So if you don't like you neighbor

Anyone who would tell law enforcement that they smelled weed coming from your home simply because they don't like you already has the tools with which to effect the same result without this ordinance

If they wanted to, they could call law enforcement and tell them they heard an argument going on and it sounded like it might have gotten physical. At that point the law enforcement folks have probable cause to knock on your door and enter you home to check on the welfare of everyone at the home regardless of whether or not you want to let them in. If you refuse them entry, they have all they need to breech the door and search the home to make sure that everyone in the home is OK and that there isn't a person who was recently beaten being held in the basement behind a locked door or lying unconscious or dead in a back bedroom. Your home is already subject to being searched without a warrant based upon a made up story by your neighbor who doesn't like you, which means that the proposed ordinance doesn't change the status of the existence, or lack thereof, of such a worse case scenario.

If you are growing, the government does have the authority to know that you are growing, that your operation is in compliance with the law and the responsibility to ensure that your growing doesn't endanger the welfare of others in the community. If you are growing and your neighbors find out about it because they see the plants in the window, or notice that the lights are on in the same room all night, every night, or the odor escapes your home, then the county has not only the right, but the responsibility to ensure that the process is safe and lawful. The right to grow your own "medicine" comes with some very specific limitations as to how much of it you may lawfully be growing and law enforcement has the authority to make certain that your "medicine" growth is in compliance with the law. Just because you have the right to grow does not mean you have a right to grow 50 plants instead of 6 plants and the only way to make sure your operation is in compliance with the law is to inspect the operation from time to time. The inspections will not occur without any notice, the ordinance specifically says that the inspection must be allowed with reasonable notice. Now what the definition of reasonable is would, I suspect, vary from person to person and is somewhat subjective, but I feel fairly confident that showing up on the doorstep and informing the occupant of the residence that they are there to do an inspection and must be immediately admitted for that purpose would fail to satisfy that requirement of the ordinance.

Ok, you are right. We already don't have the right to secure our homes against the inqueries of neighbors, so in essence there is not reason to put any more limits on this process, as it has already gone the full length.

Your pot, your child, your gun and your fridge is already subject to inspection and reapproval or denial at any time.

Unfortunate, but the damage was done long ago. But I guess the consensus is that we are all better off for it.

So I ask you, if they can already do it, why are they wasting our time with laws they don't need that we still may have to defend in court? I agree, some people smoking medicine or pot are not worth this level or expense and we can already take care of that kind of Cancer patient or Stoner. Seems like it would be easier just to do an annual inspection of homes like they do cars in many places. Seems like there is no reason not to as we could catch people potentially hurting us with electrical circuts and other hazards. This way we can catch way more of the stuff that is going wrong inside of people's homes, surely pot is not the only thing that would justify regular inspections, the world has gone to pot because of way more than pot and inspections can help those that know how to deal with stuff (qualified inspectors and LEO).

I shift 180, I now support this and will push for more such inspections for our safety. I am concerned about my neighbor's shooting all the time (have not seen any permits) and my other neighbor's wood stove (I have not seen him clean it for a while), I have another neighbor that only seems to give his kids soda to drink on hot days (???? abuse?). I appreciate you giving me these tools. This is likely something that the state can do better than the county too, like electrical inspections which Park cannot do....actually the state will def be involved in these searches because they will be partially electrical. Hmmm. Thanks.

PrintSmith wrote: If they wanted to, they could call law enforcement and tell them they heard an argument going on and it sounded like it might have gotten physical. At that point the law enforcement folks have probable cause to knock on your door and enter you home to check on the welfare of everyone at the home regardless of whether or not you want to let them in. If you refuse them entry, they have all they need to breech the door and search the home to make sure that everyone in the home is OK

Its amazing what happens when ass-speech is allowed to run rampant....

The correct answer is FALSE.

The very scenario you have described HAS actually happened to my wife and I because we happen to have one douche bag neighbor, fortunately for us and proper litigation, PC has him by the short and curlys and he doesn't tend to cause us problems anymore.

They did show up one night stating there was a complaint which really baffled us, (we rarely argue anyway and never need to raise voices... yes I lucked out in life.) Park County asked for entry and I denied. They asked "why?" and I said because its my home, its late, they have no warrant. They said, well we have probable cause, to which I replied, you have time to waste and I'll let you know now, that it won't be MY TIME. Get a warrant and until then GOODNIGHT.



Badger

On another note. you come to my house, say probable cause, then try to enter, maybe 1 or 2 officers are now down maybe I get killed, but is it worth getting LEO's whacked? Maybe not.

That's pretty funny I am simply pointing out that what you are hoping to make us afraid of having taken away is a specious argument because it was taken away long ago.

You don't need a permit to own or shoot a firearm . If your are concerned about safety, then by all means call your local sheriff and have them go out and verify that the place where your neighbors are shooting has the proper backstop. If you find a bullet outside of their property, you should call the sheriff and tell them that your neighbor hasn't taken the necessary steps to prevent the shots from leaving their property - someone's life, maybe even yours, depends on you taking that step.

