Cdwjava Pot in California

[bucs1055]

What is the name of your state? Sacramento, Ca

Last night my boyfriend's sister called who lives in Sac. Her boyfriend has been growing a pot plant on their patio which has never produced.

The police came to her apartment last night, as someone reported their had seen the plant. They took the plant and a small amount of marijuana that was on the table.

The officer did not give her a ticket or anything. He said that there was a 75% chance that a narcotics officer would come to search her apartment.

She is absolutly freaking out and worried that she will lose her job etc.

1. Is it usual procedure for the police NOT give a ticket when they are there?

2. How worried should she be that someone is going to come search her apartment?

3. The plant was her boyfriend's(Complete Loser) and he is on probation, should't they charge him if anyone?

4. The apartment is in her name only does that make a difference?

Thanks for any info

 

[CdwJava]

Last night my boyfriend's sister called who lives in Sac. Her boyfriend has been growing a pot plant on their patio which has never produced.

It has never grown leaves?

The police came to her apartment last night, as someone reported their had seen the plant. They took the plant and a small amount of marijuana that was on the table.

Sounds like cultivation to me.

The officer did not give her a ticket or anything. He said that there was a 75% chance that a narcotics officer would come to search her apartment.

I don't know why someone would come back later.

She is absolutly freaking out and worried that she will lose her job etc.

She might. How will her boss find out unless she goes to jail?

1. Is it usual procedure for the police NOT give a ticket when they are there?

Cultivation is a felony - we can't issue a citation for a felony. he COULD have probably arrested her. He may have decided to run it past the DA to see if he is going to file cultivation for a single plant or not.

2. How worried should she be that someone is going to come search her apartment?

I don't know. I suppose it depends on how much she has there that she doesn't want the police to find.

3. The plant was her boyfriend's(Complete Loser) and he is on probation, should't they charge him if anyone?

If he doesn't live there, then she gets the charge. The crime is not ownership, it's possession.

4. The apartment is in her name only does that make a difference?

Yes. Again, does the boyfriend live there? If so, they can both take the hit.

- Carl

 

[tranquility]

1. The police can cite and release (give a ticket) for misdemeanor crimes. They cannot for felonies. Manufacturing a drug is a felony. (Although one plant can be a "wobbler" if the DA is so kind.) They can still arrest you. Just because they didn't take you in that night doesn't mean it's over.

2. I think they do have probable cause to get a warrant to search. But, I don't see why they wouldn't have done it then. It is unusual, to say the least, for the police to give a two-minute warning. ("I'm going to search you in a little bit. But first, why don't you go to the bathroom and close the door for a while.") Come back later to search seems like more of a threat for you to clean up your act than a promise. If they come back later, they should have a warrant to search or to arrest you as the exigent circumstances have ended.

3. She had possession of the plant in that she knew it was there and what it was. "Ownership" is not the key.

4. Here I have to disagree with CdwJava just a little. Knowledge is the key and not title or possession of the premises. The true owner of the apartment building probably is not going to go down for this one. (aka Landlord) The legal tenant is not responsible if he didn't know or have reason to know (willfull indifference) to the fact there were drugs there. Her being on title is not determative. Her living in the apartment and having access to all of it so knew or should have known about the plant is. In other words, her being on the lease does not make it her crime, it only makes it more likely the element of intent is satisfied.

Then again, that may be a distinction without a difference.

 

[gawm]

Did she admit to knowing it was a marijuana plant?

 

[CdwJava]

The legal tenant is not responsible if he didn't know or have reason to know (willfull indifference) to the fact there were drugs there.

That would be a trick as the pot plant was found on the patio and there was more marijuana on "the table".

I agree that ownership or tenancy alone is not sufficient, but if the tenant o rowner is also living under the same roof, adn the dope is in a place that they both can and DO access, then they are both facing the possibility of charges.

- Carl

 

[bucs1055]

Reply

We talked to her again last night and she hasn't heard anything.

The boyfriend does live there, just is not on the lease.

She was the only one there when the police came. They said that they had seen it from the street and needed to confinscate(spelling) it and she said okay.

She had around 1/8 of pot on the table, it was not from the plant. They do not sell weed, just like to smoke

The boyfriend started growing the plant about a year ago, and they said it has never budded(correct term?) So, they have never tried to cultivate it. He thought it would be fun to grow a plant(stupid) and she allowed it(stupid). We tried to tell them how much trouble they would get in if the cops ever came knocking but obviously they didn't listen to us.

How long until they would send someone out?

Is she screwed because she was the only one present, not the boyfriend?

I don't know if she actually said, I know what the plant is or if it was implied, she can't really remember would she said.

I was hoping to give her some reassurance, but it sounds like she could be in alot of trouble. The worst thing is is that she is trying to get the loser boyfriend to move out and he keeps stalling and she again allows him too.

Thanks for the responses everyone.

(edited for spelling, the work week is almost over and my brain has decided to shut down

 

[CdwJava]

We talked to her again last night and she hasn't heard anything.

