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Pakrat
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Post subject: Probable Cause? Posted: Thu Mar 02, 2006 7:51 pm |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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This is completely hypothetical. I was thinking about a recently found puppy mill.
Say a police helicopter is flying over your land. You had something possibly illegal going on. Maybe it's just a puppy mill, or maybe it's a butt-load of blood visible from the air.
Is that probable cause for an officer to take a walk on your land?
A court ruling that I have in mind is a city v some naked sunbathers. I think it was some police officers sitting in a higher up apartment that spotted these sunbathers. They ruled that because the sunbathers had a fence and these officers were in an abnormal location, the sunbathers had a reasonable expectation of privacy, and the charges were dismissed.
Did I make any sense?
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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ttousi
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Post subject: Posted: Thu Mar 02, 2006 8:05 pm |
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Joined: Sun Aug 07, 2005 11:20 am Posts: 3311 Location: St. Paul, MN.
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What are you planning?
Should we be starting up a defense fund ?
_________________ http://is.gd/37LKr
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dustoff
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Post subject: Posted: Thu Mar 02, 2006 8:27 pm |
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Joined: Tue Aug 09, 2005 8:14 am Posts: 68 Location: Plymouth, MN
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While I was flying a nat'l guard helicopter in support of the DEA and the local gendarmes, we'd spot cultivated marijuana (typically in a corn field). The fact that it was cultivated (water hoses and/or buckets) was enough probable cause to search the premises. I’ve also heard of a utility bill being used as part of the probable cause for a search. A vast increase in elect. usage indicated grow lights… plus sale to a CI.
A vast amount of blood could indicate a medical emergency, might be no need for a search warrant.
Not exactly apples to apples… but close.
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mo_the_mouse
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Post subject: Posted: Fri Mar 03, 2006 9:57 am |
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Longtime Regular |
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Joined: Mon Oct 31, 2005 9:48 am Posts: 517 Location: Coon Rapids
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Is this really hypothetical, or are you planning on growing weed in the nude? And if you are, what are you going to do for a holster?
Range_gurl in on this?
_________________ MADFI Certified Instructor
NRA Certified Instructor
That is all....
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Pakrat
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Post subject: Posted: Fri Mar 03, 2006 12:05 pm |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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haha.
It was just a question that popped into my head. Is there any protection from the air? Other than a roof.
I suppose that DEA flying drug searching operations might have authorization.
My girlfriend's uncle had a lot of 'people' coming by his house when he ran a aquarium business. He had lots of tanks setup in his house, and a very high electricity bill.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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mobocracy
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Post subject: Posted: Fri Mar 03, 2006 12:25 pm |
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Forum Moderator |
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Joined: Thu Aug 11, 2005 6:55 pm Posts: 986
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It's an interesting question. I'm guessing that anything visible from the air is considered fair game, but it could depend on the nature of the overflight and what they can conclusively see from the air.
If you live in a developed area and "your land" constitutes a 1/3 of an acre lot and the overflight was part of a normal flight operation (ie, to get from A to B, they fly over your property), I'm guessing that you have less of a reason to complain.
But what if you live in a very rural area on 5000 fenced and "NO TRESPASSING"-marked acres and the activity in question was taking place on the part of your land in the center of your property and the agency flying the helicopter had no reasonable basis for flying over your property? I'm guessing in this instance you could argue that the overflight was a deliberate attempt to search the property without a warrant, since there's no reason for their helicopter to be over your property unless they are trying to search your property.
All this of course is moot if we're talking about drugs, since as we all know the constitution doesn't apply in those cases and anything and everything that can even remotely be construed as evidence of something drug related is carte blanche to search and seize your property.
I particularly dislike the notion that an increase in electricity consumption is considered a justification. Just this last fall I insulated my garage where my reloading bench is and I installed a 4500 watt electric heater. I run it on the lowest thermostat setting 24/7 and crank it up when I'm reloading or doing other stuff in my shop area. My electric bill has gone up noticably -- I think around maybe $50. I sure hope I don't earn a pre-dawn raid based on the clear and convincing evidence that I use more electricity.
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Selurcspi
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Post subject: Posted: Fri Mar 03, 2006 1:47 pm |
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Longtime Regular |
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Joined: Fri Feb 24, 2006 1:02 pm Posts: 1569 Location: The Mild, Mild, West, Burbs
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mobocracy wrote: All this of course is moot if we're talking about drugs, since as we all know the constitution doesn't apply in those cases and anything and everything that can even remotely be construed as evidence of something drug related is carte blanche to search and seize your property.
MOBO, don’t forget the other agency that doesn't pay any attention to the constitution. The BATF have been quiet recently, they may be checking your electrical consumption, just in case you're running an illegal machine shop alongside you're reloading bench.....LOL....(then again it's not a laughing matter)
_________________ NRA Certified Instructor MADFI Certified Instructor MN DNR Certified Instructor UT BCI Certified Conceal/Carry Instructor
"If you expect the police to always be able to protect you, why are the ones who show up at crimes called 'detectives' instead of 'defenders'? Detectives try to find a criminal after they've committed a crime."
