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InvisibleMykro_Guy
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Registered: 05/08/04
Posts: 317
IS THIS SEARCH LEGAL
    #3191666 - 09/28/04 03:39 PM (12 years, 2 months ago)

i was just watching COPS the tv show and its been bothering me... well what happend was that they where 2 guys sharing an apartment with each other and both had thier own room. one of the guys called the cops on his roomate becasue "he saw cocain and pipes and such"

so the cops came to the door and the guy who made the call let them in. then the fuzz knocked on the door inside the apartment of the guy who was in there resting who supposidly had drugs. when asked about it he said no i dont have any drugs in here bla bla bla but the cops found a razor and tested it for coke and a pipe and both tested for coke so they arrest him for possison. somthing seems wrong to me about this.. is there anythong he could have done said to not have let that happen. if theyre allowed in the house by the room mate does that mean they can search the whole house?


Edited by Mykro_Guy (09/28/04 03:47 PM)


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InvisibleInnvertigo
Vote Libertarian!!
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Registered: 02/09/01
Posts: 16,296
Loc: Crackerville, Michigan U...
Re: is this seach legal [Re: Mykro_Guy]
    #3191694 - 09/28/04 03:46 PM (12 years, 2 months ago)

Sounds legal to me (like it or not), too bad the guy was a snitch.


--------------------

America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


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OfflineMrBump
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Registered: 10/01/02
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Re: is this seach legal [Re: Innvertigo]
    #3192185 - 09/28/04 05:52 PM (12 years, 2 months ago)

legal: the roommate/fucking NARC tipped off the cops to exactly what room the drugs would be found, the cops could have gotten a warrant just to search that room based on the roommates' tipoff.


--------------------
If it weren't for the bloody corpses, I wouldn't have any corpses at all.

There are two ways to get to the top of an oak tree: start climbing or sit on an acorn.

Are you a carrot, an egg, or a coffee bean?


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Anonymous

Re: IS THIS SEARCH LEGAL [Re: Mykro_Guy]
    #3192367 - 09/28/04 07:16 PM (12 years, 2 months ago)

sounds to me like since they both rented the apartment, either of them could consent to a search of any part of the apartment, including the room of the other person.

if the cops were let into the apartment by one of the tenants, and saw paraphernalia in plain view, that's all it takes.


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OfflineTao
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Registered: 09/19/03
Posts: 7,935
Loc: San Diego
Last seen: 1 year, 5 months
Re: IS THIS SEARCH LEGAL [Re: Mykro_Guy]
    #3192432 - 09/28/04 07:30 PM (12 years, 2 months ago)

that roommate better fuckin watch his back though...:shiftyeyes:


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OfflinePhluck
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Re: IS THIS SEARCH LEGAL [Re: Tao]
    #3192624 - 09/28/04 08:06 PM (12 years, 2 months ago)

Depends, what if you meet up with an old friend who used to be a crackhead. He's given it up, and working on pulling his life together. You agree to sublet half the place to him as long as he stays away from the crack. You come home one night and find him smoking crack in his room, and tell him to move out by tomorrow. He says "fuck you, you can't evict me on one day's notice, I'm staying".

Is it okay to call the cops on him then?


--------------------
"I have no valid complaint against hustlers. No rational bitch. But the act of selling is repulsive to me. I harbor a secret urge to whack a salesman in the face, crack his teeth and put red bumps around his eyes." -Hunter S Thompson
http://phluck.is-after.us


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OfflineTao
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Registered: 09/19/03
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Re: IS THIS SEARCH LEGAL [Re: Phluck]
    #3192757 - 09/28/04 08:27 PM (12 years, 2 months ago)

at least call the landlord first, not the fucking cops and their fucked up mandatory minimums. christ your on a drug politics message board, would you really support the police in their drug-enforcement effort?!

but anyway, that wasn't my point, my only point was that the roommate better watch his back when that cokehead gets out of jail. my friend who got snitched on and set up for selling weed would pummel that fucker if he ever found him.