< snip >

The boyfriend started growing the plant about a year ago, and they said it has never budded(correct term?) So, they have never tried to cultivate it. He thought it would be fun to grow a plant(stupid) and she allowed it(stupid). We tried to tell them how much trouble they would get in if the cops ever came knocking but obviously they didn't listen to us.

Unless you want to be a witness for the prosecution, I would stop encouraging your daughter to give you details. There is no legal confidentiality between parent and child.

How long until they would send someone out?

I doubt they anticipate finding anything. They may never send anyone out. The officer may have said that to encourage her to get rid of anything she had in there. If they had seriously wanted to take the place apart looking for indicia of sales, they would have frozen the scene and obtained a warrant.

Is she screwed because she was the only one present, not the boyfriend?

Even if he is charged, that won't diminish her liability. What happens to him is irrelevent to her predicament.

I don't know if she actually said, I know what the plant is or if it was implied, she can't really remember would she said.

She had pot on the table and a plant growing on the patio ... unless she claims a defense of stupidity, she's going to have to face the music. If she's lucky they'll charge it as possession (maybe of more than an ounce) rather than cultivation and then she could be eligible for diversion. I don't know of a jurisdiction in CA that would send someone to prison for a single plant - even jail is not too likely.

The worst thing is is that she is trying to get the loser boyfriend to move out and he keeps stalling and she again allows him too.

She is choosing to make that bed. Sometimes as parents we have to let our children make the dumb mistakes. It's part of the growing process. From learning about gravity when they fall out of a tree at age 6, to learning about the law and idiot friends as a young adult, life is about learning and growing. Let us hope she learns from this and makes some better choices int he future.

- Carl

 

[bucs1055]

CdJava LOL

LOL, It's my boyfriends sister, as I said in my first post.

It funny I sound like a parent, as I am not one yet, someday though.

Thanks for the info, I hope this works out as she is in no way a bad person. I know how alot of people feel about pot and I realize it is illegal, but it doesn't make you a bad person to occasionally indulge.

I'm sure I opened a can of worms on that one, my opinion, anyone is welcome to disagree

 

[CdwJava]

Thanks for the info, I hope this works out as she is in no way a bad person. I know how alot of people feel about pot and I realize it is illegal, but it doesn't make you a bad person to occasionally indulge.

Maybe not. But knowingly and intentionally breaking the law does show some measure of being "bad".

- Carl

 

[racer72]

The CDW Java Pot, sounds like a good name for an espresso stand.

 

[CdwJava]

The CDW Java Pot, sounds like a good name for an espresso stand.

Not a bad idea!

I had toyed with buying out a partner in a local coffee shop some time ago, but one of the local probation officers beat me to it!

Grr!

All the caffeine I can drink! And to think, it would be all mine!

- Carl

 

[gawm]

All the caffeine I can drink! And to think, it would be all mine!

- Carl

CAREFUL Carl, caffeine could be a gateway drug!

 

[outonbail]

I don't know if she actually said, I know what the plant is or if it was implied, she can't really remember would she said.

This is understandable, especially if she just smoked a bowl before speaking with the police,,,,,,

I still can't get over the fact that anyone would be growing a plant on their patio, for the whole world to see,,,,,,

Lets face it, cultivating marijuana on the patio (of your apartment no less), will result in one of two things, A. either someone is going to complain to the police who will come-a-knocking, or B. The other pot heads in the complex will see it and come-a-stealing,,,, so why would anyone even bother?

Oh yes, I remember,,,,, "He thought it would be fun to grow a plant(stupid) and she allowed it(stupid).

Maybe they should look into getting themselves a "Chia Pet". The police don't confiscate them and I've never heard of one being stolen either. They even offer a "Chia Head", for those that need someone (or something) else to do their thinking for them. (Which in this case, sounds like the perfect gift)

 

[bucs1055]

This is understandable, especially if she just smoked a bowl before speaking with the police,,,,,,

I still can't get over the fact that anyone would be growing a plant on their patio, for the whole world to see,,,,,,

Lets face it, cultivating marijuana on the patio (of your apartment no less), will result in one of two things, A. either someone is going to complain to the police who will come-a-knocking, or B. The other pot heads in the complex will see it and come-a-stealing,,,, so why would anyone even bother?

Oh yes, I remember,,,,, "He thought it would be fun to grow a plant(stupid) and she allowed it(stupid).

Maybe they should look into getting themselves a "Chia Pet". The police don't confiscate them and I've never heard of one being stolen either. They even offer a "Chia Head", for those that need someone (or something) else to do their thinking for them. (Which in this case, sounds like the perfect gift)

Trust me, we pointed out the stupidity many times

Well, still nothing so maybe she can stop worrying so much. And hopefully she has learned her lesson, but since she is still allowing the loser boyfriend to live there, maybe she hasn't learned anything

I am glad that I could come up with a new name for our favorite place, the drive through coffee stand!

Ah, the laziness of us humans

 

[acmb05]

I still have a picture of my grandmother sitting on my porch next to a 6 foot plant. This was 23 years ago and we told her it was a tomato plant. LOL