The police found cannabis stems in my trash, only 2 of them which were 1 to 2 inches in length. They got a search warrant based on that and busted my door down. That only shows I had/used a small amount of cannabis, which is a civil offense in Maryland as of 2014. How can they get a search warrant to bust my door down on the findings of what was a civil offense with a fine up to like 100 dollars? Isnt getting a speeding ticket a civil offense? How is it any different than just a ticket for speeding? Does that mean everyone who may smoke cannabis will get their door kicked down if the police think you are holding a lot of cannabis or selling it or growing it? All they found was 2 small stems, how does that give them the right to basically break into my house?
I suspect someone must believe that you are growing marijuana. Marijuana is still considered contraband, and as such, could and obviously did constitute probable cause by the judge who signed off on the search warrant.
Additionally, there has to be more to the facts of your case. Why were the police rummaging through your trash in the first place?
I would advise that you schedule a consultation with an attorney to review your case as it may be more complicated than you suspect. If you cannot afford a private attorney you should contact the public defender's office in the county where you must appear for court.
The lawyer you hire to defend whatever it is you were charged with will review all the state's evidence, including the warrant and application for the warrant with the sworn statements of probable cause, and all other information surrounding why they went through your garbage, whether they had to enter your land or property to go through your garbage, and can decide how best to argue whether the few lengths of stems they found along with all other info they had on you was sufficient to support the search warrant. Obviously, with the few facts you have provided, there is no way to evaluate the strength of a motion to suppress or its likelihood of success. However, you need to prepare your case for the possibility that your motion to suppress may get denied. This is the kind of discussion you need to have with your lawyer in private, not on an open public forum accessible by law enforcement.
In order for police to get that search warrant, the judge who signed it had to be convinced that it was proper to do so. That does not necessarily mean that the police and the judge were correct in their thinking. A problem I see for you, however, is that they found "stems" of cannabis in your trash. Also, I can assure you that the police probably presented other allegedly incriminating evidence or information about you and your abode to the judge, as well. Good luck to you.
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