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10-13-2008, 05:17 PM #38
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is the house's owner held accountable, as well as the resident grower?
HB means "no detention without charge"
yeh they can do a knock-and-talk. doesn't mean to have to answer the knock. they'd be knocken' on my door all night. even if you decide to answer the door they cant make you stay and talk to them about anything. all you have to do is identify yourself and say "i have nothing to say to you, i am asking you to leave now". thats it, they always try to get people to "come down to the station" to talk to them, and they always try really hard to make it seem like its not optional, but unless you are being arrested or a warrant for your arrest has been issued, you have absolutely NO legal obligation to speak to the cops, or go anywhere with them for questioning.
if they call you and ask you to come down to the station ask "am i being arrested?" and if they say "no we just want to ask you some questions" then say "well i have nothing to say, so im not coming down to the station".
if they are investigating a crime (they found bud on your renters property) then they have the legal right to detain you for 10 minutes to "gather evidence", but they cant search any property without a warrant. there isn't much evidence they can gather from seeing the outside of my door for 10 minutes (this is why you don't answer the door), so they rarely invoke this privilege during the "knock and talks" or supposed "questioning". when you say "i have nothing to say to you, i am not going with you" then the conversation is usually over and you get the satisfaction of seeing a cop steaming in his boots as we waddles away with his tail between his legs after having his beloved laws turned against him by a simple stoner.
remember kids, the constitution is your friend. its the most important set of laws in America when it comes to growing weed, or anything.
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