Complaint Review: Henry County sheriffs - McDonough Georgia

 YOU are STILL attempting to play the victim!! You can rebut all you like. YOU can make accusations against me all you like. It STILL wont change FACTS!!! Perhaps instead of wasting time playing the victim, you should look up what is commonly called "PLAIN VIEW CRIMES". You would be amazed. the Law about plain view crimes varies from state to state, but the underlaying premisis is that if a crime is commited in front of an officer of the Law, or that if a crime is being commited INSIDE a building and the officer becomes aware of said crime, that THEY DONT NEED A WARRENT!!!! I will give you an example. Lets say a cop is walking by an apartment complex building, and through the front window they see someone beating up their wife or commiting murder. Now IF the police had to wait for a warrant then odds are the VICTIM of the crime is going to be worse off or expire. In cases such as that, NO WARRENT IS NEEDED!!! In YOUR case, YOU had plants that looked like pot plants on YOUR PATIO!!! By definition of the law, the police DID NOT NEED A WARRENT!!!! YOU know these are special plants from the far east, the cops ONLY SAW WEED!!! Since the supposed pot plants WERE in PLAIN VIEW to SOMEONE, they have right of entry. As I said before, its was a lucky break for the cops because YOU DID HAVE WEED!!! YOU can argue semantics all you like, the LAW is on the polices side. If YOU had NO DRUGS in YOUR RESIDENCE, then YOU would have a 100% solid civil rights case. Even the Judge is going to tell you it was unwise to have plants that look remotely like weed WHILE having weed in YOUR residence. Its a "cart before the horse" situation. YOU had plants that looked like they were illegal, THEN you have illegal substances in YOUR RESIDENCE. Yes the preceeding act of entry into your home WOULD have been a clear violation of your forth amendment rights IF you did not have drugs there. Its called an INVESTIGATION for a reason. THEY investigated a report of someone growing drugs on their patio and found YOU in possession of drugs. YOUR WORD means NOTHING in a court of Law!!! The police, who ONLY had to reasonably assume that what was on YOUR patio WAS indeed pot plants, will ALWAYS win. YOUR word means nothing BECAUSE you had drugs. So EVERYTHING you say in court is going to be suspect. I can not fathom HOW you cannot see this. I understand the indignation that you feel. YOU feel violated. YOU feel as if THEY had NO RIGHT to enter YOUR HOME,not without a warrant. I think you are confusing TV with REAL LIFE. On TV, the police make this big show about getting a warrant. But those same shows also show that the police CAN enter a home or residence IF they are sure a crime is being commited. They can also enter a home if someone inside calls for help, and ANYTHING in PLAIN VIEW can be used against you.

I will just get plants that LOOK LIKE weed. (since when was it a crime to have plants growing on your premises???? Well, NOW that little "joke" has come back on YOU. (LITTLE joke? funny you should say such) (The lesson is YOU DONT ADVERTISE!!!)????Advertise () WHAT that I know how to grow trees from different parts of the world ?? Half of America smokes it!!! You would know right))??  Possibly MORE!!!!!(ummhumm))  Some people are just so ignorant and dumb that THEY advertise the ILLEGAL activity, NOT a bright idea. | Yet there are SO MANY that use it and YOU would NEVER know!!! | LISTEN TO YOURSELF SOMEPEOPLE?? YOU KNOW MY RACE SO BASICALLY YOUR SAYING (((redacted))) THEY ADVERTISE THERE ILLEGAL ACTIVITY then to make it CLEAR YOU (---> don't advertise it!! THEY don't use it in public or go out in public messed up!)) ( SO YOUR SAYING POLICE PROFILED ME AND THAT (((redacted))) !! One would think that (YOU?) as an adult would understand these little things. (It is STILL ILLEGAL) !!! (Until it is legal)?? right, ((((----> YOU have to be one of those people who NO ONE suspects of drug use)) rasist pregetist or NAH????  After your legal issues are over, GET RID OF THOSEI will just get plants that LOOK LIKE weed. Well, NOW that little "joke" has come back on YOU. The lesson is YOU DONT ADVERTISE!!!! Half of America smokes it!!! Possibly MORE!!!!! Some people are just so ignorant and dumb that THEY advertise the ILLEGAL activity, NOT a bright idea. Yet there are SO MANY that use it and YOU would NEVER know!!! THEY don't advertise it!!! THEY don't use it in public or go out in public messed up!!! One would think that YOU as an adult would understand these little things. It is STILL ILLEGAL!!! Until it is legal, YOU have to be one of those people who NO ONE suspects of drug use. After your legal issues are over, GET RID OF THOSE PLANTS!!!! Unless YOU have an immediate medical need for having them there, then get rid o PLANTS!!! Get rid of what plants oh you mean my very legal Japanese maple no thanks my case is solid PUN I dont need you input ! Unless YOU have an immediate medical need for having them there, then get rid of them!!!" Get rid of what my maples is having them a crime no no NO NO NO next case because this one is what DISMISSED ALONG WITH YOURSELF!!!  NEXT...! PLEASE KNOW YOUR facts IN ITS ENTIRETY before AND AFTER YOU SPEAK on any thing that Is clearly irrelevant TO YOU AND THANK YOU GOODDAY.....