It would seem that the county commissioners are looking to draft the ordinance in such a manner that it will not have to be defended in a court - though I am sure some drug addled paranoid will still think they should file a lawsuit. There are lawful restrictions placed on growing your own "medicine" and I have yet to see you forward an argument of any substance as to why compliance with those laws should not have to be demonstrated without first obtaining a search warrant when a concern is raised by another member of the society. A special privilege, with very specific conditions, was granted to those suffering from debilitating conditions by their fellow citizens out of compassion for their condition - a special privilege which is being abused; and that the abuse of that privilege was intended from the get go. The citizens of Colorado did not pass the amendment to their constitution to allow for the recreational use of marijuana, though the majority of red card holders seem to believe otherwise. Since the unapologetic abuse of our compassion continues unabated, the only recourse available to us lies in providing for strict adherence to the rest of the law. If your neighbor calls the county and tells them that you are finishing your basement, or adding a garage, and that no permit is visible I can guarantee you that an inspector will be visiting your abode in short order to make sure the building codes are not being violated. If you attempt to sell your home and the county records indicate that no permits were pulled to finish the basement you should expect some problems associated for not complying with the law as well.

Don't be surprised if the push to treat marijuana the same as alcohol fails to pass this November. And if it should fail it is important for all the proponents to realize it is the abuse of the desire to provide relief to those who truly were in need by those whose only purpose was self indulgence that prevented its passage.

I'm not fooled popcorn - this isn't about privacy, it's about being mad that the society actually intends to hold the abusers of the red cards in compliance to the letter of the laws that were passed out of compassion for those who were seriously in need of the relief that marijuana could bring to them.

BadgerKustoms wrote: Its amazing what happens when ass-speech is allowed to run rampant....

The correct answer is FALSE.

The very scenario you have described HAS actually happened to my wife and I because we happen to have one douche bag neighbor, fortunately for us and proper litigation, PC has him by the short and curlys and he doesn't tend to cause us problems anymore.

They did show up one night stating there was a complaint which really baffled us, (we rarely argue anyway and never need to raise voices... yes I lucked out in life.) Park County asked for entry and I denied. They asked "why?" and I said because its my home, its late, they have no warrant. They said, well we have probable cause, to which I replied, you have time to waste and I'll let you know now, that it won't be MY TIME. Get a warrant and until then GOODNIGHT.

Badger

I'm going to take a stab in the dark here Badger and say that both of you came to the door for the deputy rather than only one of you. Mostly because I know what would have happened if you were the only one that came to the door and you refused to allow them to see that your wife was OK.

PrintSmith wrote: I'm going to take a stab in the dark here Badger and say that both of you came to the door for the deputy rather than only one of you. Mostly because I know what would have happened if you were the only one that came to the door and you refused to allow them to see that your wife was OK.

And you'd be wrong again, she remained on the couch and no... the couch cannot be seen from outside the door. I looked over at her, and she simply said "WTF?" with a light laugh because we'd been sitting there watching a movie. Wall-E if you must know was the movie, it had just come out on DVD.

You can try to justify your misinformation above any way you see fit, but it is indeed inaccurate.

Furthermore, law enforcement is not going to risk the lives of their officers on a 'whim' that something might be going on and breech a home knowing that the act in itself could cause harm to themselves as well as others. (Yes I'm aware such things have happened in the past, but read the fine print of how things have turned out when such has occured.)

Probable cause.... if I'd answered the door with a visible weapon, if drugs or parephenalia(sp?) were present/visible/smelled, yelling audible from outside, or other criminal activity witnessed, YES they'd have probable cause. Breeching, still is something they need approval for from within their ranks, and NOT ordinarily recommended.


Badger

PS, You smell something that is not there.

I have been passionate about property rights since 7th grade. I did not know of pot or growing ops or otherwise. I had just read the constition and we spent much time on it in class. I often look back and wish that my teacher did not spend so much time on it, I would spend a lot less time pissed off.

If there is the same probable cause and warrant then I have no issues. BTW you are wrong, the police and the county do not have access to individual grow people. The people I knew a couple years ago said that they did not even have to state where their grow was, just that they were the one's doing it and that they had to give permission to even clear their name to the cops.

But wait, do we really have to worry about pot heads when people on 285bound are threatening to gun down police just for knocking on the door and saying they have prob cause?

PS, I am trying to get people to know what is going on and not let locals violate the 4th ammendment. I am afraid of my guns being taken. Is that so wrong?

But the real question is what is it about us as a community that we need all this to get along and be safe when there are so many communities that don't, all these rules and actions, when other communities don't need them is embarassing.

Again, you are reading me wrong, but I will work on writing me better.

BadgerKustoms wrote:

popcorn eater wrote: Then the county, if laws being considered are passed, can come and do a search of your neighbor's home without a warrant.

I seem to have missed the part where it states that warrants are not necessary.... Where did you find that at?

Badger

http://www.theflume.com/news/article_09 ... f6878.html

However, other provisions of the ordinance place restrictions on where in a home medical marijuana could be grown. With respect to the growing of medical marijuana, the proposed ordinance stipulates:

1. Compliance with the Colorado Constitution and Colorado Revised Statutes regarding medical marijuana.
2. That there be no perceptibility of the medical marijuana from a home's exterior by visual observation, odors, fugitive light or undue traffic.
3. That the medical marijuana be grown only in a secured, locked room separated from the rest of the residential living area, with the room's size limited to not more than 150 square feet in a single-family residence or 100 square feet in a multi-family dwelling unit.
4. That a grower meets all building codes, including electrical codes, fire codes, and water and sewer regulations.
5. That the grower allow, with reasonable notice, a fire department or county employee to inspect a residence for compliance.
6. That the necessity for a search warrant is automatically waived for inspections.
7. That a violation is a Class 2 petty offense, punishable by a fine of not more than $1,000 each day a violation occurs.

If the County can waive search warrants for the above, they will ease into waiving them for other things. Kinda scary.

Regardlees they Can Not abuse the constitution and as far as PC goes they have no clue.