Green Harvest - D.E.A. style ?

[missydog1]

well if it is legal, it shouldn't be, not without probable cause. They can't open a car trunk without cause, but they can spy on a home from above?

My DH lived in upcountry Maui in the mid 70's (hi Beachboy) and knows of how an area of East Maui where they kept the confiscated plants was cordoned off, how certain officers, not all, but a few, went around and looked for the best buds and had them put in a special section.

When less came out than went in -- well you know how weight is lost in drying ...

Genxor, as far as personal knowledge of the corruption goes, I realize you don't know me, but I know my DH and he doesn't make up stories ...

he will never forget being approached by a fully uniformed Maui police officer who also worked with Green Harvest who asked him, passt, did he want to buy some smoke .. which he declined. (My DH being a well known hippie character of the area, known to the officer, there was an assumption he might be a potential customer).

When many of the cops don't believe there is anything wrong with smoking pot ... there's not such an ethical dilemma I guess it's a grand old tradition for police to make a little on the side ... from NYC to Hawai'i ...

it's a stupid law that has been kept on the books for a variety of reasons -- none of which have much to do with it being so bad to smoke pot, and I disagree that the law is the law is the law and that's that. There are victimless crimes that even good citizens feel justified in ingnoring ... and also know that writing to one's representative is not going to take the bad law off the books. I don't automatically have respect for legislators or their legislation; they have to earn my respect by passing good laws for the right reasons. Pot was criminalized for the wrong reasons and that's been well documented ...

I truly believe it would be legal if there weren't so much money to be made by keeping it illegal -- for many parties.

to assume that all cops think it is immoral to smoke pot or that a percentage of cops don't smoke pot would be as wrong as assuming that none of them drink ...

wherever there's a lot of money to be made there will be corruption ... and the State of Hawai'i has historically been as politically corrupt as any ... does anyone here not realize what a tradition that is here? Why is it such a big deal to have an honest politician as our mayor? Because it's not the norm here ...

back to Green Harvest -- people deserve quality of life in their homes, and protection from the annoyance of ALL low-flying aircraft except in the direct landing paths of airports (and I feel sorry for those folks).

[Kelena]

Yes, sadly they can spy on a home from above, thanks to a Conservative Supreme Court. In Florida v. Riley --http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=488&page=445 --
the Court ruled that a helicopter circling at 400 feet above a residential backyard greenhouse was not engaged in a fourth amendment search at all! Therefore, no probable cause required. The cops had received a hot tip and flew a helicopter within 400 feet of a greenhouse located in the defendant's backyard. The defendant had not properly maintained the greehouse so a couple of panels were missing. The cops circled over it and circled over it and saw marijuana. To their credit, they obtained a warrant based on this information (instead of just rappelling down), and then searched the greehouse. Defendant arrested.

There is probably an outer limit to this. But if they are flying where a helicopter can fly and are within FAA regulations, the defendant will have an uphill battle. If it is highly unusual to see helicopters, then it might be regarded as more invasive, the citizen might be expected to have a greater expectation of privacy and a defendant might have a stronger argument. Perhaps that is why the D.E.A is so desperate to continue these overflights....to establish that pattern. Not sure.

If you get in a jam, don't rely on this. Consult a Hawai'i attorney, and good luck. It's a conservative court. And you know how angry conservatives get when the government gets in their face. Oh, wait. No they don't. Conservatives favor greater government intrusion in to the lives of private citizens.

They got it.

Enjoy your overflights.

Next over your yard: paragliders in uniform.

As for the officers, they are just doing their job and I will presume they are fine people until they prove otherwise.

In a world run by liberals and progressives, they would be reassigned to burglary, larceny, and domestic violence detail.

[Dave M]

I've a question that may have merited a new thread. Does Puna have a medical emergency helicopter? Such as star flight or life flight etc.. I do know that the EMS is run through the Fire Dpt.

If it does then great. If there isn't one, well you can guess where I'm going with it.
Thanks, dave

Blessings,
dave


"Sometimes your the bug and sometimes your the windshield"