 Dude you had TWO plants that look like weed plants, in PLAIN VIEW!!! THAT would be the extigent circumstance that THEY would need!! THEN you actually have drugs on the premises. Its a compounded issue. To THEM if it looks like a duck ect ect ect. I agree it was a rather shitty thing for them to do, BUT it was brought on by YOUR PLANTS!!!! YOUR CHOICE to have plants in PLAIN VIEW that even remotely look like herb!! You can cry foul all you like, but this is ALL on YOU!!! Then they book YOU for drug possession. there isn't a lawyer around who is going to be dumb enough to represent a case built on YOUR tort evidence. Don't you think the police are WELL versed in what it takes to LEGALLY make entry into a home?? All they have to do is show that from where THEY were viewing the plants, it definatly LOOKED like weed!!! THAT is ALL they need. growing pot plants IS illegal. So by YOUR premiss, THEY had no right to enter YOUR residence, because it was not pot plants. But since it looks like pot plants to them, THEY have right of entry because it LOOKS LIKE a crime is being commited. Then they catch YOU with smokeable processed weed. As I said before, YOU will more then likely skate on the growing charges, BUT they WILL hit you for having weed. Remember, YOU are an adult!! even if YOU don't realize the FULL scope of police powers, THEY STILL HAVE THEM!!!!! YOU are responsible for ANYTHING illegal in YOUR residence. It really just sounds like YOU are trying to get YOUR case overturned simply because the plants ALONE are NOT illegal. If you had no herb on the property, THEN you would have had a 100% civil rights violation case. But since YOU DID have drugs, then what happened was a "lucky break" for the cops. yes the preceeding act of entry was based on a false positive on the plants, BUT the entry in and of itself IS legal because the police REASONABLY BELIEVED that THOSE were pot plants. THAT is ALL the Law requires for a police officer to make entry without a warrant. Im not saying what was done is in ANY WAY right, I AM saying that YOU did this to yourself. The police didn't "plant" the drugs YOU were smoking. You can claim it all you like, but a blood,hair,urine test work up would PROVE that they DID NOT "plant" anything. That the drugs found in YOUR residence were being USED BY YOU and in NO WAY involved the police OTHER then YOUR arrest. YOU need to accept YOUR ROLE in all of this and quit trying to turn the police into bad guys. there are SOME bad cops. But 90% of them are good solid citizens just doing the best job they can. The constitution STOPS a lot of illegal entries. But in this case THEY had JUST CAUSE. YOU can flaunt the Law all you like, but a Judge is NOT going to find YOU having plants that look like weed very funny at all. In fact I can tell you that the Judge is going to look at YOU and ask that since YOU smoke weed, how YOU didn't notice that the plants YOU purchased LOOKED LIKE POT PLANTS!! Ignorance in ANY form is NOT tolerated by the legal system. Judges are about as funny as a car wreck. So the Judge is NOT going to think it "funny" in ANY WAY!!! You and I both KNOW the WHY behind what you did. It looks like a duck but its really a chicken so the cops cant do anything to you. BUT!!! THEY CAN AND DID!!! So its not really funny anymore. The police are MORE like a gun then an investigative unit. SOMEONE, probably a neighbor turned YOU IN for growing pot plants. WHEN this "crime" is investigated, it LOOKS like maybe a hybrid pot plant. So they gain entry and find drugs. The ONLY way this ever worked out for YOU is if you had no drugs there. But you DID have drugs, so THIS is the consequenses of that act.

