Cops raid home,Seize 1600 daisies instead of pot;ruin a mans life anyway!!

[The DB]

Not if the warrant was based on false information, like daisies being weed.

All a warrant based on false information means is they will likely not find what they were looking for. If they confiscated a daisy bed by mistake thinking it was weed they can still get the warrant amended for the illegal drugs found and that will still be admissible in court. He may still sue for the damage to the daisies, but the drugs found and seized under the amended warrant still count as evidence against him.

Just because the source information was incorrect does not mean a warrant cannot be amended, and the amended portion can still be used in lawsuits.

I also remind you that to be a warrant a judge must sign off on it, agreeing that the information, false or otherwise, justifies the warrant. It isn't just the police thinking you may have something, a third party must agree that it is justified based on the available evidence.

That being said, I am not sure how Canadian law handles it.


The DB

 

[psycho]

Not really.


Sent using TapaTalk app.

Possession with intent to distribute is a C felony.....3-5 years in prison, not a county jail.
Possession with intent to distribute daisys.....not sure of the penalty for that.

 

[74IN]

All a warrant based on false information means is they will likely not find what they were looking for. If they confiscated a daisy bed by mistake thinking it was weed they can still get the warrant amended for the illegal drugs found and that will still be admissible in court. He may still sue for the damage to the daisies, but the drugs found and seized under the amended warrant still count as evidence against him.

Just because the source information was incorrect does not mean a warrant cannot be amended, and the amended portion can still be used in lawsuits.

I also remind you that to be a warrant a judge must sign off on it, agreeing that the information, false or otherwise, justifies the warrant. It isn't just the police thinking you may have something, a third party must agree that it is justified based on the available evidence.

That being said, I am not sure how Canadian law handles it.


The DB

Doesn't work like that. If it did it would be a return to general warrants. Cops could just go on fishing expeditions by using incorrect info. Also the daisies were grown OUTSIDE!!!! It was obvious that they were not weed so the search had to be stopped at that point.

 

[The DB]

Doesn't work like that. If it did it would be a return to general warrants. Cops could just go on fishing expeditions by using incorrect info. Also the daisies were grown OUTSIDE!!!! It was obvious that they were not weed so the search had to be stopped at that point.

OK then, how does it work?


The DB

 

[74IN]

Search Warrant | LII / Legal Information Institute

 

[74IN]

I'd like to know how a legal activity or property can be the basis for a search warrant.

 

[Captain Kilowatt]

I'd like to know how a legal activity or property can be the basis for a search warrant.

Be being the subject of false or misleading information. Someone provides false info to the police who in turn get a warrant based on the testimony of someone that turns out to be false. My bet is that since the guy had a pound and a half in his house he was known to be a grower or dealer and that lead to over confidence on the part of the police.

 

[74IN]

I guess we are just arm chair lawyers here, next time I see my lawyer, I'll have to ask.

 

[74IN]

Maybe this helps.....

Affidavit based on Opinion of Officer: Bad Example

• "I am Shane Vendrell, Los Angeles Police Department, Farmington Division, Strike Team.
• I was undercover at 911 Maple, Los Angeles, California.
• I saw materials used to make speed." No basis for officer's expertise Need experience and training specific to identifying the contraband.

There seems to be a problem with the ability to identify the "contraband" in this similar case. To mistake daisies, a common plant that requires little to no expertise to identify, no saw blade leaves no similar smell, etc., demonstrates a lack of training on the officer that requested the warrant.
Source...
Identifying Illegal Search Warrants and Arrest Warrants