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matt160
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Post subject: Posted: Fri Mar 03, 2006 2:19 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 8:18 am Posts: 1086 Location: Anoka, MN
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Met an ATF agent recently at a get together, the guy was a total a55. I suppose he could have had tooth pulled earlier.
_________________ "Criminals thrive on the indulgence of society's understanding."
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud
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mobocracy
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Post subject: Posted: Fri Mar 03, 2006 2:36 pm |
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Forum Moderator |
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Joined: Thu Aug 11, 2005 6:55 pm Posts: 986
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Selurcspi wrote: MOBO, don’t forget the other agency that doesn't pay any attention to the constitution. The BATF have been quiet recently, they may be checking your electrical consumption, just in case you're running an illegal machine shop alongside you're reloading bench.....LOL....(then again it's not a laughing matter)
Yes, I've been running my dremel overtime. Wait. It's rechargable, I guess that wouldn't affect my electric bill.
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Brewman
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Post subject: Posted: Fri Mar 03, 2006 2:57 pm |
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Longtime Regular |
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Joined: Mon Aug 08, 2005 2:39 pm Posts: 1132 Location: Prior Lake, MN
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[/quote]
Yes, I've been running my dremel overtime. Wait. It's rechargable, I guess that wouldn't affect my electric bill.[/quote]
Sure it would. The recharger needs to be plugged in!
_________________ Brewman
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chunkstyle
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Post subject: Posted: Fri Mar 03, 2006 5:40 pm |
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Longtime Regular |
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Joined: Wed Sep 21, 2005 8:28 pm Posts: 2362 Location: Uptown Minneapolis
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mo_the_mouse wrote: Is this really hypothetical, or are you planning on growing weed in the nude? And if you are, what are you going to do for a holster?
I can see it now... "Officer, I'm not naked, I'm wearing a holster!"
Moral of the story: If you're gonna grow weed, do it inside, and get a generator!
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BigRobT
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Post subject: Posted: Fri Mar 03, 2006 8:15 pm |
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Longtime Regular |
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Joined: Tue Nov 15, 2005 10:25 am Posts: 1772 Location: North Central Texas (now)
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chunkstyle wrote: Moral of the story: If you're gonna grow weed, do it inside, and get a generator!
Then the BATFE would wonder why you're consuming so much fuel!!
_________________ A government big enough to give you everything you want is big enough to take everything you have. - Barry Goldwater
"...quemadmodum gladius neminem occidit, occidentis telum est." [...a sword never kills anybody; it's a tool in the killer's hand.] -- (Lucius Annaeus) Seneca "the Younger" (ca. 4 BC-65 AD),
The Nanny State MUST DIE!!!
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JDR
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Post subject: Posted: Sat Mar 04, 2006 5:56 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 8:37 am Posts: 935 Location: Victoria
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Pakrat........"butt-load of blood"?
Very descriptive. I've never heard a term like that before. Something you experienced before?
_________________ "To disarm the people is the best and most effectual way to enslave them." George Mason
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Selurcspi
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Post subject: Posted: Mon Mar 06, 2006 9:35 am |
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Longtime Regular |
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Joined: Fri Feb 24, 2006 1:02 pm Posts: 1569 Location: The Mild, Mild, West, Burbs
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JDR wrote: Pakrat........"butt-load of blood"? Very descriptive. I've never heard a term like that before. Something you experienced before?
Pakrat,
I just wanted to help you with the term, which is not inaccurate, just not a common use!
Butt \Butt\, n. [F. botte, boute, LL. butta. Cf. Bottle a hollow vessel.]
A large cask or vessel for wine or beer. It contains two hogsheads.
Note: A wine butt contains 126 wine gallons (= 105 imperial gallons, nearly); a beer butt 108 ale gallons (= about 110 imperial gallons).
Source: Webster's Revised Unabridged Dictionary (1913)
_________________ NRA Certified Instructor MADFI Certified Instructor MN DNR Certified Instructor UT BCI Certified Conceal/Carry Instructor
"If you expect the police to always be able to protect you, why are the ones who show up at crimes called 'detectives' instead of 'defenders'? Detectives try to find a criminal after they've committed a crime."
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Pakrat
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Post subject: Posted: Mon Mar 06, 2006 10:20 am |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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JDR wrote: Pakrat........"butt-load of blood"? Very descriptive. I've never heard a term like that before. Something you experienced before? Well, no one wants me to go into detail... It's just something people in my circle of friends used to use to describe "A Lot". Probably moreso in high school. Selurcspi wrote: Pakrat, I just wanted to help you with the term, which is not inaccurate, just not a common use!
Thanks for the definition. Interesting.
I seem to use words that people stop using. BUT, I don't use them religiously (as in, I'm not stuck in high school or anything). I use them at different times, and usually get different reactions. I've always used "dude", but not in a surfer way. I've always used "word" (like "right on"), mainly mocking hommies. My girlfriend kind of does the same, makes older words new again.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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