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911 call leads to marijuana discovery in Marshfield



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TIMES ARGUS STAFF - Published: July 10, 2009

MARSHFIELD – State police have cited a Marshfield man for the alleged cultivation and possession of marijuana.

Andrew Tibbittes, 52, was cited for a felony charge of growing marijuana and a misdemeanor charge of possession of marijuana after police received a 911 hangup call from his residence and responded to the area, according to state police trooper Todd Ambroz.

Police received the call late Tuesday night from Tibbittes' residence on Taylor Farm Road, but no one was on the other end of the line, police said.

A dispatcher tried to call back, but kept getting a busy signal, Ambroz said.

State police trooper Daniel Trottier responded to see if there was an emergency, said Ambroz,

Trottier knocked on Tibbittes' door, but no one answered, said Ambroz.

As Trottier walked around the house, he found four marijuana plants growing, police said.

Trottier saw Tibbittes inside the house sleeping and knocked on the door to wake him up and see if there was an emergency, said Ambroze.

Tibbittes woke up, but refused to allow Trottier to search the house. Police got a search warrant and searched the house and found two more marijuana plants, plus marijuana and paraphernalia, they said.

Tibbittes was cited to appear in Vermont District Court in Barre to face the charges on Aug. 27, police said.

Police said there was no emergency and it appears Tibbittes unintentionally dialed 911.







READER COMMENTS


So there is something wrong with the police version right Bennett? Based on what? Is is possible Mr. Green Thumb didn't want to answer the door when he saw the police show up? Maybe he pretended to be asleep and made up a BS story for not answering when they knocked.
-- Posted by P J on Thu, Jul 16, 2009, 4:00 pm EST

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Melissa B you are mistaken. The majority of Vermont criminals are behind bars for violent crimes and because they are multiple offenders.

Had you ever had experience in the criminal justice system you would see this to be true. The police deal with the same people again and again.

True a lot of the people in jail probably have substance use issues as an underlying problem but most are there because they keep messing up or they are a menace and violent.

Nobody goes to jail over a one time bust for possession of pot around here.
-- Posted by P J on Thu, Jul 16, 2009, 3:51 pm EST

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One of the consequences of using a mind-altering substance like MJ is that human being do things that are not in their perceived best interest. Obviously the small-time pot-grower got so stoned he mistakenly dialed 911 for some reason unknown to anyone on the planet (including the stoner), then passed out before help arrived.

The police then tried to determine the nature of the emergency (calling 911 constitutes an emergency request for police or other services) and while doing so found the illegal plants. The stoner had therefore ratted himself out due to the abuse of his drug of choice.

Once the 911-caller was awakened from his deep trance-like state he refused the police entry to his house even though it was he who had called them. The police, having accidentally found the results of illegal activity, applied for and received a warrant to search for more illegal substance, which they found using a legal warrant.

The police did their duty all the way through this mildly amusing tale of drug abuse turned emergency call turned arrest. You pro-pot types always think that the cops are out there just looking for every toker in every nook and cranny. That's one of the many side-effects of illegal drug use: paranoia. Had the whacked-out guy not called 911 the police never would have shown up at his house. He dropped a dime on himself and got what he deserved!
-- Posted by Jest Askin on Wed, Jul 15, 2009, 11:21 am EST

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People have a constitutional right to acquire, possess, protect, transfer and enjoy their property.
property is anything with a money value.

How can government make a law that destroys our Constitutional right to property? Legislative oath, section 16(in part) you do solemnly swear that as a member of the Assembly you will not propose or assent to any bill vote or resolution, which shall appear toyou injurious to the people, no do nor consent to any act or thing whatever that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State...

this state's only reason for raising tax money is for the protection of our rights to the enjoyment of life, liberty and property. VT Constitution Article 9

The legislature and governors who made and support the criminality of pot are criminals, the enemy is from within.

legislative powers chapter 2 section 6 say the General Assembly has no power to make law that will "add to, alter, abolish or infringe any part of this Constitution."

We are being made subservient to the selfserving politicians that are holding the seats of government.

Obey your government!
-- Posted by Bill Brueckner on Wed, Jul 15, 2009, 5:36 am EST

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"...the officer clearly had no permission to enter the property. No exigent circumstances existed. No one was screaming. No sign of any problem."

The persmission was granted when 911 received a call from the line. Just because it wasn't obvious that someone may be hurt when the officer arrived doesn't mean it couldnt' have been the case. It is the officer's duty to make sure there really wasn't an emergency, which is what he did.

If you don't want to get caught, don't do anything illegal! And if you do, and you get caught, put your big girl panties on and deal with it :-)
-- Posted by Wouldn't you like to know on Tue, Jul 14, 2009, 12:16 pm EST

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A high majority of prisoners are for misdemeanors like this skybar, that's the basis of my comment. The violent felons are let out to attend classes on how to behave.. see: Vermont Treatment Program for Sexual Abusers
-- Posted by Melissa B. on Tue, Jul 14, 2009, 9:40 am EST

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I don't understand why people are questioning what the trooper did as wrong. If you feel marijuana should be legal, complain to your elected representative, don't critize the police for doing their job. The trooper responded to a legitimate emergency call, which gave him every right to be on the property and investigate. During the investigation of the original call, the trooper discovered some marijuana plants. These plants are consistered a controlled substance by the legislature, not the police. The police are tasked with enforceing the law. When the trooper requested to search the rest of the property, and was denied, he then got a warrant. Like he was supposed to according to the U.S. and VT constitutions...joyce

Bennet you are reading a two paragraph summary of events...it sounds fishy to you? wake up and smell the coffee, not all the info is there. Don't jump to conclusions...like the trooper planted the plants in the back yard while "snooping aroubnd" and then also happend to find two more, which I am sure were planted (pardon the pun) by the police. Let me guess, because the trooper needed to meet his quota right?

