# If a cop illegally spots marijuana growing in a house, can he get a warrant? **URL:** \ **Category:** Factual Questions\ **Created:** [December 24, 2008, 6:13am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516 "2008-12-24T06:13:03Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![diggleblop](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@diggleblop](https://boards.straightdope.com/u/diggleblop)\ **Post date:** [December 24, 2008, 6:13am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/1 "2008-12-24T06:13:03Z")
Ok, your neighbor lives 300 yards through the woods (it’s a straight shot and there aren’t many trees) and he is into astrology, he is also a major narcotics cop in your county. He takes his telescope one night and aims it over at your house and all of a sudden, he sees ten to twenty suspected pot plants growing and you hitting a bong on the couch in your home. He goes into work the next morning and wants to get a warrant to raid your pad. What would take place? Would he get one? Would he have to lie to get a warrant? What are the laws regarding a cop “accidentally” obtaining information that can be held against you? I’m sure he would lie and say an informant bought weed from you or something. I would also guess that they would be the same as if he legally took a look in your windows and got a warrant, but I wanted to know for sure. What if he were an honest cop and told the judge how he found the plants? Thanks. ---
**Author:** ![JKilez](https://avatars.discourse-cdn.com/v4/letter/j/e5b9ba/32.png) [@JKilez](https://boards.straightdope.com/u/JKilez)\ **Post date:** [December 24, 2008, 6:18am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/2 "2008-12-24T06:18:04Z")
Why would spotting 20 plants that are in plain sight (telescope or not) be illegal? ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [December 24, 2008, 6:32am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/3 "2008-12-24T06:32:16Z")
> [@diggleblop](#): > > Ok, your neighbor lives 300 yards through the woods (it’s a straight shot and there aren’t many trees) and he is into astrology, he is also a major narcotics cop in your county. What if he were an honest cop and told the judge how he found the plants? Well, I think the problem would lie in whether or not he actually told the judge that he new that you were growing pot because he read it in his horoscope. I’m pretty sure that no judge would be persuaded to issue a warrant strictly on that basis. ---
**Author:** ![buttonjockey308](https://avatars.discourse-cdn.com/v4/letter/b/bcef8e/32.png) [@buttonjockey308](https://boards.straightdope.com/u/buttonjockey308)\ **Post date:** [December 24, 2008, 6:36am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/4 "2008-12-24T06:36:15Z")
> [@JKilez](#): > > Why would spotting 20 plants that are in plain sight (telescope or not) be illegal? Depending on the jurisdiction, it wouldn’t. ---
**Author:** ![Suburban\_Plankton](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/suburban_plankton/32/219_2.png) [@Suburban\_Plankton](https://boards.straightdope.com/u/Suburban_Plankton)\ **Post date:** [December 24, 2008, 6:37am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/5 "2008-12-24T06:37:55Z")
> [@Washoe](#): > > Well, I think the problem would lie in whether or not he actually told the judge that he new that you were growing pot because he read it in his horoscope. I’m pretty sure that no judge would be persuaded to issue a warrant strictly on that basis. I don’t see the problem here. He was ‘stargazing’, and in the process of aiming his telescope, he spotted the plants in question. If the plants were in such a location as to be visible from several hundreds of yards away, I don’t think he’s going to have a problem securing a warrant. ---
**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\ **Post date:** [December 24, 2008, 6:45am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/6 "2008-12-24T06:45:57Z")
The Supreme Court held in _Kyllo v United States_ that the use of thermal imaging to detect abnormal heat in a suspect’s house was an unreasonable search and violated the fourth amendment. Cite [KYLLO V. UNITED STATES](http://www.law.cornell.edu/supct/html/99-8508.ZS.html) However the ruling hinged on the technology not being publicly available, clearly telescopes are widely available. I’d suspect the cop could be forthright in his affidavit and still get the warrant. ---
**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\ **Post date:** [December 24, 2008, 6:54am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/7 "2008-12-24T06:54:38Z")
> [@diggleblop](#): > > What would take place? Would he get one? Would he have to lie to get a warrant? What are the laws regarding a cop “accidentally” obtaining information that can be held against you? IANAL and my fire investigation class was long ago but… Generally speaking if he saw the illegal material or activity while standing somewhere/doing something he is allowed to do it would be admissible. Example, he knocks on your front door, you open it, and behind you are a dozen 6’ tall marijuana plants. He does not need a warrant, he was on the porch, you opened the door, they are in plain view. If telescopes count as circumventing plain view I do not know…paging **Bricker** ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [December 24, 2008, 6:57am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/8 "2008-12-24T06:57:24Z")
