SWAT team executed a search warrant on
‘suspected grow operation’ (client’s home)
and took possession of over 70 plants; 11 ounces
of usable marijuana, 15 grams of wax as well as
various grow apparatus, scales, containers and a
vacuum sealer. Police unlawfully obtained
client’s and neighbors’ electrical usage
records by way of an administrative subpoena. This
illegally obtained information was used as the
basis of the search warrant therefore tainting the
search; Police used misleading comparison analysis
of usage to convince court that client was using
far more electricity than needed by comparing
client's home with five known occupants to a
neighboring house than is nearly vacant. Police
also improperly accessed Nevada’s confidential
medical marijuana patient registry therefore
tainting the search. Police counted as plants
clones that had no roots (contrary to Federal
precedent) thus exaggerating the haul.
Case was negotiated to “submittal” to one
misdemeanor count of “Unlawful Disposal of Solid
Waste” with no fine (the equivalent charge of
allowing your garbage to get blown down the street
by the wind), client to paid $508 to cover costs
of disposing of plant material, etc. All other
charges were dismissed.
Because this was a “submittal” the client was
required to stay arrest free for 3 months,
afterwards the misdemeanor count was also
dismissed by agreement meaning client walked away
with no convictions whatsoever.