Legal question!!!

talos4

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Lets say you rent a house, and you do a closet grow. Then lets say your landlord finds it for whatever reason, he's showing the house to someone, he's snooping around, whatever. Then he calls the cops. They either get a warrant or they don't and they find it. Now, since the landlord broke privacy laws and entered your legal residence without permission, (even though he may own the house) well, would you get into trouble? They would have got a warrant because someone found a plant by breaking the law. Just wondering about this since I rent now. If a landlord follows the law and stays out of your house (unless he gets your permission) I would think that growing in a rented apartment or house would be safe. I owned my last house and never had to worry about this
 

omnigr33n

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No, man. It doesnt matter. If he sees and tells the cops, the cops dont need a warrant for ****. They can walk right up in there and arrest your ***. Privacy laws? Its not your house and the owner is in no way obligated to really stay out of your domain. You know what man, Ill even ask my cop friend what he thinks.
 

talos4

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I know that landlords have very strict privacy laws they have to follow when they rent a house or apartment. A former friend of mine rents a house to a family and when he put the house up for rent his attorney told him that there are very strict laws about him ever going in that house as long as its someone else legal residence. Would like to know more about this
 

KADE

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talos4 said:
I know that landlords have very strict privacy laws they have to follow when they rent a house or apartment. A former friend of mine rents a house to a family and when he put the house up for rent his attorney told him that there are very strict laws about him ever going in that house as long as its someone else legal residence.
You are right.... even if a person has a key.... if they are not the legal residient of that they can be charged with B&E...

In Canada it is even worse... the ppl renting have sooo much to protect them... even if they dont pay for months and months the landlord can't kick them out... if the ppl dont wanna leave the owner is screwed.... altho all he'd have to do is take the front door off... that outta do it through winter.... can't live w/o a door.
 

Dada

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Most areas allow the landlord to enter in cases of emergency, like if the pipes freeze or something. Also, they can enter to do inspections and maintenance, though they usually have to give you 24 hours notice. In the scenario you described, I'll bet the cops could still enter. If the landlord didn't give you proper notice that he was going to enter, you'd have a bone to pick with him -- but that would be between you and him. This may vary depending upon where you are, but if you are renting, you might want to make your grow area stealthy.
 

talos4

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Ya I found out the same thing, unless it's a major emergency they cannot enter without 24 hours notice. Then, if someone found your grow and reported it, that still probably wouldn't be enough for a judge to issue a search warrant. Search warrants aren't usually issued due to hearsay. A judge has to consider a lot of things before signing a warrant, and someone saying there is some Marijuana growing in a house usually wouldn't be enough, simply because the person may be wrong, or could just be trying to cause trouble and get back at you, ect. Someone would really have to dig through my stuff to find my little veg cabinet. Once I flower, it means using the whole closet, and all I can do is lock it, deal with the smell, have the light on at night when I know I'm home, and hope for the best. It's easy to be paranoid when you grow this evil deadly plant, but I have Peripheral Neuropathy so bad it's either Marijuana or time release Morphine, Seizure meds, and Antidepressants. I pick Marijuana
 

Mutt

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I'd be careful. in my state they are passing "probable cause" laws that pertain to search and seizure in a residence without a warant. I would research and spend a couple hundred bucks on an attorney to help answer questions. Due to "Attorney/client privaleges" that information you discuss Cannot be used against you. ;)
The problem with asking for "legal" questions on forums like this, is laws vary from state to state. So the best bet is to search the laws "specific" to your state and area.
Just my 2 bits worth.
 
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northernlightssmokn

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You know what it all boils down to dont you....The time you do in jail will strongly depend on wether or not you have an attorney or a public defender, if your ready for the raid and wether you admit to growing and the laws in your area. for instance..in Alaska the landlord MUST give you 24 hour notice to enter the residence and it must be in writing. Our state constitution clearly words that a person can have up to 25 plants and one ounce of personal before it is even a crime, therefore if a landord bust's you in Alaska and you have a closet grow..(1 light and ballast, 5 budding plants, 5 or 6 clones, a few florescents, and a cured oz in one bag) You have broken NO state laws, The police will confiscate all but the one ounce and thats it...they won't even take the one ounce. They take the plants to a lab, dry it, weigh it and if it is under a 1/4 lb. you never hear back from them, if it is over that than they forward the case to a prosicuter. A good idea is to always higher an attorney!!!!!! In most places or states, one plant is a felony. Don't admit to anything, but dont hassle the cops eithor! A few points your attorney can argue is that the same un anounced entry by the land lord is a violation of a constitutional right to privacy law. A warrent will not be issued by a judge, if the judge feels there is ANY question that the information in the warrent was obtained illegaly or immoraly. It will jepordise the whole case later. Get a lawer!! A public defender will only want to deal or get you to role for a lighter sentance..(that a real attorney would have gotten you out of)..Good advice for you my friend: If your security is comprimised by someone like a landlord..KILL THE CROP DUDE!! destroy the plant and root balls, the second best move is to smash and remove the high pressure sodium bulbs. get these two things OUT OF THE HOUSE NOW!! if the police are not there yet, make sure that you have no money in the house, no scales and the baggies are in the kitchen dwars, not in the grow room. leave the rest of the grow room intact...focus on the cleanlyness of your home and family...do your dishes and vaccuume..(your integrity as a person will be on trial also)..no plants and no sodium bulbs...**** you could have been growing tomatos or strawberries, no sighns of selling makes you a casual user and not a dealer, a clean house shows a self value and makes it easier to convince a judge for lower bail and a jury for a lighter sentance. If the police are still not there, take this time to put $200 in your wallet, 5 stamps and a paper list of names and numbers of people who are not growers/smokers and allow collect calls on they're phone. This gives you commisary money and communication with the outside world. If there is cash in the house dig up a NEW paystub and put it with it, splash cologne on the money to get rid of pot smell and hide the money well. These things WILL NOT stop you from being raided but they WILL give your ATTORNEY plenty of avenues to get evidence kicked out of court, lower charges from felony to misdimenor and significantly drops your jail time...note: DO NOT return to the plants..consider them gone, do not tell any one where you put them. If you have time to dissasimble your grow room, dont throw it away where you threw the plants.this adds you fingerprints and dna to the pile where the plants were found. Get a lawer!! Also remeber these three things, first off, the cops know you know that they know, they may not try to bust you, they may try a different avenue such as a controled buy or a stake out...second...it is a good idea to get and have a credit card w/ about 7k or 8k..limit, do not ever use the card but once in a while to keep it activated..(we call this the hillbilly legal defence fund..third..your past record, job, physical health and location of your apartment or home will play big roles in the trial....I hope this helps...
 

dank specialist

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Mutt said:
I'd be careful. in my state they are passing "probable cause" laws that pertain to search and seizure in a residence without a warant. I would research and spend a couple hundred bucks on an attorney to help answer questions. Due to "Attorney/client privaleges" that information you discuss Cannot be used against you. ;)
The problem with asking for "legal" questions on forums like this, is laws vary from state to state. So the best bet is to search the laws "specific" to your state and area.
Just my 2 bits worth.
with all due respect Mutt, that law would be unconstitutional. You cant search and seize without a warrant. says are fourth bill of right? now a cop can search a car with probable cause.. ex. if they smell alcohol on the drivers breath or if it reaked of pot. it would be more difficult to search a house unless many witnesses complain//

As for the the first question, it really depends on your land lords personally. i had a land lord come into a house i rented and take pictures of my roors, 10000 bucks, and other accessories just to be a ****. but he didnt call the cops. but maybe i got lucky?
 

talos4

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My landlord knows I take very good care of the house, he likes me and wants me to stay, he has never come in unanounced. When I first rented if he came over to drop off a utility bill he would always knock. I always invited him in so he could see I take care of the place. In 8 months of renting, he only came in the first couple of times I asked him I guess so he could see how I was taking care of the place. After that, if I ever invited him in he always said no thanks. I guess by inviting a landlord in you establish trust, since all their worried about really is if you take care of their place. I'm going to be moving in two weeks to a new house which is much better for growing, and this landlord doesn't even live in the same state. I guess at either house I would be ok. I guess if I ever got busted my medical records might help, plus I have no record of any kind. In my state we have that law where if you have under 20 plants and no prior felonies you just do probation with no trial, it's called conditional release. Here is a good link to find out the laws of your state concerning this evil, satanic, deadly plant. Everyone should check it!!
http://www.norml.org/index.cfm?Group_ID=4516
 

KADE

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northernlightssmokn said:
You know what it all boils down to dont you....The time you do in jail will strongly depend on wether or not you have an attorney or a public defender.....and so on....
Good lil read... it isn't that big of a problem in your neighbouring country... unless ur a seller... then u might as well just hold ur hands out for the cuffs.
I wouldn't get rid of the bulb imho... like u said.. u could be growing tomatos or whatever... the bulb shouldn't be an issue.

IMO if u think someone is on to you... chop em down... clean the place up... and dont think about doing it there again.
 
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northernlightssmokn

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The reason for the bulb comment is that there are not many plants w/ a second cycle other than tomatoes that benifit from sodium enough to justify its use, Metal halide bulbs are much more commen and easyer to explain, a 1000w ballast and m.h. bulb is a commen sealed unit barn light in the country, We had one growing up that we used to light the shop with in the fall back in Montana, the sodium bulbs are not used that way though....like I said, its not the saving grace, but is a good leverage tool for a half ars defence...every little bit counts in my opinion.
 

irish rasta

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if theres a really bad smell of weed coming out of your house is this a probable cause to enter your house and how bad does the smell get last couple of weeks of flowering?
 

KADE

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northernlightssmokn said:
The reason for the bulb comment is that there are not many plants w/ a second cycle other than tomatoes that benifit from sodium enough to justify its use, Metal halide bulbs are much more commen and easyer to explain, a 1000w ballast and m.h. bulb is a commen sealed unit barn light in the country, We had one growing up that we used to light the shop with in the fall back in Montana, the sodium bulbs are not used that way though....
Many, many plants benefit from hps for flowering but i can't see someone growing a "flower" in their home for the **** of it.... tomatos are as close to mjs cycle as a person can get.... as for the lighting... every streetlight is hps around where I am... so it wouldn't look soo bad....the power company actually put one up outside my place.... i think it is only a 250w tho..

The smell can get pretty extreme... you probably won't smell it outside of your house.. unless you are venting straight out... but inside... lemme tell ya.... YOU WILL SMELL IT! haha...
 
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northernlightssmokn

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I have done some looking around on the internet and you are right Kade there are alot of uses for hps, more so than I thought. As far as smell, there are realy great carbon filters made by sunbeam and vortex fans that come in 3 sizes, closet grow, small room grow and holy **smoke**...lol...the small filter and fan in Alaska at a garden store run about $200 but last for years and work realy great, one medium filter and medium fan will kill the smell intirely in a 10x12x8 room w/ 18 budding plants 5 feet tall....they use little amps can exaust right in to the next room.
 

KADE

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yeah, i was looking into doing some hydroponics flowerwise... but i find it is hard to get all the perfect growing conditions... and i dont wanna ask too many questions to t he ppl i know around here because of the 25 plants i'm growing.. lol..
 

newgreenthumb

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Just be careful and make your grow as stealthy as possible maybe even lock the door to the closet while you are away. IMHO. :D
 

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