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Offlinehound
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Registered: 09/08/04
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Re: IS THIS SEARCH LEGAL [Re: Phluck]
    #3192822 - 09/28/04 08:36 PM (12 years, 2 months ago)

Quote:

Phluck said:
He says "fuck you, you can't evict me on one day's notice, I'm staying".

Is it okay to call the cops on him then?




I wouldn't call the cops unless I had the power to evict him and he refused to leave anyway. But I wouldn't bring up the drugs, I would just tell the cops his lease has expired and to get him out of here.


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InvisibleMykro_Guy
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Re: IS THIS SEARCH LEGAL [Re: hound]
    #3193446 - 09/29/04 12:37 AM (12 years, 2 months ago)

yea i jsut though that if you had your own room and there wasnt any drugs in plain sight you would need to give them consent or have the bring a warrant to check your shit


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OfflineAhronZombi
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Registered: 04/06/04
Posts: 1,265
Loc: NY
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Re: IS THIS SEARCH LEGAL [Re: Mykro_Guy]
    #3193540 - 09/29/04 12:51 AM (12 years, 2 months ago)

if that sounds bad listen to this. the secrete service searched my apartment w/o even asking just because they didnt like my website


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Offlineunbeliever
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Re: IS THIS SEARCH LEGAL [Re: Mykro_Guy]
    #3193568 - 09/29/04 12:55 AM (12 years, 2 months ago)

If you have someone you co-op or sub-lease to, you do not have the right to provide consent to a warrantless search of any place where they have an expectation of privacy. Period. If the police had a warrant based on information provided by the room mate, that's a different matter though a good lawyer may be able to wriggle their client off that hook.


--------------------
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OfflineMrBump
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Re: IS THIS SEARCH LEGAL [Re: unbeliever]
    #3193912 - 09/29/04 02:06 AM (12 years, 2 months ago)

Meh, i must admit that i was wrong...
unbeliever is technically right:

Can my roommate-or my landlord-give the police permission to search my apartment?
The police may search your apartment if the person in charge of the premises gives permission. If you and your roommate share common areas (such as the kitchen and living room), your roommate can authorize a search of those areas. But your roommate cannot give permission to search your separate bedroom.

Similarly, your landlord cannot give permission to search your apartment. Although the landlord owns the property, your monthly check guarantees your privacy at home. This is true even if you are behind in your rent or your landlord has sued to evict you. Until the landlord has a court order that permits him to enter and retake the premises, he cannot enter without your permission. (But keep in mind that many states allow a landlord to enter for inspections, which usually require advance notice of a day or two.) If the police can point to circumstances that would justify immediate entry, however -- such as the sound of a ferocious fight or the smell of burning marijuana -- they may enter without permission from anyone.

Also, the police are generally justified in extending a search without a warrant if they believe it will prevent the distruction of evidence...

I guess the best thing the guy with the drugs coulda done was to not consent to a warrantless search, from your post it sounds like the cops knocked on the door and he eventually allowed them to look in his room when he didnt have too.

either way, this crackhead's got a public defender, so he's not getting outta anything... :smirk:


--------------------
If it weren't for the bloody corpses, I wouldn't have any corpses at all.

There are two ways to get to the top of an oak tree: start climbing or sit on an acorn.

Are you a carrot, an egg, or a coffee bean?


Edited by MrBump (09/29/04 02:08 AM)


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Invisibleluvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 33,723
Loc: Lost In Space
Re: IS THIS SEARCH LEGAL [Re: MrBump]
    #3194514 - 09/29/04 05:29 AM (12 years, 2 months ago)

Quote:


Similarly, your landlord cannot give permission to search your apartment.



BZZZZZTTTTTT! Wrong. Perhaps in the state you live in.


