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Toddler Leads Deputies To 1,700 Pounds Of Pot

UPDATED: 2:24 pm CDT May 20, 2005

ALBUQUERQUE, N.M. -- Sheriff's deputies in Bernalillo County, N.M., found nearly a ton of pot at a home, thanks to a toddler and an OnStar in-vehicle safety and security system.

The Albuquerque Journal reported Friday that a 2-year-old boy who was locked in his father's Cadillac Escalade in southeast Albuquerque pushed the OnStar button in the car for help. The device not only can guide a motorist to a location, it can also unlock doors and call for help.

Officials responded to the OnStar alert, and when deputies arrived, they became suspicious when they found a large trailer in the garage.

Inside the trailer, deputies found 1,700 pounds of marijuana worth more than a half-million dollars.

Four men were arrested and are now in federal custody on drug trafficking charges, deputies said.

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That's inadmissable evidence....unless someone has suspended the entire concept of probable cause for a search.

There weren't any kids in the trailer.

<b>There are two kinds of soldiers.
Snipers...and targets.</b>
<img src="http://www.creedmoorsports.com/images/SA9121-M21.JPG" border=0>

Cops do seem to be pushing the limits of probable cause in a lot of cases. This one should be interesting to see if it holds up or is labeled a bad search.

Fender
"A woman drove me to drink
and I hadn't even the courtesy to thank her".
W.C. Fields

The last paragraph mentions that they are in federal custody.....with the patriot act they make most things stick. Regardless of the legalities.

<img src="http://img117.imageshack.us/img117/457/bgnrjsiiw81q1gc.jpg" border=0>

<BLOCKQUOTE id=quote><font size=1 face="Verdana, Arial, Helvetica" id=quote>quote:<hr height=1 noshade id=quote>
That's inadmissable evidence....unless someone has suspended the entire concept of probable cause for a search.

There weren't any kids in the trailer.

<b>There are two kinds of soldiers.
Snipers...and targets.</b>
<img src="http://www.creedmoorsports.com/images/SA9121-M21.JPG" border=0>
<hr height=1 noshade id=quote></BLOCKQUOTE id=quote></font id=quote><font face="Verdana, Arial, Helvetica" size=2 id=quote>

How So?

The The Unattended Youth gave the Authorities Cause to search the premises for the Toddlers Guardians. Then they stumble on Narcotics. The Trailer may have exposed drugs. That then gave them cause to search, and more than likely all they needed was a Phone call to a Judge to get a Warrent. Seen this happen allot. The article did not go into detail on the narcotics side, I wouldnt jump to Conclusions on the legalities of the search.

"The greatest pleasure is to vanquish your enemies, to chase them before you, to rob them of their wealth, to see their near and dear bathed in tears, to ride their horses and sleep on the white bellies of their wives and daughters."
-Genghis Khan

_________________
\"A good plan violently executed now is better than a perfect plan executed next week. \"

George S. Patton

This one does seem to be a stretch of the imagination for probable cause.
"they became suspicious when they found a large trailer in the garage."
What's so suspicious about a trailer in a garage?
I could be wrong however. I would think 1,700 lbs of weed would put off quite a recognizable smell


"The government is like a baby's alimentary canal, with a happy appetite at one end and no responsibility at the other." - Ronald Reagan

<BLOCKQUOTE id=quote><font size=1 face="Verdana, Arial, Helvetica" id=quote>quote:<hr height=1 noshade id=quote>
This one does seem to be a stretch of the imagination for probable cause.
"they became suspicious when they found a large trailer in the garage."
What's so suspicious about a trailer in a garage?
I could be wrong however. I would think 1,700 lbs of weed would put off quite a recognizable smell


"The government is like a baby's alimentary canal, with a happy appetite at one end and no responsibility at the other." - Ronald Reagan
<hr height=1 noshade id=quote></BLOCKQUOTE id=quote></font id=quote><font face="Verdana, Arial, Helvetica" size=2 id=quote>

3 Years ago during my first 6 months as a reserve Deputy Sheriff, I was assisting another officer on a "Knock and Talk" Complaint with one of our narcotics strike force officers on a Suspected Hydroponic Marijuana Grow. Once the resident cracked the door open wecould smell the Canibis pollen and Oils that the Plants "transpire". We confronted him on it and mentioned we know its there, We suggest you let us speak with you about it. The owner realised what was against him, and let us in. We searched the home owner and he had $3000 Dollars on him. We could smell the Cannibis very strongly and saw paraphanalia strewn about. By law we have the right at that time to search the Residence for the purpoe of resident owner and officer safety "Plain View" but not secure entry. The narcotics officer went into the basement seen 3 hydroponic grow flood tables with aproximately 28 plants in their first 1 month of growth. Special lights and basically a special screen around it to shield the plants enviromentally and prevent the vapors from permiating outside the residence, with special filters and air moving equipment, Water punp timers, fertilisers the works.

Narc officer called the Judge, he agreed for the "Full search Warrant" narc officer went to pic up the papers, I then waited with the resident owner, Once the narc officer returned we began a full Investigation.

In return for the Resident owners participation, the DEA did not seize his property or charge him under federal statutes. He became a CI, and helped us take down several other linked members of his drug associates in the growing buisness, which led to a suspected 4 acre grow site in the wilderness on Forest Service land.

That specific grow, you could smell the cannibis baking in the sun from 1 mile down the ridge.

The smell is a very distinct seperation from a "Combusted" cannibis, such as one created a recreational smoker.

The reason I explain this, is that Evidence expands the longer you investigate.

The cops responded to a child in distress, Upon discovery they find a non supervised child, Which leads into Child abandament investigation, which results into legal authority to search the Surrounding area and make contact with a responsible party. This is plain view search, and not a forced secure entry. If evidence leads them past a barrier becasue of plain view at that time dependent on circumstances can lead to a Officer Discretion or Judicial discretion.

For Example. unconcious person inside the residence seen from/ through a window. The officer has the right and by legislature in commanded to force entry to access the potential victum. This does not require a court order. The officer upon the results of that discovery could and will lead into a plain view search of the home for again officer and vicitm safety to secure this scene. ( this needs to be safe before EMS is allowed inside) If again for example the officer then hears auditorialy or sees another victum or other type of evidence beyond a secure barrier he can again force entry.

All this does not require a Judge sighned affidavit of search.

At this time obviously it will be reported to EMS, the Police Dept, prosecuters office and the Judgeo n extended search based on all curent Officer acknowledge facts of the evidence presented.

Their is many ways that an officer can search.

The Drug evidence could of been found by plain discovery or by executed search warrants on prima facia evidence.

Wether or not it factors into the case of the original purpose of visit, Is up to the Prosecuter. and the results of the Judges decisions.


In Short. If your a shitbag breaking the law, you do not want the Police officer discovering anything, so should handle your buisness in all facits of life accordingly. Most often this is how all criminals are caught, stupid things like a tail light out, running a stop sign, or in that case, Child Neglect.

"The greatest pleasure is to vanquish your enemies, to chase them before you, to rob them of their wealth, to see their near and dear bathed in tears, to ride their horses and sleep on the white bellies of their wives and daughters."
-Genghis Khan

Edited by - thebigthug on May 23 2005 06:37 AM

_________________
\"A good plan violently executed now is better than a perfect plan executed next week. \"

George S. Patton