> [@Suburban\_Plankton](#): > > I don’t see the problem here. He was ‘stargazing’, and in the process of aiming his telescope, he spotted the plants in question. You’re very adept at seeing both sides of an argument, but are still quick to point out the fallacies inherent in other people’s ways of thinking. You are proud of your critical thinking ability, but rarely show it for fear of social ostracism. You must be a Taurus. Good things will happen to you this month, dear Taurus, if you keep an open mind and try not to step directly in front of speeding Metro buses. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [December 24, 2008, 7:16am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/9 "2008-12-24T07:16:54Z")
> [@drachillix](#): > > paging **Bricker** **Bricker** must get pissed when people page him despite the relevant cite being posted directly above the paging post. ETA: **Washoe** , I’m laughing on the inside. ---
**Author:** ![DWMarch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dwmarch/32/1010_2.png) [@DWMarch](https://boards.straightdope.com/u/DWMarch)\ **Post date:** [December 24, 2008, 7:25am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/10 "2008-12-24T07:25:39Z")
In Canada, yes they can for all the good it does them: > **[Mayerthorpe tragedy](https://en.wikipedia.org/wiki/Mayerthorpe_Incident)** > > The Mayerthorpe tragedy occurred on March 3, 2005, on the farm of James Roszko, approximately 11 km (6.8 mi) north of Rochfort Bridge near the town of Mayerthorpe in the Canadian province of Alberta. > Roszko shot and killed four Royal Canadian Mounted Police (RCMP) constables: Anthony Gordon, Lionide "Leo" Johnston, Brock Myrol and Peter Schiemann. He then committed suicide. The attack occurred as the officers were executing a search warrant for stolen property and a marijuana-growing operation o... (For those in the TLDR crowd basically a nutcase killed the four mounties he found prowling around his property despite their warrant.) ---
**Author:** ![neutron\_star](https://avatars.discourse-cdn.com/v4/letter/n/51bf81/32.png) [@neutron\_star](https://boards.straightdope.com/u/neutron_star)\ **Post date:** [December 24, 2008, 7:27am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/11 "2008-12-24T07:27:11Z")
> [@Richard\_Parker](#): > > **Bricker** must get pissed when people page him despite the relevant cite being posted directly above the paging post. 😕 That cite concerned thermal imaging, not telescopes. While relevant to the question at hand, it is not the answer to that question. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [December 24, 2008, 7:35am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/12 "2008-12-24T07:35:08Z")
> [@neutron\_star](#): > > 😕 > That cite concerned thermal imaging, not telescopes. While relevant to the question at hand, it is not the answer to that question. The cite contained the relevant legal rule–public availability of the technology–as explained by the poster who linked it. It is in fact the exact answer to the question. ---
**Author:** ![neutron\_star](https://avatars.discourse-cdn.com/v4/letter/n/51bf81/32.png) [@neutron\_star](https://boards.straightdope.com/u/neutron_star)\ **Post date:** [December 24, 2008, 8:32am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/13 "2008-12-24T08:32:45Z")
[Yeah, but…](http://metersuperstore.com/Merchant2/merchant.mvc?Screen=PROD&Store_Code=F&Product_Code=374TI25&Category_Code=&Search=fluke+ti25&Search_Type=AND&Offset=0&gclid=CKyMs9br2JcCFQsh3godjQW4DA) ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [December 24, 2008, 10:01am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/14 "2008-12-24T10:01:50Z")
You’re going to have to be more explicit in the point you’re making **neutron star**. I think you’re essentially making the point made by the dissent, but I’m not sure why you’re doing so since the dissent does a pretty good job of it. To wit: > [@](#): > > The record describes a device that numbers close to a thousand manufactured units; that has a predecessor numbering in the neighborhood of 4,000 to 5,000 units; that competes with a similar product numbering from 5,000 to 6,000 units; and that is “readily available to the public” for commercial, personal, or law enforcement purposes, and is just an 800-number away from being rented from “half a dozen national companies” by anyone who wants one. App. 18. Since, by virtue of the Court’s new rule, the issue is one of first impression, perhaps it should order an evidentiary hearing to determine whether these facts suffice to establish “general public use.” ---
