dialcg

I tried to post this earlier, but the message got lost or something...

About 2 months ago my house was searched by the police... I have questions regarding the event, esp. for NIghtshift or any other LEO. Also, FYI, I live in Oregon, am 21 years old, and am the owner of the house.

Me and my roommates had been smoking marijuana in our house, there were pipes and stuff laying around, but all windows were closed/shuttered and we were not being loud or anything (hey, we're stoners). Someone squeled their tired at the stop sign outside my house, and one of my neighbors called the police. When the police arrived, I was in a back room and did not even know they were here. One of my roommates answered the door and stepped outside to talk to them. They told him about the noise complaint and then said they could smell marijuana and he "looked stoned". They asked if they could come inside to search. He said no, but they said that "it was obvious" that marijuana was being used and if he did not consent he would just make it harder on himself. He then consented to a search of his person first, and a bag of marijuana was found. After that he let them into the house, where they saw paraphenelia in the living room. I came out of the back room about this time. I told them I was the owner of the house, asked who let them in, and said I did not consent to their being in my house. They asked if they could search the house. I asked if it was within my rights to refuse, and they told me that it WAS, however if I refused a search they would fine ME $600 for each piece of paraphenelia they had already seen. If I consented, all they would do is break all our pipes. I do not have that much $$$, so I consented. They searched our house (and persistently asked me if I had a "growroom", and where it was). They found ~ 14 pipes and bongs worth ~ $2000 and broke them all. No one was ticketed and they left. (Hehe, they asked at one point if they could search my person, and I said no even though I had weed on me, they did not search me, and I smoked a bowl after they left!!)

Anyway, my questions are:
Can someone who does not own the house consent to let them in?
Were they totally within their rights in what happened?
Could they have come in anyway if my roommate would have refused, or would he really have made it "harder on himself"?
If I posted a sign on my front door that said something like "No admission without permission of owner", would that help?
What else should I have said/done to prevent the $2000 of broken glass????

Thanks!,
Chris

rick

I think a real good place to start would be by counting your blessings that you only lost your glass...These guys/police actually sound like the cops who made us dump our beer when I was under 21 instead of giving us Minor in Possession charges, I considered that a favor.

The difference in men and boys...the price of their toys.

You guys really had two grand in glass?

My first rule of thumb, never have what you can't afford to lose in a pinch.

Niteshift, what say ye?

__________________

Slate

Anyway, my questions are:
Can someone who does not own the house consent to let them in?

No. The arguement is "dominon and control". Your friend was a welcome guest in your home, but he had no standing in the property. Unless the person consenting to a search has "standing" in the property or is acting as your "agent," he connot properly give consent.
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Were they totally within their rights in what happened?

Yes for the search/ No for their actions. Once an officer forms the opinion that an illegal act is taking place he has the right to further investigate. Smash bongs, I would check local laws on that one.
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Could they have come in anyway if my roommate would have refused, or would he really have made it "harder on himself"?

Yes. The roomate should have said, "This isn't my house let me get the owner for you." In a situation such as that, I have asked the owner to consent to a search and had the "Consent Search" form filled out. If they refuse a warrant can be obtained based on the officers observations, expertise and training. A warrant normally takes a few hours, during which time your house could be locked down. (That is worst case scenario though)
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If I posted a sign on my front door that said something like "No admission without permission of owner", would that help?

No. Case law has been established and the posting of a sign really can't do a whole lot.
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What else should I have said/done to prevent the $2000 of broken glass????

Uh, Don't have an answer for that one. Never heard of a "Smashing Bong Law" before.
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Chris, I hope the answers helped. There is a lot more to each answer, but I tried to give the readers digest versions. Good luck.

Niteshift

"Can someone who does not own the house consent to let them in? "

Like Slate said, he didn't have the legal standing to consent.

"Were they totally within their rights in what happened? "

As far as the search goes, I think they could have got the paraphernalia charge to stick because they entered in good faith. Your buddy was in the house, opened the door and consented. Why should the think he didn't have standing?

"Could they have come in anyway if my roommate would have refused, or would he really have made it "harder on himself"?"

Harder? Not really. Much more inconvienient? Oh yeah.

"If I posted a sign on my front door that said something like "No admission without permission of owner", would that help?"

It won't help with the cops.

Besides, you should use pictures, we don't read very well.

"What else should I have said/done to prevent the $2000 of broken glass????"

I have got to ask.............. That averages $142 per piece............WHY? It is REALLY that much better? And if it is, why 14 and not 2?

Rick:

"My first rule of thumb, never have what you can't afford to lose in a pinch. "

Good advice.

KWhite

Hello.
Personally I think you were very lucky.
The Police Officers sound like pretty good guys.
From the way you write it, there was almost certainly enough paraphernalia and drug to justify a warrant, arrest, and felony charges.
Another thing you might want to consider, keep paraphernalia in a drawer, a closet, use it then lose it, what is not seen cannot be probable cause.
Smoke smart, and avoid the problems.
Be well.
Kelly

Megaweapon

Man... I'm sure the cops had a field day smashing your collection, sure it made them feel all big and tough. oh well... Its a tough lesson to learn, but atleast your smarter for it... and you only paid in glass, not your freedom.

And niteshift, havent you heard... Variety is the spice of life

__________________
Who's the thirteen gear road ranger whos a sex machine with all the chicks...
Megaweapon
Damn Right.... They say Megaweapon's one bad mutha...
Shut yo' mouth
Just talkin' about Megaweapon...
And we can dig it...
-/\/\\/\/-

dialcg

Cool, well, thanks for the replies. Not that I can do anything about it since it already happened, but I was just wondering And, BTW, 14 glass pieces may sound like a lot, but in a 4 bedroom house with 4 people living in it that's only ~3/4 pieces per person. Over time it is easy to build up a big collection... And only like 3/4 of the pieces were in plain sight when they came in, they found the rest.... Oh well. I AM happy I wasn't "busted", but I still feel like I got busted... Why do they have the right to come in MY house when I am not hurting ANYONE, and break my stuff? Times like that I feel like I live in a police state.

-Chris

IceFire

I would sympathise with you, but in this case it really isn't the cops fault, it was your freinds.

I don't understand why he would let the police in when he didn't have to. It wasn't his house.

If I were you I would be super pissed at your friend. I probably would have kicked his ass and then made him pay for the whole glass collection.

__________________
I do not grow marijuana or produce other illicit drugs. I do not consume or possess marijuana or other illicit drugs in any shape or form. Any information, statements or questions posted by me on this message board are not to be considered truthful or factual. Furthermore, I am not liable, in any way, shape or form, for any reason, any action that comes about from any information, statement or question I post on this message board.

DisneyDiva

Re: Fixing Broken Glass

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phuzz01

Holy old thread batman!