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Marijuana Cultivation Case Heads To Georgia Supreme Court


Georgia marijuanaImagine that you are at home, minding your own business, growing safe plants in your basement. Your neighbors have never complained about what you are doing, and you have no prior history with the police. Yet, due to a random auto accident in front of your house, the cops decide on a whim to search your house and find your marijuana plants. You didn’t have anything to do with the crash, yet the cops search your house. As a result, you are arrested. Does that sound fair? Does that sound legal?

Those are questions that are going to be asked in front of the Georgia Supreme Court it sounds like according to the Georgia Care Project. According to the Georgia Care Project:

Though he had committed no crime other than crashing his car, they decided to launch a full scale search with dogs of adjacent properties, even though they had the drivers address a mile away.

Two hours into the search they decided to call it off when, according to police, they heard a branch break in the woods behind Mr. Mitchell’s house 450 feet from the road through heavy woods.

At 1:30 a.m. they then went down Mitchell’s driveway and proceeded to search around his house allegedly because they believed they had “exigent emergency circumstances” to do so.

As they went around the side of the house the dog “pulled away” to Mitchell’s basement door and alerted. They made contact with Mitchell who was mad that police had come on his property with dogs and he refused consent to search. They got a search warrant and found Mitchell was growing marijuana in his basement.

How would this be different than the cops just walking up and down streets with drug dogs and searching any and every house on the block as they saw fit? Privacy is virtual non-existent under those circumstances. I guarantee this isn’t what our Founding Fathers had envisioned when they drafted the Bill of Rights. The article went on to say:

The case went to the Georgia Court of Appeals and in a unanimous decision they ruled the search was NOT legal, violated his clients right to be free from unreasonable searches and that the use of dogs around people’s homes under these types of circumstances was wholly illegal. Mitchell’s conviction was thrown out.

West reported his court victory on his Facebook page saying “Totally kick ass news and another win against illegal police searches of home grown marijuana.”

West received notice days ago that the state is appealing this decision to the Supreme Court of Georgia and are asking them to rule that police acted properly.

I hope the Georgia Supreme Court rules in favor of Mr. Mitchell, and that this matter is put to rest once and for all.


About Author

Johnny Green


  1. If I could get my wife out of this Red Neck Rivera, I would, I’d love to live in Denver Co. or Portland Or, or Seattle Wa, and not only for the weed. I’ve completely given up on Organized Religion living around these mindless Thumpers as they prattle on endlessly about God and Country, no idea when God is coming, and the US was bought and paid for long before I was born. I just wanna burn a fatty without doing 20 years in prison for it.

  2. If they only grew as much Hemp as the Peanut Quotas, they’d be amazed at the revenue, but the Gov did a righteous job of brainwashing people into believing it’s from da Debil.

  3. Bro, I truly wish Hydro was available in Georgia, flying back and forth to more forward thinking states is becoming exceedingly expensive. Georgia will be one of the last states to legalize Pot. Too many Southern Baptist.

  4. I just hope they could distinguish between someone growing marijuana only for their own use and someone growing marijuana so they could sell it.

  5. The attorney in this case is David West (Marietta GA), he is a life time member of NORML.

  6. You can help by donating to groups like Georgia CARE Project, NORML, and MPP. We are working with legislator to introduce reform bills. A few buck will go a long way. Buy a t-shirt and help spread the word. JB

  7. Another case of Big Brother Government and militarized police state tromping on our God Given Rights and hard fought fight to keep these rights. I feel sorry for Mr. Mitchell because this has cost him $$$$$ just because the police showed up and he has had to defend himself and still BBG is trying to break him.

  8. This is complete bull that the supreme court even bothered to hear this case. I mean come on a unanimous decision from the appellete court and they are even gonna open up the possibility of overturning this . I wish we could all pull strings like the D.A. Do.

  9. Jenifer Lee Payne on

    Georgia needs to legalize marijuana,They need to worry more about crack,meth,heroin,molly all that other shit that kills people and makes people kill.

  10. As the president said we have bigger fish to fry. Why waste the great state of Georgia’s tax dollars. That is the real crime that this is even permitted to get to this point in our judicial system. No wonder these idoits don’t care if they shut everything down as long as they are still getting paid. Stop there pay checks and I am sure they will embrace Obamacare whole hartedly. Wake up Georgia it is 2013.

  11. Jenifer Lee Payne on

    I sure hope Georgia gets on board. I live in chronic pain, friends dieing from cancer, friends with all kinds of illnesses that I know cannabis can help with.

  12. If “killing them with kindness” worked we wouldnt need armies.
    They just spread that lie to keep people from organizing.

  13. F georgia, move to Ca or co or Or
    My 2 nephews went to jail for less than 2 joints
    Prohibition goes hand in hand with hypocritical Bible thumpers
    Fill the prisons up with non criminals and pass the bill on to taxpayers.
    You cant fix stupid but you do have to pay for it

  14. I feel everybody’s anger, just not sure what can be done. I myself am serving 2 years probation right now for 8 plants and really pissed about it. Was on my property, not near any schools, no churches, or trying to hide it in some farmer’s corn field. And now that I have to stay clean I have this urge to fight for our rights, ususually someone using is afraid due to harassment which I can go thru now seeing how now I’m already being harassed. I just don’t. Know where to begin.

  15. Five years in Iowa in the mid 1980s. Now you know why I live in Seattle. Stay out of Iowa folks. Its a police state. Their most important export is their children. Theyre just too stupid to figure it out. Sad. Great people back there. They deserve so much better.

  16. Christopher Franko on

    i went to prison in ga over 2 .. DEAD plants. love ga.. nice state really. Lots of religion and no jesus.

  17. You know just once I’d love to roll up on some pigs house and kick the front door in with my weapon drawn with 20 of my crazy assed buddys. you know …. Maybe in the middle of the night like they prefer to do. Throw all their personal effects all over the floor. Ruin their furniture . Handcuff the pig. Beat him brutally my nighstick , (in front of his kids and family) and confiscate whatever I wanted in the name of the law. Pig bastards. Until we start doing these types of things its only going to continue. Hypocrite assholes.
    Do I sound bitter? You bet your sweet ass I am. Its our turn.

  18. SUPREME COURT SAYS OK SUE THE FUCK OUT OF THE COPS. From now one start growing hot peppers with your plants and grind down fine and spead throw out your yard every time your pepper are ready. Dogs nose and hot peppers good mix for bad for them

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