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BUSTED IN MO
Antiprohibitionist
Joined: 09 Aug 2008
Posts: 51
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 Posted: Sat Aug 09, 2008 8:10 pm Post subject: FLIR SEARCH W/ WARRANT |
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My wife & I were raided @ home 2 weeks ago. I just got your new dvd & watched it. Wish I had it a month ago! My ? is can F.L.I.R pick up T-5's in a basement with ac on (same temp in complete house) up & down stairs, in July with outside temps 90-100 degrees, no outside vents? Do police make a video of the IR search? Do they need more than that for a search? We are going to need to contact an Expert Witness on F.L.I.R. if you have any leads? We are just average American grandparents that work very hard on our jobs, live paycheck to paycheck, don't support the Mexican Cartels. We Vote, Pay Taxes, and do not deserve losing our jobs, health ins., home, cars, hunting guns, or spending 20 years in jail for homegrown medicine. Ending up on walfare, because Felons can't get the jobs we have. Scared to Death in MO.  |
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socrateez
Stoned Philosopher
Joined: 01 Feb 2008
Posts: 1225
Location: I'm the person to your right.
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| Posted: Sat Aug 09, 2008 8:28 pm Post subject: |
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Welcome to the forum and sorry to hear you got raided. 
I'm no expert but we are slowly accumulating examples of footage to study. Here is a recent submission for starters.
http://www.nevergetbusted.com/ngbbb/viewtopic.php?t=1589
Last edited by socrateez on Sat Aug 09, 2008 8:46 pm; edited 1 time in total |
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BUSTED IN MO
Antiprohibitionist
Joined: 09 Aug 2008
Posts: 51
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| Posted: Sat Aug 09, 2008 8:42 pm Post subject: BOGUS SEARCH WARRANT |
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| socrateez wrote: | Welcome to the forum and sorry to hear you got raided.
I'm no expert but we are slowly accumulating examples of footage to study. Here is a recent submission for starters. |
We think it's a BOGUS SEARCH WARRANT, but won't know until our NORMAL LAWYER gets the discovery. Mean time trying to raise the bond & lawyer money from our meager wages. |
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socrateez
Stoned Philosopher
Joined: 01 Feb 2008
Posts: 1225
Location: I'm the person to your right.
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| Posted: Sat Aug 09, 2008 8:48 pm Post subject: |
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Sorry, I edited my post to include the link.  |
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High Man
Activist
Joined: 04 Mar 2008
Posts: 235
Location: Space
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| Posted: Mon Aug 11, 2008 6:23 am Post subject: |
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Theres a lot of factors in my mind that could have led up to a bust.
It is my opinion that it is highly unlikely that T-5 lights would be seen using a FLIR camera (so get an expert if that's the only condition that a warrant is using as PC).
It is more likely that they already had evidence in some form that you were involved in illegal activity.
Most likely I'd imagine stuff like electricity usage, CI's, trash from your home, followed by LEO from growing store, etc., are more likely the reasons you got busted in this instance.
You might be fucked IMO. Prepare to bend over. I am only assuming this from your post, but you do not want guns and drugs together in the same place, even if you have permits for the guns and you are a hunter and use them for hunting and everyone knows this in your neighborhood and town and and and no. No guns.
I would make sure you get an AMAZING lawyer, not just one because he's with norml, though they may be all be amazing. |
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socrateez
Stoned Philosopher
Joined: 01 Feb 2008
Posts: 1225
Location: I'm the person to your right.
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| Posted: Mon Aug 11, 2008 7:25 am Post subject: |
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I am somewhat familiar with MO. Law. I did a little time there. 
Highmans right, guns and dope are a bad mix. Mo definately enhances sentences for guns. Heres a link listing the criteria for "Armed Criminal Action". This is the weapon "catchall" that MO uses.
http://www.moga.mo.gov/statutes/C500-599/5710000015.HTM
From what I have learned, CI's are usually the first step in Law Enforcement learning what you do. Depending on state laws, trash pulls, buys, and then warrants are served.
Someone you know recently pulled over?
Where in MO? Big town or small?
My cellmate got 10 years for ten pounds. In the 90's 5 years was pretty standard for sales of small amounts of hard drugs. |
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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 595
Location: Texas
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| Posted: Mon Aug 11, 2008 9:49 am Post subject: |
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Police must have a warrant to FLIR your house. Are you sure FLIR was used or is that speculation?
The search warrant affidavit will contain all the evidence the police used to obtain the search warrant. The cops must leave you a copy of the search warrant but not the affidavit...you get that during discovery.
It sounds like the heat from the lights was distributed throughout your house well enough. I don't think FLIR could see the heat.
I'm going to dig out a few search warrant affidavits and post them on the board for all to read.
I emailed you with my phone number so if you need to discuss the strategy of your case in depth, call me. Sorry this happened to you guys!
Barry |
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von
Jerry Garcia
Joined: 25 Jan 2008
Posts: 351
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| Posted: Mon Aug 11, 2008 11:19 am Post subject: |
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that is a creepy feeling getting raided for cannabis. something that i think should be legal. it don't hurt anyone, it hasn't killed anyone, it is not manufactured like coke, or meth. its a natural plant with flowers. people who utilize it generally like it. so why is it so BAD, to lock up people for years and ruin there lives over a plant.
peace & pot |
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Vern
Jerry Garcia
Joined: 04 Mar 2008
Posts: 370
Location: Oklahoma
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| Posted: Mon Aug 11, 2008 11:52 am Post subject: |
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That sucks  |
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Vern
Jerry Garcia
Joined: 04 Mar 2008
Posts: 370
Location: Oklahoma
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| Posted: Mon Aug 11, 2008 12:29 pm Post subject: |
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| This is about the guns and drugs. If there is a small amount of smoke in the house does this mean that there can't be a gun anywhere in the house? |
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socrateez
Stoned Philosopher
Joined: 01 Feb 2008
Posts: 1225
Location: I'm the person to your right.