**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\ **Post date:** [December 24, 2008, 11:12am UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/15 "2008-12-24T11:12:15Z")
> [@Washoe](#): > > Well, I think the problem would lie in whether or not he actually told the judge that he new that you were growing pot because he read it in his horoscope. :D…well played. ---
**Author:** ![Sparky812](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@Sparky812](https://boards.straightdope.com/u/Sparky812)\ **Post date:** [December 24, 2008, 1:17pm UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/16 "2008-12-24T13:17:17Z")
> [@](#): > > He goes into work the next morning and wants to get a warrant to raid your pad. It is possible that the cop may not need a warrant or they might be able to obtain a warrant immediately. It all depends on the Fourth Amendment… > [@](#): > > The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon **probable cause** , supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. …and then how probable cause and reasonable suspicion are in defined in that jurisdiction or interpreted by the cop and/or the preciding judge. Prior history also influences reasonable suspicion. ``` In the situation you're describing, the cop's behavior is not illegal or a violation on your privacy since the criminal activity in question is in plain view. A judge may decide the search is inadmissible in court, and a violation of your Fourth Amendment rights if they deem there was insufficient probable cause or reasonable suspicion. Although, I wouldn't bet on this eventuality. ``` BTW any neighbour walking their dog, a person walking by, kids playing, etc. could report what they see and the warrant could be issued, without predudice. ---
**Author:** ![Miss\_Violaceous](https://avatars.discourse-cdn.com/v4/letter/m/2bfe46/32.png) [@Miss\_Violaceous](https://boards.straightdope.com/u/Miss_Violaceous)\ **Post date:** [December 24, 2008, 1:27pm UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/17 "2008-12-24T13:27:15Z")
> [@IAmNotSpartacus](#): > > The Supreme Court held in _Kyllo v United States_ that the use of thermal imaging to detect abnormal heat in a suspect’s house was an unreasonable search and violated the fourth amendment. Cite [KYLLO V. UNITED STATES](http://www.law.cornell.edu/supct/html/99-8508.ZS.html) > > However the ruling hinged on the technology not being publicly available, clearly telescopes are widely available. I’d suspect the cop could be forthright in his affidavit and still get the warrant. IIAL and I agree with this assessment. ---
**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\ **Post date:** [December 24, 2008, 1:35pm UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/18 "2008-12-24T13:35:12Z")
> [@Richard\_Parker](#): > > **Bricker** must get pissed when people page him despite the relevant cite being posted directly above the paging post. > > ETA: **Washoe** , I’m laughing on the inside. Not like I’m the first person to be interrupted mid post 😃 ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [December 24, 2008, 3:04pm UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/19 "2008-12-24T15:04:16Z")
First off, as posed in the OP, I do not think the officer would require a warrant. This sounds like “plain view” in which case the officer can go in and seize the marijuana and arrest the pot head. Wiki cites the following although I cannot find support for #2: > [@](#): > > For the plain view doctrine to apply for discoveries, three criteria must be met: > > 1. the officer is where he has a legal right to be, > 2. ordinary senses must not be enhanced by advanced technology, and > 3. any discovery must be by chance. > > In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. > > SOURCE: [Plain view doctrine - Wikipedia](http://en.wikipedia.org/wiki/Plain_view_doctrine) As a citizen I have to say the notion allowing the police to essentially peer in my windows disconcerting. The “inadvertent” requirement was tossed in _Horton v. California_ so as long as the police are legally wherever they are they can peek in my windows and bust me? Using binoculars or a telescope? Scary… ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [December 24, 2008, 3:20pm UTC](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516/20 "2008-12-24T15:20:51Z")
> [@Whack-a-Mole](#): > > First off, as posed in the OP, I do not think the officer would require a warrant. This sounds like “plain view” in which case the officer can go in and seize the marijuana and arrest the pot head. Little old lady calls the cops. “A man is exposing himself in the next building! He’s in plain view!” Cop arrives and says, “I don’t see anything.” “You can see better if you stand on this chair and use these binoculars!” [Next page](https://boards.straightdope.com/t/if-a-cop-illegally-spots-marijuana-growing-in-a-house-can-he-get-a-warrant/478516.md?page=2)