30 votes

*Please Help!* Random Police Searches of my apartment complex?!

Hey fellow freedom loving folks, I just got home from work to find a notice under my apartment door.. here's what it says, along with a picture: http://imgur.com/pfOR7 (edit: the highlighting was done by me, not them)

We have posted or delivered multiple notices regarding marijuana use in the building. We continue to get complains from tenants and smell it in the hallways ourselves when giving showings to possible tenants. This is unacceptable and illegal. We have requested that the Davenport Police Department begin making random checks, with a drug dog, of the building.

First off, this was part of the monthly newsletter for the complex, so everyone got this notice, not just me. Isn't that a flagrant violation of our 4th Amendment rights? Even after reading the following Wikipedia article on common areas of buildings, it seems the police must have either a search warrant OR third-party consent AT TIME OF ENTRY in order to perform a search in common areas. These cases don't seem to indicate that the property owners can give the cops free reign to search whenever the hell they feel like it.

http://en.wikipedia.org/wiki/Common_area#Case_law

So what do you think? If they are indeed asking the police to perform illegal, unconstitutional searches, what would be the proper course of action?

EDIT: I did not intend to imply that I am the one violating the lease/law. Many of the responses have indicated that I should move. That is neither desirable nor feasible at the moment. Of course the landlord has a right to have common areas searched.. what bothers me is the wording they used: "random checks".. as if the police are their own personal Gestapo.




Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Indeed.

With change comes change.

"When it's time change you got to re-arrange."
http://www.youtube.com/watch?v=DyooALwfxO8

change is enivtable

even when it's not: WAHOR

I don't see how...

Obscure is a Rhino. "The liberty of America is not that which permits the individual citizen to do as he pleases. He may so long as he does not interfere with the liberty of others. The liberty of the individual ends where the rights of others begin."

http://www.votewithease.com/Citizenship/VIII/The%20Preamble%...

In order for freedom to be enjoyable we must remember to be considerate of others. If we are selfish and only think of our own rights, we may feel free, and justified in our actions, but we will not have a very happy community. And what good is all that freedom if we do not live peacefully with our neighbors. I find it strange that when someone expresses sympathy for the situation and even agrees that it is wrong, but then dares to suggest some consideration for others, you jump on them and label them a Rhino. While there may be a few trolls lurking, most of us are here for the same reasons, and have the same goal of electing Ron Paul to be our President. Let's not alienate people and make enemies among us if someone dares to express a different point of view. If we are to be the new leaders of the Republican Party, we would do well to work together and remember our manners.

"Rhino", meaning a former

"Rhino", meaning a former screen name.

oops, sorry...

please forgive my rant...

It was an honest mistake.

It was an honest mistake.

Do not get your info from wikipedia....anyone can edit it....and

I'm sorry to hear you are having trouble, my advice, call a lawyer right away, There are attoreys out there that would gladly help you in this matter....

Do not rely on lawyers they

Do not rely on lawyers they SUCK. Do your own research and get your answers that way.

logged in just to bump this

.

LL on Twitter: http://twitter.com/LibertyPoet
sometimes LL can suck & sometimes LL rocks!
http://www.dailypaul.com/203008/south-carolina-battle-of-cow...
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

I don't smoke pot, but it blows my mind that anyone

feels the need or the right to govern anyones right to go pull a weed out of nature and smoke it . Really? Doesn't that just sound insane? It is time for our government to get out of the nanny business and attend to the important issues.

~Your perception becomes your reality~

Get a bag of "dirt weed" and

Get a bag of "dirt weed" and let it dry out, crumble it up and sprinkle it all through the complex in tiny amounts. Smear it into the carpet in the hall, preferably at the door of the suspected rat, sprinkle some around the managers desk, you get the idea. If the dog alerts EVERYWHERE wouldn't it seem false? At least make sure the suspected narc and nosy landlord get their apartments thoroughly gone through!

Get some basil, or similar LEGAL herb, put it in a plastic baggie and "hide" it on a tray under your couch or in the closet etc. Maybe sprinkle a tiny amount of real weed in the carpet below the baggie to help the dog find it. When you get arrested and the stuff is shown to NOT be an illegal substance, SUE their arses off! Make sure to include the landlord in the lawsuit!

Better yet, instead of leaving small amounts..

Cook it down on low heat till you gate a concentrated oil, then mix with a small amount of rubbing alcohol or water and spray it everywhere.. Less likely to put actual evidence that they'll see..

Love the idea he had on the Basil but with spray again of course. :)

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

reedr3v's picture

This is bad advice IMO. Just get out, give notice

immediately and move asap. Do not tell the reason for your move, but be sure nothing in your apartment would give the police any excuse for arrest or seizure.

You have been given fair warning by the landlord, possibly to cover legal needs -- but just as possibly because he/she, like a "good German," is happy to snitch on fellow citizens and eager to ally with local power wielders.

That's hilarious!

And yeah, I know who one of the narcs is.

Here's a story for ya.. One night, a lady from a couple doors down came knocking on ALL the apartment doors in my hallway, just being super nosy. When my roommate opened the door, she kept trying to poke her head around his to see into our place. We had some incense burning, and I was certain that's what she was being weird about.

Fast forward a couple weeks, I hear some loud voices in the hall, so I take a look out of the peephole. Just then, that same woman walks by with a cop, trying to convince him that she smells weed. His response: "Ma'am, what you're smelling is incense."