Quote:

Until the landlord has a court order that permits him to enter and retake the premises, he cannot enter without your permission. (But keep in mind that many states allow a landlord to enter for inspections, which usually require advance notice of a day or two.)



bzzzzttttt. Partial credit. A landlord can enter with no notice and no permission if there appears or is suspected (with reasonable belief) to be a problem. (broken pipe, overflowing toilet, bathtub of shower leaking water, no heat and many other reasons)


--------------------
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


Edited by luvdemshrooms (09/29/04 05:32 AM)


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InvisibleInnvertigo
Vote Libertarian!!
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Registered: 02/09/01
Posts: 16,296
Loc: Crackerville, Michigan U...
Re: is this seach legal [Re: MrBump]
    #3194615 - 09/29/04 07:52 AM (12 years, 2 months ago)

Quote:

legal: the roommate/fucking NARC tipped off the cops to exactly what room the drugs would be found, the cops could have gotten a warrant just to search that room based on the roommates' tipoff




I don't believe you need a warrent for a particular room if they're given permission by a resident to search it. It's legal even though it was a bit cheap.


--------------------

America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


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OfflineMrBump
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Re: IS THIS SEARCH LEGAL [Re: luvdemshrooms]
    #3195799 - 09/29/04 03:36 PM (12 years, 2 months ago)

Quote:

luvdemshrooms said:
Quote:


Similarly, your landlord cannot give permission to search your apartment.



BZZZZZTTTTTT! Wrong. Perhaps in the state you live in.


Quote:

Until the landlord has a court order that permits him to enter and retake the premises, he cannot enter without your permission. (But keep in mind that many states allow a landlord to enter for inspections, which usually require advance notice of a day or two.)



bzzzzttttt. Partial credit. A landlord can enter with no notice and no permission if there appears or is suspected (with reasonable belief) to be a problem. (broken pipe, overflowing toilet, bathtub of shower leaking water, no heat and many other reasons)




luvdem:
regarding quote 1. i found that on nolo.com, and i searched my state's eLaw Library and it seemed to corraborate that statement.
but you are a landlord...


and 2. oops my bad, i forgot to include that part...it has actually happened to me where the landlord noticed our lock was broken and the front door was cracked open, and he entered legally to investigate.

luvdem, you leagal beagle, you  :grin:


--------------------
If it weren't for the bloody corpses, I wouldn't have any corpses at all.

There are two ways to get to the top of an oak tree: start climbing or sit on an acorn.

Are you a carrot, an egg, or a coffee bean?


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InvisibleInnvertigo
Vote Libertarian!!
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Registered: 02/09/01
Posts: 16,296
Loc: Crackerville, Michigan U...
Re: IS THIS SEARCH LEGAL [Re: MrBump]
    #3195819 - 09/29/04 03:41 PM (12 years, 2 months ago)

Quote:

luvdem, you leagal beagle, you 




He isn't a leagle beagle, he breaks into people's apartments all the time.  I found him in my kitchen eating my bacon. :mad:


--------------------

America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


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OfflinePhred
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Registered: 10/19/00
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Re: IS THIS SEARCH LEGAL [Re: Innvertigo]
    #3196107 - 09/29/04 04:59 PM (12 years, 2 months ago)

Raw.

pinky


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Invisibleluvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 33,723
Loc: Lost In Space
Re: IS THIS SEARCH LEGAL [Re: Innvertigo]
    #3196236 - 09/29/04 05:32 PM (12 years, 2 months ago)

mmmmmmm.... bacon.

Everything tastes better with bacon.


--------------------
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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InvisibleInnvertigo
Vote Libertarian!!
Male

Registered: 02/09/01
Posts: 16,296
Loc: Crackerville, Michigan U...
Re: IS THIS SEARCH LEGAL [Re: luvdemshrooms]
    #3197815 - 09/30/04 12:03 AM (12 years, 2 months ago)

I was thinking you were on the Adkins diet so I just let you be.  :smile:


--------------------

America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


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