Melissa, The defendant hasn't been sent to jail, and I highly doubt he ever will be over this particular incident....your comment is lacking a basis
-- Posted by skybar None on Tue, Jul 14, 2009, 3:26 am EST

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Ditto: 6 whole plants, how stupid. Shouldn't have been on his property to begin with I also agree.
-- Posted by montpelier28 on Sun, Jul 12, 2009, 9:03 pm EST

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No, OM, it helps you see... You must have been baked and misunderstood ;-)
-- Posted by John R. on Sun, Jul 12, 2009, 12:57 pm EST

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On the backside of church walls only oldeman :)
-- Posted by Melissa B. on Sat, Jul 11, 2009, 6:06 pm EST

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Does marijuana help you pee??

..
-- Posted by Olde Man on Sat, Jul 11, 2009, 5:41 pm EST

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People,

Reading this article a couple of more times, something sounds fishy. Are the police saying that this guy dialed 911, and then fell asleep in the time it took them to reach his house (5 to 15 minutes)? And he was SO ASLEEP, he didn't hear them knocking? But AFTER entering the house, knocking DID wake him up?

There's something wrong with the police version of this story...

.
-- Posted by Bennett Shapiro on Sat, Jul 11, 2009, 2:10 pm EST

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Maybe he was really stoned when he called 911.. Maybe it was a bad batch of Mary Jane..Maybe he was just sleep walking..Maybe he shouldnt had 911 programmed into his phone if he had something illegal on his property. Yes the police have the right to go onto his property to investigate a 911 call! Everyone would be complaining if their was an emergency and this trooper left and someone was really hurt. Cant have it both ways.
-- Posted by John Lamson on Sat, Jul 11, 2009, 12:01 pm EST

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Police have every right to go on the property.

They were responding to a dropped 911 call, and had reason to investigate to determine if someone was in need of assistance. In their response, they discovered illegal activity--growing marijuana plants. When the owner of the home refused to allow a search, the DID get a search warrant, which led to the additional marijuana plants.
-- Posted by None None on Sat, Jul 11, 2009, 8:32 am EST

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I don't know the specifics on the police entering the home so its difficult for me to comment on the legality of that, but 6 plants. This guy is obviously an international Kingpin of crime. They should probably give him the chair.

"Illegal is illegal that's like saying the drunk guy only drove a mile down the road. You can't minimize things it sends the wrong message."

None None- The question is, do we want government interfering in people's lives when the crime is victimless. Drunk driving isn't victimless. Growing yourself some pot, is. If he smoked a lot, and then drove his vehicle while impaired, you'd have a valid argument. As it is, this guy put no one in danger, your argument is invalid, and your point is moot.
.
-- Posted by Bennett Shapiro on Sat, Jul 11, 2009, 12:09 am EST

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Sorry Walt, but the officer clearly had no permission to enter the property. No exigent circumstances existed. No one was screaming. No sign of any problem. So the cop takes out his flashlight, goes to the back, gets on his hands and knees and starts studying the vegetation. Yeah, sure sounds like he was worried about a wounded victim. Right....

He had no warrant when he was looking in the backyard. The illegal search lead to his further search of the home. So all the evidence is tainted. Anything the officer discovered from the second search was fruit of the poisionous tree (can't be used as evidence). Although Russia and Cuba allow the police to enter come onto your property anytime they want, the United States has a Constitution that prevents police from unreasonable searches.
-- Posted by James Joyce on Fri, Jul 10, 2009, 10:50 pm EST

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"And they got 6 whole plants (shudder!!)" Illegal is illegal that's like saying the drunk guy only drove a mile down the road. You can't minimize things it sends the wrong message. And I am glad the officer did check around, there could have been an injured person out back calling on a cordless phone. It was just Andy's bad luck he came across the plants. Don't do something illegal unless you are prepared to get caught.
-- Posted by None None on Fri, Jul 10, 2009, 4:10 pm EST

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Put all the pot smokers in jail and let the pedophiles run free!!! Something wrong with the priorities ya think?
-- Posted by Melissa B. on Fri, Jul 10, 2009, 11:27 am EST

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This is borderline harassment and downright silly. This guy had a few pot plants, for obviously, personal use, and the Vt. State Police waste valuable time, money and resources to haul this guy to justice. For what!? Is the means truly worth the effort here? The only thing that got accomplished was the foolish state trooper puffing out his chest believing that he just busting the drug cartel in Marshfield. I don't smoke pot, but certainly think that if an adult chooses to do so in moderation, much like alcohol, that should be his legal prerogative.
-- Posted by John Doe on Fri, Jul 10, 2009, 10:50 am EST

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The police were responding to a 911 call. They certainly were justified in looking around the home because there could have been foul play or someone might have been in danger.

If the did not "snoop" as JJ so prejudicially calls it, and someone had been in peril, those same pro-marijuana critics would be faulting the police for not doing enough.

A search warrant on a 911 call? How ludicrous. And 6 plants could have been 60 or 600. Pretty obvious the commenters on this one dont appreciate public safety and take pleasure in criticizing those who protect us from all dangers, both large and small.
-- Posted by walt aims right on Fri, Jul 10, 2009, 10:44 am EST

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It used to be in America that police needed a search warrant before they started snooping around your yard.
-- Posted by James Joyce on Fri, Jul 10, 2009, 7:30 am EST

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WOW!! There's some great police work for ya!! And they got 6 whole plants (shudder!!) A real drug king that one... I know I feel safer in my bed at night now.
-- Posted by AJ None on Fri, Jul 10, 2009, 6:22 am EST

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