Look what the wind blew in...

Started by Patriot, July 28, 2011, 08:21:04 AM

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srkruzich

Quote from: Wilma on September 03, 2011, 10:36:09 AM
This raises another question?  Isn't it illegal to set up a surveillance camera on someone else's property?  Of course, it wouldn't be hard to get a warrant to do this and how do we know that it hasn't been done?  Just because no one has been caught doesn't mean that the case has just been let go.  After all, as Janet used to tell me,  "That is sheriff business, Momma," and it is a current investigation which means that it isn't talked about.

If it were my operation I wouldn't be going back to see what I could salvage.  I wouldn't leave anything of value there anyway.
IT would require a warrant. 
Curb your politician.  We have leash laws you know.

jerry wagner

Quote from: srkruzich on September 03, 2011, 12:10:10 PM
IT would require a warrant. 

Depends, plain view doctrine would clearly apply in this case if the camera were positioned on county property, such as roadway/ditch area.  In fact, the search could take place as well without warrant if the 'crop' were in plain view.

Wilma

The camera could be in plain view, but would warn the perps that something is going on.  If the camera were positioned on county property at this site it would be in plain view.  The crop was not in plain view or the neighbors out there would have had it taken care of a long time ago.

Janet Harrington

Aha. Finally, something I can talk about. In regards to the recent marijuana field, no warrant would be needed to set up cameras such as the trail cams. Why, you ask? A simple thing called curtilage. Curtilage is the area, usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life.

A garage, barn, smokehouse, chicken house, and garden are curtilage if their locations are reasonably near to the home. The determination of what constitutes curtilage is important for purposes of the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures of a person and of his or her home or property. Courts have construed the word home to include curtilage so that a person is protected against unlawful searches and seizures of his or her curtilage.

So, since there wasn't any residence out there, there was no curtilage. The sheriff could have set up cameras to see what he could have captured. However; he and the outside agencies chose not to. That was his decision to make and that is what he did. The sheriff may have decided that he didn't have the money in his budget to do any kind of surveillance. One has to respect whatever decision he made and I can reassure you that it wasn't an easy one to make.

Law enforcement officers get frustrated, too, when they either don't have the means to do a proper investigation or decisions are made by the outside agencies that the locals ask to help. These officers want to make an arrest as much as we want them to make an arrest. I am not saying that KBI came in and took over. I am sure that it was a mutual decision between all the agencies involved.


srkruzich

Still say moneys better spent on the meth lab busts than someone growing a pot stash
Curb your politician.  We have leash laws you know.

Janet Harrington

Even though I don't agree with legalizing marijuana or anything like that, I will say that meth labs are more dangerous, etc., and should be the focus of law enforcement. It would be nice if law enforcement had enough officers, enough time, and enough money to do it all.

srkruzich

Quote from: Janet Harrington on September 06, 2011, 03:31:48 PM
Even though I don't agree with legalizing marijuana or anything like that, I will say that meth labs are more dangerous, etc., and should be the focus of law enforcement. It would be nice if law enforcement had enough officers, enough time, and enough money to do it all.

Well theres a conflict in the law violating Gods law which takes precedence over mans law. Anything in its natural state should be legal.  marijuana, poppy, coca leaves ect.  There is a valid and useful reason for each and every plant and God gave it to us to use.  Secondly, PRIORITIES is the problem not finances.  You cannot possibly get it all.  This war on drugs is a absolute joke. It was never intended for us to win. It was only a means to sieze property to continue the fight so to speak.   IF they truely wanted to end drugs, they would do one of two things.  1st choice execute all drug addicts and dealers OR make it legal.  There is no other way to stop it.  IF You execute the users and the dealers problem solved.  IF you make it legal problem solves itself by collapsing the profit margin.  RIGHT now drugs boast a 1700% markup.  It makes it worth taking a chance of getting caught.  Make it legal and your profit margin goes to zip.  It wouldn't even pay for them to move it across the borders.   

Once you remove the profit, take the money that is spent every year, (240,000,000) a year and return 2/3 to the general budget and use 1/3 of it to fund the treatment of those addicts.  Some will succeed some will fail. But all will have had a chance.

Legalizing it will also stop this racket of having to spend 100 bucks or more to get a prescription to get the "pharmaceuticals" you need. Mexico doesn't require a prescription for most of its drugs and yet they aren't a nation of zombied out drug users.  The schedule 2 drugs i think they pay like 15 -20 bucks for the prescription to take the pharmacy.  I could live with that. 

At any rate the priority in enforcement should be to search and destroy the most lethal drug which is Meth.  Personally blow the damn things up like the revenuers did in prohibition.   Might also leave the meth manufactuerers inside while ya do it too!
Curb your politician.  We have leash laws you know.

Janet Harrington

You make an excellent argument, Steve.

readyaimduck

Please don't feint, steve...I agree with your statement...
all but one, but that is immaterial.

Now, let's say we do as you planned....most of the homeopathy operation that are liscenced (sp) are so by the FDA (hence the issue) so why would the Pharmaceutical companiess buy into that plan, if they can't find a cure, when it is already there?
That would mean not so much profit for them to fix you, cause side effects then fix those!    :o

The FDA and the Pharmas sleep like spooning friends.

Although I would love to see your plan....now what?

ready

readyaimduck

QuotePersonally blow the damn things up like the revenuers did in prohibition.   Might also leave the meth manufactuerers inside while ya do it too!

That one is my personal favorite of to do list.

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