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| Posted: Mon Aug 11, 2008 2:44 pm Post subject: |
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| Vern wrote: | | This is about the guns and drugs. If there is a small amount of smoke in the house does this mean that there can't be a gun anywhere in the house? |
When I was in (90's) it didnt matter. as long as gun was found, it was technically in possession and in connection with illegal activity. It got tossed around the sourcreme court a few times and as far as I know...
As long as the weapon is say in your glovebox; sittin in a box on a pile of drugs, or otherwise obviously intended for use in connection with criminal activity; your hit. THERE IS A LOT OF GRAY AREA in determining what constitutes possession in connection with criminal activity.
I met lots of guys who were convicted under old laws. Some had weapons at their residence with no criminal activity there. They possessed weapons so got slammed with additional 5 years. Thats Fed though.
Last edited by socrateez on Tue Aug 12, 2008 11:52 am; edited 1 time in total |
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Vern
Jerry Garcia
Joined: 04 Mar 2008
Posts: 370
Location: Oklahoma
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| Posted: Mon Aug 11, 2008 3:02 pm Post subject: |
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| Here a gun, police scanner, or a video monitor combined with criminal activity is another charge. |
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BUSTED IN MO
Antiprohibitionist
Joined: 09 Aug 2008
Posts: 51
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| Posted: Mon Aug 11, 2008 9:07 pm Post subject: |
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| Barry wrote: | Police must have a warrant to FLIR your house. Are you sure FLIR was used or is that speculation?
The search warrant affidavit will contain all the evidence the police used to obtain the search warrant. The cops must leave you a copy of the search warrant but not the affidavit...you get that during discovery.
It sounds like the heat from the lights was distributed throughout your house well enough. I don't think FLIR could see the heat.
I'm going to dig out a few search warrant affidavits and post them on the board for all to read.
I emailed you with my phone number so if you need to discuss the strategy of your case in depth, call me. Sorry this happened to you guys!
Barry |
Won't get the discovery for a couple weeks. 1st search warrant only stated the FLIR (used the next day)stated: Dissipating heat, surface temperature variables & thermal image info., when considered w/ other info. developed in this case, may constitute evidence of a crime. 2nd search warrant, on 3rd day (day of the raid) stated: MJ, Paraphernalia, substances & equp. used in production of illegal drugs, papers assoc. w/possession, manf., distribution, sales, delivery or proceeeds of controlled substance, papers/documents to determine ownership of drug related items & the residence, any weapons & ammo in volation of us code, title 18, section 922. One Lawyer I talked to said this was a NEW JUDGE that signed the warrants in this county. They searched my truck (not listed on the warrant) but Lawyer says because they didn't find anything in it, it's of no value? They didn't read my wife her rights, lawyer says because she wouldn't tell them anything, it's of no value to case??? They left our 2 dogs caged without food & water for 26 hours until we bailed out. They left every light in the house on (shades open), ac on 67 degrees with attic fan on high, busted the door off my small safe (only insurance papers inside) because I couldn't remember the combination (under stress & cuffed), trashed every room in the house, searched my shed, emptied my fire ext., They stole 2 "420 clocks w/smiley faces" (not paraphernalia-cops should be charged w/ "ARMED ROBBERY". Lawyer says they will have to give them back, not good enough! One cop called me a MF in my own house because I wouldn't "Cooperate, and tell them everything & we wouldn't go to jail". I told him that wasn't right & COPS LIE he said I insulted his integrity...told him I had nothing else to say, you are already here. Have heard they are staking out worms way in St. Louis? Our nightmare has just begun, we can't sleep, if our jobs find out we will be fired. As for the guns, all rifles & shotguns, unloaded-locked living room cabinet, not shot since last deer season. No handguns. Can't afford Big $$$ Lawyers, making payments for bail & defense. If you are growing and have made any mistakes on Barry's DVD, tear it down NOW & move to another location! Alot cheaper & safer if you ever want a life again. Vented enough for now, PEACE, A POT-POW |
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Vern
Jerry Garcia
Joined: 04 Mar 2008
Posts: 370
Location: Oklahoma
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| Posted: Mon Aug 11, 2008 9:21 pm Post subject: |
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Welcome to Amerika.  |
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socrateez
Stoned Philosopher
Joined: 01 Feb 2008
Posts: 1225
Location: I'm the person to your right.
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| Posted: Tue Aug 12, 2008 12:00 pm Post subject: |
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| Vern wrote: | | Welcome to Amerika. |
Sadly more are finding this out the hard way.
Sounds like the weapons are obvious hunting items. It would be smart to provide evidence of such such as licences and tags. Photos of hunting trips, clothing, and related gear will all help substantiate their purpose. Sorry you have to prove your innocence, but like the man said: Welcome to Amerika.
Any way, if you don't provide such evidence, the prosecution could speculate wildly. Glad to see you didnt "cooperate". Too many lives hurt already. |
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