Imagine a dark Orwellian world where everything you do is on video and everything you do is closely examined in the hope it can be used as evidence against you in the future.
Well, if you live in Pinellas County, Florida you don’t have to imagine that world anymore, as your Pinellas County Sheriff’s Office secretly put hundreds of customers under video surveillance for over a year at a plant store called Simply Hydroponics. Law enforcement then used identifiers of the customers, such as the tags on their vehicles to track them, spy on them and to obtain search warrants which contained at best highly unlikely information.
This should make every American angry and even makes your favorite Clearwater Defense Lawyer despair for the future of our country.
In one case law enforcement officers placed a plant store customer’s home under surveillance then swore under oath in a search warrant that they could smell the marijuana plants and heard the distinct noise of foliage being broken from within what they designated as a suspected marijuana grow house. Our intrepid detectives found a single marijuana plant upon forcing their way into the home.
If there’s one thing all of us as Americans should be against it’s unbridled government surveillance and the destruction of our privacy rights. Yet we should also agree that the inherent corruption which resulted in officer’s telling lies under oath must also be rooted out.
The surveillance, the lies, the misinformation and the failure of law enforcement to abide by basic American standards of Justice should result in the immediate investigations of every law enforcement officer and every prosecutor involved as prosecutors routinely draft, prepare and take the search warrants to Judges for signatures.
A Grand Jury should immediately be convened by the Florida Attorney General Pam Bondi to investigate he highest positions at the Sheriff’s Office and at the State Attorney’s Office, to find who was responsible for placing the video equipment near the store, to find what other stores or public areas are secretly under surveillance and to bring to justice all of those who did this or allowed this to be done under their watch.
Here are a few excerpts about smell as possible probable cause from the St. Petersburg Times Article
: Young plants don’t emit an odor, but if a person were growing “hundreds” of mature plants in a structure that wasn’t properly sealed, it’s “possible” an officer very close to the home would notice the smell…James Woodford of Chattanooga, Tenn., an expert on the topic of marijuana odor, said a large operation vented directly outdoors could generate an occasional “whiff” of marijuana detectable up to 25 to 30 feet away [i.e., less than half the distance between the sidewalk and Underwood’s “alleged grow room”]….Law enforcement officers commonly use the smell of marijuana to establish probable cause.Drug Crimes Trial Lawyer & Criminal Defense Attorney in Clearwater, FLTimes Editorial: America shouldn’t be a surveillance societyVideo Surveillance – Are Hidden Cameras Legal?933.07 Issuance of search warrants.—(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s deputies or any police officer or other person authorized by law to execute process, commanding the officer or person forthwith to search the property described in the warrant or the person named, for the property specified, and to bring the property and any person arrested in connection therewith before the judge or some other court having jurisdiction of the offense.
(2) Notwithstanding any other provisions of this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a court proceeding prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant. Such search warrant may be served by employees or authorized contractors of the Department of Agriculture and Consumer Services. Such search warrant may be made returnable at any time up to 6 months from the date of issuance.
933.04 Affidavits.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized.
|From Orwell’s novel 1984, The three slogans of the Party on the Ministry of Truth Building.