Marijuana: If the cops knock on my apartment door do I have to answer it?

[-SD-]

Hey here's a really INSANE, CRAZZZZZY idea:

Stop smoking

Cant do that bor........its WEEEEEEEEEEEEEEEEEEEEEED

 

[Area5150]

I believe they can just have the manager open your door if they have a reason

That's an excellent point. In this scenario, with the smell of pot saturating my apartment floor, and with the manager having told the cops that I'm "probrably the person who's smoking the pot", I don't know if the law would allow the manager to enter an occupied dwelling without the tenants consent. To do so otherwise would constitute trespassing on the managers part. Trespassing is a misdemeanor crime.

But this is a little different. Marijuana is illegal. The rental agreement that I signed states that I would not engage in criminal activity. Off on a little tangent: where I live in San Diego, if you don't have a license for a gun and you're found to have one in your possession inside your apartment, the owner of the apartment building has the right to issue a just-cause eviction. That law went into affect 1-1-2008.

Keep in mind that there are numerous other units on my floor. I'm not sure if the smell of pot would allow the police to get the manager to open my door, even though it's clear to everyone that I'm home inside my unit, though refusing to open the door.

 

[*The_West*]

i think the answer is stop trying to find ways round it, you will get in trouble sooner or later. just stop blazing in your fricking apartment!

 

[p0ink]

That's an excellent point. The only thing is I don't know is if the law would allow the manager to enter an occupied dwelling without the tenants consent. To do so otherwise would constitute trespassing, which is a misdemeanor.

But this is a little different. Marijuana is illegal. The rental agreement that I signed states that I would not engage in criminal activity. Off on a little tangent: where I live in San Diego, if you don't have a license for a gun and you're found to have one in your possession inside your apartment, the owner of the apartment building has the right to issue a just-cause eviction. That law went into affect 1-1-2008.

Keep in mind that there are numerous other units on my floor. I'm not sure if the smell of pot would allow the police to get the manager to open my door, even though it's clear to everyone that I'm home inside my unit, though refusing to open the door.

i don't think an apartment manager would do that...they would probably end up losing a paying client and possibly wind up getting sued.

just because it says no illegal drug use in your lease, doesn't mean they can let in anyone who wants to get in.

 

[-SD-]

i don't think an apartment manager would do that...they would probably end up losing a paying client and possibly wind up getting sued.

just because it says no illegal drug use in your lease, doesn't mean they can let in anyone who wants to get in.

Why would it say explicitly no illegal drug use in the lease? It might as well say "no murder or rape allowed in your unit" as well.

 

[Area5150]

if you open your door, they will smell it (or say they smelled it) and then have probable cause to enter your place. you = SOL

i would advise you to go to a window next to the door and ask what they want. if they say they want to speak to you, tell them you have nothing to say and will not talk to them without a lawyer.

if they say they have a warrant, show them your hands and tell them to break the door down. sounds retarded? maybe...but all they need to get probable cause is for you to open your door.

That doesn't sound the least bit retarded. My gut feels good with that scenario, it feels plausible. With all the possible outcomes I would hope that the one you presented is the one that's closest to reality. I would need to have a lawyer verify it.

The only other factor to be concerned with is whether or not the police could get the manager to open the door. I'm not a lawyer, but I don't see how the police could pinpoint the smell as coming from my apartment when there are several other units on my floor. The cops would need to tell the judge that they were 100% certain that the scent was coming from my apartment, which is why they got the manager to open my door.

We're talking about a scent, which is much harder to pin down as opposed to that of a man or woman who's screaming for her life. Not unless they used a drug sniffing police dog. And then I might be compelled to open the door, thanks to mans best friend. I don't see many police dogs riding around in patrol cars here in San Diego anymore, they're kinda like UFO's, almost non-existent. So I don't see that as being too much of a factor.

The only thing is I would not go to the window to talk to the police. Ideally, I would not say a word to them, not one word. Why would I if I didn't have to? I'm not on probation and I have no warrants out for my arrest. It should be my perogative as to whether or not I want to answer my door or not. I don't live in North Korea. I get to pick and choose who I want to talk to.

 

[p0ink]

That doesn't sound the least bit retarded. My gut feels good with that scenario, it feels plausible. With all the possible outcomes I would hope that the one you presented is the one that's closest to reality. I would need to have a lawyer verify it.

The only other factor to be concerned with is whether or not the police could get the manager to open the door. I'm not a lawyer, but I don't see how the police could pinpoint the smell as coming from my apartment when there are several other units on my floor. The cops would need to tell the judge that they were 100% certain that the scent was coming from my apartment, which is why they got the manager to open my door.

We're talking about a scent, which is much harder to pin down as opposed to that of a man or woman who's screaming for her life. Not unless they used a drug sniffing police dog. And then I might be compelled to open the door, thanks to mans best friend. I don't see many police dogs riding around in patrol cars here in San Diego anymore, they're kinda like UFO's, almost non-existent. So I don't see that as being too much of a factor.

The only thing is I would not go to the window to talk to the police. Ideally, I would not say a word to them, not one word. Why would I if I didn't have to? I'm not on probation and I have no warrants out for my arrest. It should be my perogative as to whether or not I want to answer my door or not. I don't live in North Korea. I get to pick and choose who I want to talk to.

brother...you are sounding very paranoid. i suggest you lay off the weed.

secondly, i suggest you watch some videos put out by the ACLU, NORML, Barry Cooper, etc on how to deal with police.

 

[-SD-]

Chill out dude, if the cops ask the manager to open the door, its still the cops going into your unti without a warrant and they know they cant do that.

 

[Powerbuilder333]

I would not answer the door, or even acknowledge that you are home.
If the police have a search warrant, or "just cause" they will open the door themselves and you should lawyer up.

If they smell the weed from the street - hmmm. I doubt that would be "just cause" to kick down your door, and they certainly wouldn't wait for a judge to sign off on a warrant. The exception is if they have an ulterior motive, like they suspect one of your friends is a fugitive - something along those lines...

Weed is NOT a big issue in most jurisdictions, especially now that almost anyone can get medically supervised marijuana.

 

[walliwalibus]

Well, with today's laws I disagree, and think yes they can enter. That is, if they wanted to spend hours on paperwork for just a joint (pinner in your case). Just smelling is justifiable. Just like in a car, your dwelling is no different. They don't even need your landlord, one simple sound, they can bust that door down. Thank you patriot act. But you are so freaking paranoid just by u'r post i can tell you are a freaking paranoid freak. Chill man..... find love, find happiness, actually just find ya some valiums and chill (just joking).