Occasionally when walking down the hall, I'll get a whiff of a joint someone has just smoked, so I know the building manager's claims aren't BS.. but that little episode was pretty damn funny.

or...

I'm sure you know somebody that smokes. ask them if you can swab your finger in their bowl and then walk through the hallways touching everything. do that enough times, and if they bring dogs in, it will be a ton of false-positives and sensory overload for fido.

Funny False Flag?

That's good. Never thought about doing a false flag myself!

Thanx,

Jason

You can't get clean in a dirty bathtub.

woah! Walty! you should write crime thrillers.

seriously.

It is time to move.

Just do it!

~Your perception becomes your reality~

I'd move

And I'd also make sure that potential renters knew that the property owner assumes the role of nanny.

If one of the other tenants has a complaint, let them file it with the police themselves.

obtw - I've been a landlord for over 30 years. I've had tenants in a building call me to complain about another tenant's behavior and my responses were simple:

1. did you tell the other tenant that they were disturbing you? (most of the time the offending party will be embarrassed and stop the offending behavior)

2. if you are that upset, call the police and file a complaint. I can't, I'm not a witness. Most people wouldn't because "they don't want to get involved" - but they want you to do it for them.

If your landlord wants to start running your life, get out!

I would never intrude on the personal lives of my renters. If they pay on time and honor the terms of their lease - no problem.

(here's a notice though - most leases require the tenant to obey applicable laws as part of the agreement.)

who'd want to live in a place where they know that the property owner is inviting the police to harass the renters?

The problem is tattle tales and rats.

Those people who use government to enforce their prejudices on others.

Free includes debt-free!

Read your lease agreement.

Chances are near 100% that it includes a clause which permits the landlord to enter your premises for a variety of purposes, and probably includes illegal activities.

If you signed it, you had better not have anything on your premises.

Yes, I know about that.

And that is totally understandable. But that's a bit different than random police searches, don't you think?

The landlord will escort police for sure.

They do not want their real estate confiscated and that can happen if drugs are found and they are uncooperative.

You essentially live in eastern europe now under corporate occupation.

Get used to it.

.

If they

are smellin pot, and it seems to be coming from a certain apartment, it's not really random.
And even if it was, the landlord has the right to enter any apt they want to, and they can bring the cops in with them.

I agree with the other posters above, and say "move out".
Buy your own house and be done with landlords.

Was It You?

I think courts have held that police dogs can be relied on (however, this is subject to abuse, because you can train a dog to signal on cue).

If they signal a hit at your door, that may be considered probable cause. I don't recall whether they have to go get a warrant at that point, but at any rate, a landlord has certain rights, too.

Nice of the landlord to give multiple warnings, don't you think? Especially after that horror story where the couple had their hotel seized in a civil asset forfeiture proceding because they called the cops to complain about people dealing drugs out of one of the rooms.

I hope your landlord doesn't suffer the same fate.

What do you think? http://consequeries.com/

Know your rights, read the Constitution.

That is why we have the Fourth Amendment. Make someone swear and oath if they have cause.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Here is Carl Miller Talks about our Rights:
1. http://www.youtube.com/watch?v=Y_CAtNqtbic
2. http://www.youtube.com/watch?v=gm5yMq0w6OA
3. http://www.youtube.com/watch?v=A6_jq6ac-5Q
The 666 Bill is the Patriot Act
4. http://www.youtube.com/watch?v=m70F0OYpKAs
5. http://www.youtube.com/watch?v=pnF4FY_M87c
6. http://www.youtube.com/watch?v=cSoxC9PgtCU
7. http://www.youtube.com/watch?v=GXUnvpl5tDo
8. http://www.youtube.com/watch?v=6EJ8HfKQ_oc
9. http://www.youtube.com/watch?v=otb8oe0jfww
10 http://www.youtube.com/watch?v=YTc3WzwmuYo
11 http://www.youtube.com/watch?v=aem2pWuVJ44

Complete:
http://www.youtube.com/watch?feature=endscreen&NR=1&v=1s-zHr...

Free includes debt-free!

From what I am aware of they

From what I am aware of they can walk around with the dogs around the common areas. If however the dog hits on your door under new legestlation...in my state at least...that gives them probable cause and they can and will enter and search

This is a violation of our freedom and liberty and things like this is why we must fight for liberty and freedom

Get the good dr. in the white house at all costs or this country and our liberty will go down the drain.

Good luck

To arms! To arms! The Redcoats are coming!

Association gives consent for common areas...

..and the drug sniffing dogs whether they smell something or not give officers the excuse of "reason" to enter your property.

Unfortunately, dogs aren't perfect and give false positives but most importantly, trainers can on command make their dogs give the positive sign and take advantage of the whole concept of "reasonable cause."

What is the point of having free will if one cannot spit in the eye of the destiny others leave you with?
www.twitter.com/HectorinMiami

I think it is a scare tactic.

Unless DPD doesn't have anything more important to do, like fighting crime.

reedr3v's picture

Fighting real crime could involve danger to the

noble Enforcers. Their first priority if officer safety, second priority is to insure their tenure, pensions etc. (over-generalizing, but this seems the majority of today's cops.)

Arrests for drug possession and other victimless crimes are easy and safe, so that is the first choice of enforcement.