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Anonymous #1

Apartments and Legality of entrance
    #13174936 - 09/10/10 11:56 AM (13 years, 8 months ago)

Question - I live in a apartment currently in Ontario and grow some mushies for personal use. They are hidden in a cupboard and according to ontario tenant law the supervisor cannot enter unless 24 hours notice is given (But they have entered before to show it off to another potential tenant as it was the same size, when I was not home. While I was pissed and threatened to report them the fact is that they did it once so they could do it again). Anyways lets say they opened it without notice or permission, and noticed the shrooms and called the cops.

- Can the cops get a warrant, even though the supervisor entered illegally, since its a bigger crime? (Does the end justify the means thing legal)?

- Is any testimony from the supervisor admissible in court?

I have considered changing the lock on my door but that is also kind of illegal as well and adding a deadlock doesn't help me any if I am away.

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OfflineCountry1
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Re: Apartments and Legality of entrance [Re: Anonymous #1]
    #13174960 - 09/10/10 12:00 PM (13 years, 8 months ago)

If they fail to provide 24 hours notice they cannot use that evidence. What actually happens is a different story, cops really do as they please. Did she see the grow or is this a precaution? Under the law they will still take the grow but should not be able to charge you. If your worried call a lawyer and ask him the laws.

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Anonymous #1

Re: Apartments and Legality of entrance [Re: Country1]
    #13174967 - 09/10/10 12:02 PM (13 years, 8 months ago)

Just a precaution at the moment but its been nagging me cause I grow enough mushies to have, if found and since the cops don't dry them when they consider the charge, possesion with intent to sell as well as manufacturing.

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InvisibleDoc_T
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Re: Apartments and Legality of entrance [Re: Anonymous #1]
    #13175001 - 09/10/10 12:09 PM (13 years, 8 months ago)

Canadian law is likely to be lot different than US law, so most of us probably aren't going to be much help.


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OfflineAlan RockefellerM
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Re: Apartments and Legality of entrance [Re: Doc_T]
    #13175362 - 09/10/10 01:44 PM (13 years, 8 months ago)

Quote:

Anonymous said:
- Can the cops get a warrant, even though the supervisor entered illegally, since its a bigger crime? (Does the end justify the means thing legal)?




In the US and probably Canada too, they can get a warrant based on the landlords testimony, even if its not a bigger crime.

Quote:

- Is any testimony from the supervisor admissible in court?




Yes.  In the US, the 4th ammendment protects citizens against police misconduct, not against landlord misconduct.

Quote:

I have considered changing the lock on my door but that is also kind of illegal as well and adding a deadlock doesn't help me any if I am away.




Grow in a large locked box that you own, like a chest or other locking furniture.

Quote:

Country1 said:
If they fail to provide 24 hours notice they cannot use that evidence.




Not true, see above.

Quote:

Doc_T said:
Canadian law is likely to be lot different than US law, so most of us probably aren't going to be much help.




Its a little different, but very similar since it is based on the same principles.  Different precedents and law wording though.  Other countries are completely different, for example Mexico is based on Spanish law.

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Anonymous #1

Re: Apartments and Legality of entrance [Re: Alan Rockefeller]
    #13175536 - 09/10/10 02:24 PM (13 years, 8 months ago)

Thanks I kind of figured that but I thought I would ask anyways.
I don't have a wooden chest that big, I could purchase one or would it work to put in a closet and place a lock on the door?

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Invisiblejohnm214
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Re: Apartments and Legality of entrance [Re: Doc_T]
    #13175596 - 09/10/10 02:39 PM (13 years, 8 months ago)

Quote:

Country1 said:
If they fail to provide 24 hours notice they cannot use that evidence.





Bullcrap. 

Here's a question that should reveal your problem:  Who does the 24 hour law apply to?  Who is entering the items into evidence? 

Regardless, i guarentee the 24 hour statute, if it even is one, has nothing to say about evidence or whatever in criminal cases.


Allen nailed it.

Quote:

Doc_T said:
Canadian law is likely to be lot different than US law, so most of us probably aren't going to be much help.




They're both commonlaw systems and are very similar.  The differences will be in the particulars of the law.

As a rule, Canadian law seems to excuse a lot more police misconduct and illegality in the admission of evidence than does the US.

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Invisibleluvdemshrooms
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Re: Apartments and Legality of entrance [Re: Alan Rockefeller]
    #13175614 - 09/10/10 02:43 PM (13 years, 8 months ago)

Quote:

Country1 said:
If they fail to provide 24 hours notice they cannot use that evidence.




Nonsense.

I am a landlord (in the US). If I go into an apartment for any reason, with or without notice, any information I give to the police is valid information as long as I am not acting on their behalf.



Quote:

Alan Rockefeller said:
Quote:

Anonymous said:
- Can the cops get a warrant, even though the supervisor entered illegally, since its a bigger crime? (Does the end justify the means thing legal)?




In the US and probably Canada too, they can get a warrant based on the landlords testimony, even if its not a bigger crime. Exactly.

Quote:

- Is any testimony from the supervisor admissible in court?




Yes.  In the US, the 4th ammendment protects citizens against police misconduct, not against landlord misconduct. Exactly.

Quote:

I have considered changing the lock on my door but that is also kind of illegal as well and adding a deadlock doesn't help me any if I am away.




Grow in a large locked box that you own, like a chest or other locking furniture. Exactly.

Quote:

Country1 said:
If they fail to provide 24 hours notice they cannot use that evidence.




Not true, see above. Yes. See above.

Quote:

Doc_T said:
Canadian law is likely to be lot different than US law, so most of us probably aren't going to be much help.




Its a little different, but very similar since it is based on the same principles.  Different precedents and law wording though.  Other countries are completely different, for example Mexico is based on Spanish law.  I have nothing to add here but I was on a roll.




--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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OfflineAlan RockefellerM
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Re: Apartments and Legality of entrance [Re: Anonymous #1]
    #13181106 - 09/11/10 05:30 PM (13 years, 8 months ago)

Quote:

Anonymous said:
I don't have a wooden chest that big, I could purchase one or would it work to put in a closet and place a lock on the door?





It would be much better to buy a chest or install a lock on a piece of furniture you own.

The reason is that if a toilet overflows or there is an electrical problem above your closet, they might cut the lock off and go in anyway.  If its your own furniture they would just move it if something like that happened.

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Offlinetusca
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Re: Apartments and Legality of entrance [Re: Alan Rockefeller]
    #13199164 - 09/15/10 12:29 PM (13 years, 8 months ago)

This website and thread might help you out.

http://www.ontariolandlord.ca/forum/viewtopic.php?f=5&t=618


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