Busted Grow in Alaska

I was wondering if anyone had any knowledge on state laws in alaska and obviously the rights we all have being United States citizens, heres the story

My friend who lives in an apartment gets a knock on the door at 9pm and he answers to cops looking for someone who previously lived at this residence, they ask about the person and ask if they can come in to have a look around just to make sure, They let the cops in and they smelt pot smoke from him smokin a little before bed time. So as they are lookin around they open the closet where the crawl space is and find a grow as they are lookin for someone else. So now they go down and take 2 plants that were near harvest (cut them at the stalk and bagged them) and take the 2 600s with ballasts and leave everything else. No paper work or anything they just harvested the plant and said they will weight it and see if they want to press charges.... Now please tell me there is something wrong with this search and seizure or are they just screwed? any advice would be appreciated

heheheee.....they bombed hes ass lol fuken cops

didi they show them badges lol

The cops had no right at all to come inside your house, unless a Warrant was being served.

Cynic said:

The cops had no right at all to come inside your house, unless a Warrant was being served.

Click to expand...

wot warrant mate, they stole hes buddys plants and lights for future grows...lol did he wish em luck?? lol

That isn't the point, the point is, he should have denied the entry and given his rights.

If they had disobeyed the order and still went in, his rights would be broken, and that would be enough for a court case.

never let them in. hell look through the peep hole

i know alaska laws allow an ounce of weed on your person as its protected in the alaska state constitution. but i do not know the rights as they pertain to growing.
the tenant should have denied access to the police, and by allowing them in to search they waived their rights to any due process as it pertains to search and seizure.
i guess for next time they know to deny the cops entry. its their right to do so and they may be totally screwed now in a manufacturing charge

dunno man, he should have never allowed them to enter...

he really fucked up when he gave them permission (I'm in law school)...

hope they don't press charges bro

I know what you mean, if entry wasnt allowed they would have had a warrant to search the house because the person they were lookin for lived in the apartment previously and had that residence on the court paperwork. Its all over now so what can you do? Either way the situation is lame

weeds legal to grow in alaska man ... sounds fishy

I doubt it, they wouldn't just take the plants away and leave, why would they wanna come back to arraign charges?

i told ya they stole the plants and the lights ....

guess this is my place to be. Matanuska Valley ftmfw..

Alaska Supreme Court and lower courts have ruled that personal possession of cannabis is protected by state constitution's privacy clause. As recently as Sep 14, 2004, the AK Supreme Court refused to overturn a unanimous Appellate Court decision that police were not allowed to enter a home simply based on smelling cannabis smoke outside. See Alaska Supreme Court chooses privacy over pot, Sep 2004 and Eric Sterling's Response. The Alaska Legislature passed a law banning cannabis, but a judge struck down the law in July 2006: Judge rules against Alaska marijuana ban law, Jul 2006, AP. ACLU Press Release July 11, 2006


Alaska Statutes 11.70.900 - Section 13 - Part A.



my personal favorite...

Ballot Measure 8 -- Approved Nov. 3, 1998 by 58% of voters
Effective: Mar. 4, 1999 Removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana."
Approved Conditions: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea. Other conditions are subject to approval by the Alaska Department of Health and Social Services.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.
Amended: Senate Bill 94
Effective: June 2, 1999
Mandates all patients seeking legal protection under this act to enroll in the state patient registry and possess a valid identification card. Patients not enrolled in the registry will no longer be able to argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.
Update: Alaska Statute Title 17 Chapter 37

(PDF 36KB)
Creates a confidential statewide registry of medical marijuana patients and caregivers and establishes identification card.




also, this may sound dick, but if your buddy ever has the police knock on his door again in the valley, tell him they need a warrent to come in. AND if they smell marijuana smoke from outside the door, refer to above referenced paragraph in bright green.


Also, learn your laws its the laws, Courts arent meant to protect you from the cops. Theyre meant to protect the minority from the beliefs of the majority.


EDIT: Thought it is highlighted in red that you CAN possess up to 6 plants 3 mature/3 immature, its best to have a card but its also up to the judge. And when he goes to trial, tell him if he doesnt like his judge, he HAS THE RIGHT to request a new one, no matter the reason. And if he does by chance, get Judge Estelle or Judge Heath. Their fair men, still abiding by laws but they're extremely fair...cant put it any other way than that.


If he gets judge cutler...his ass is grass so tell him to get a new one fer sure. Thats if your in the 3rd judicial though. Palmer/wasilla/houston/big lake/willow/etc etc.

never let the coppers in if they hadnt a warrant to search your house.but if they woluld tell you that they can smell cannabis then its curtains

grow space said:

if they tell you that they can smell cannabis then its curtains

Click to expand...

Read the bright green paragraph at the top of my last post...

ftw.

Thats a good question. First off, the dude fucked up by letting them in in the first place. That one act makes everything that happened afterward immaterial. Even if he told the cops that the person the warrant was for wasn't there, generally they will enter anyway to see for themselves. It's generally accepted practice for them to do so, but NEVER give them permission.
Now the question is..........OK, you've let them in, how far can they "nose around?" Letting them enter the doorway for a "quick look around for a person" does not always translate into "OK, toss the place top to bottom." If there is nothing suspicious in plain view from the doorway, and you have established your identity and that you are the home owner/lessor, can they intrude further than the doorway without additional permission? They will assume so, and toss the place. It's kind of funny to watch them search for a person/felon while searching your dresser drawers, looking in kitchen cabinets, shoe boxes etc. If they have a warrant for a felons arrest, and find your stash in a closed box on the endtable, they are going to have to explain why they were looking in that box for a person. You can beat the charge, but you're going to need a lawyer for that.
Another scenario is that they come to your door with a warrant for someone, and ask if they can come in to see for themselves whether or not that someone is there. If you deny them entry, they can (and usually will) say that they "heard something" or didn't believe you (every cop knows that people always lie to cops) and enter anyway. If they find anything at that point you'll get arrested, After the dust settles, and it comes out that the "felon" they were looking for wasn't there, it's going to take an attorney to get any evidence tossed out. Without an attorney, they will start the scare and intimidation tactics to get you to bury yourself.
If they have a warrant to enter a premises, it will spell out exactly what they are looking for, in this case a person. Unless your pot and paraphernalia are in plain sight on the table, if they find it while searching your dresser drawer for a person, they cannot use it.(They CAN sieze it) However they ARE going to try and use it, and without an attorney, even though it was a bad bust, you'll probably go down. They WILL convince 99% of the population that they will get 5 jillion years if they get convicted at trial. Almost everyone caves at that point. Hey, they found it in your home, right? Can't argue that. Whats arguable are the circumstances surrounding that discovery. I have seen more people get convicted for things that would never have gone to court if they had called the prosecutors bluff with an attorney at thier side!!

The upshot is that if the cops are at your door and there is dope in the air or laying around in plain sight, either do not answer the door, or go out the back door and meet them at your front door and have your ID ready. (Say you were in the backyard and heard them) NEVER EVER let a cop in your home without a warrant. Period!!