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Dear Helicopter Cops, Don't Bust My Grow

Submitted by Marijuana News on Thu, 07/16/2015 - 08:45
It is soon high season in California, and law enforcement is in the air with helicopters looking for cannabis grows to raid before the harvest. Some marijuana crops are legal under California’s medical cannabis laws, and some are grown outside those laws.  Many counties are de facto nullifying prop 215 and sb 420 by enacting strict zoning requirements.  From the air, all marijuana gardens look the same to a cop: illegal. 

When law enforcement sees a pot garden on private property, they see probable cause to search and make an arrest for illegal drugs.  Their job is to bust people, and let a judge sort out the innocent from the guilty. To police, marijuana equals probable cause.  Raid first, let the court ask questions later.

But does the mere presence of a MJ garden always equal probable cause under the law?  Maybe not.  Growers can take steps to eliminate probable cause in the mind of an officer (and in the

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