible for a prosecutor to seek another indictment at a later date. A local criminal defense lawyer should be able to advise your son as to his present situation, and the likelihood of such an attempt by the prosecutor.
    You mean to tell me if the jury says no the prosecutor can keep bringing in more juries until they get to a yes?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Grand Jury

    Unless your state has a law or constitutional provision to the contrary, the same matter can be submitted to multiple grand juries.

    1. Sponsored Links
       

Similar Threads

  1. Drug Possession: Drug Bust, No Court Date
    By avey in forum Criminal Charges
    Replies: 1
    Last Post: 07-09-2011, 10:50 AM
  2. Drug Trafficking / Distribution: Walking in on a Bust with 5 Grand
    By questionsquestions12 in forum Criminal Charges
    Replies: 3
    Last Post: 03-17-2010, 01:47 PM
  3. Drug Manufacture / Cultivation: Caught Growing A Single Pot Plant
    By grace342 in forum Criminal Charges
    Replies: 11
    Last Post: 12-18-2007, 10:01 PM
  4. Overgrown Plant
    By flnks in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 06-14-2007, 05:01 PM
  5. Disabilities and Accommodation: FMLA and Plant Closure In Pennsylvania
    By TB7140 in forum Employment and Labor
    Replies: 4
    Last Post: 11-04-2006, 07:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources