If they could see something suspicious, possibly illegal, through a window, from passing by, no warrant is needed.
Plain sight search
In Texas, if an officer is in a public place, like a roadway, and he observes illegal, or possible illegal activity. He can enter a residence to protect the citizen from harm, or to prevent the citizen from destroying evidence. Once the citizen is safe, or the evidence secured, then they will get a warrant to search the rest of the house.
Lights aren't illegal, so unless they can see actual pot plants through the window, no they do not have probable cause. I guess I'm glad I'm in farm country, so starting seedlings under grow lights in the spring isn't something odd. Always insist on a warrant. Some cops need to be reminded that we have a constitution that limits searches.
dulac,
i hoestly dont know what i would do if the police wanted to see my grow area, on the one hand i like the idea of excercising my rights... but on the other hand with warrent in hand i would imagine they would be alot more intrusive even if it were evident immediatly that the area in question was completely legal.
i dont know why i have not been visited yet...befor i had a tent, i had a 600w hps running with just window blinds and curtain infront of the window... needles to day the whole window glowed like the sun. that part of the house is not behind the fence however, so maby someone stoped by for a peek before informing the police.
You can observe "possible illegal activity" everywhere you look. If you see a guy walking down the street, it's possible that he has a crack pipe in his pocket. That seems like a very lax interpretation, to say the least. I'm sure the courts would want some more specific and less ambiguous reason.
To see an example of a cop who needs to be reminded of this, just scroll up a little. Everyone's guilty until proven innocent, just go ahead and waive your constitutional protection, armac needs to rummage through your private property to make sure you're not a criminal. He's here to "help."