The term “tort” has been derived from the Latin word “tortum” which means crooked or something twisted. The acts of nuisance, negligence, defamation, assault , trespass, property damage are considered to be the torts. Some torts are also considered to be crimes and are punishable with imprisonment. 

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Police cannot without a warrant enter a private home and search or seize a person or property absent exigent circumstances and reasonable belief that a crime was committed.

The police can only enter your home without an arrest warrant or search warrant if you consent to their entry, they are in hot pursuit of a fleeing felon, or an emergency situation. If none of those apply, then you indeed will have a cause of action against the police for unlawful entry.......

 So you DID have drugs on the premesis, just NOT the PLANTS that they were looking for. Sorry to say this buddy but THOSE look like pot plants. Especially the first pic. The second pic it only KINDA looks like weed. Unfortunatly, YOU probably resisted the arrest, which by the way, IS legal. Which would mean that YOU WERE fighting back, which means they CAN hit YOU in order to secure YOU as a prisoner. Its not NICE, but NOT illegal. THEN....from your own words..................... because they suspected that my 3 Japanese maple plants where indeed marijuana and I was booked into the Henry County Jail Shorty After and charge With intent to distribute marijuana and manufacturing marijuana along with posseion of marijuana less then an oz...........

.YOU HAD DRUGS THERE!!! THEY HAD A WARRENT!!! Guess what....YOU GET ARRESTED!!!!!! YOU smoke the plant so even YOU can see how the cops would suspect YOU of growing herb by looking at THOSE plants. So it IS NOT beyond the scope of their warrant to enter YOUR residence, BECAUSE it LOOKS like a weed plant. If YOU are growing weed on your porch then it stands to reason that YOU do your clean up IN THE RESIDENCE. Now I WOULD support YOUR claim BUT YOU HAD DRUGS IN THE RESIDENCE!!!! THAT pretty much invalidates ALL arguments YOU can put forward.

THEY had a warrant, YOU had drugs. Seems pretty cut and dry, pun intended. While YOU may not agree with or like THEIR tactics, WHAT would you expect them to do?? Answer your question with the truth while YOU are behind a locked door. Possibly getting a gun ready or flushing the drugs down the crapper?? Kinda hard to CATCH the criminal with the drugs if YOU are there to arrest them AND you inform said dealer that YOU are the police. You will probably skate on the growing and distribution charges since there are no pot plants. But YOU have a part in all of this. You and I BOTH KNOW that YOU got those plants BECAUSE they look like mary jane plants. So YOU can stop playing the victim, your hubris and ego are what has gotten YOU into this situation. YOU thought, HA HA!! I smoke it yet IM going to screw with THEM!!!

I will just get plants that LOOK LIKE weed. Well, NOW that little "joke" has come back on YOU. The lesson is YOU DONT ADVERTISE!!!! Half of America smokes it!!! Possibly MORE!!!!! Some people are just so ignorant and dumb that THEY advertise the ILLEGAL activity, NOT a bright idea. Yet there are SO MANY that use it and YOU would NEVER know!!! THEY don't advertise it!!! THEY don't use it in public or go out in public messed up!!! One would think that YOU as an adult would understand these little things. It is STILL ILLEGAL!!! Until it is legal, YOU have to be one of those people who NO ONE suspects of drug use. After your legal issues are over, GET RID OF THOSE PLANTS!!!! Unless YOU have an immediate medical need for having them there, then get rid of them!!! Its obvious that the police DO NOT appreciate the "joke" .

  Unlawful entry is considered a violation of tort laws in accordance to trespassing regulations. Trespassing regulations can occur to a person, to a chattel or personal property, and to land. Unlawful entry is considered to fall within the trespass to land category. Unlawful entry can therefore be defined as an intentional action to violate the rights of person over his/her real property. This can entail various situations and it should be noted that unlawful entry does not have to constitute any harm or injury to the actual person to be considered as such. Unlawful entry is simply physically entering a property without the proper consent of the owner.