The affidavit is public information. The search Warrant was requested because the affiant allegedly saw 4 cannabis plants behind the defendants 6’ fence inside a greenhouse. Under Virginia Code Section 4.1-1121, any civil penalty “SHALL” be charged by summons, not a search warrant. The code section goes on to say it “SHALL” be issued as a summons using the same uniform as a motor vehicle code violation. The affiant swore under oath that there were more than 4 plants; dare I say perjured. The fact is there were only the legal 4 plants. Even if the defendant had more than 4 plants it would still be merely a civil violation falling under 4.1-1101. This is clearly judicial misconduct, police misconduct and perjury. Reply
I agree Patrick. There has to be a stop to the law doing whatever they want to and not be punished the same as a person breaking the law. This happens all the time I’m sure and enough is enough… Reply