By goingtobeevicted - 25/04/2013 06:28 - United Kingdom - London
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It doesn't matter how many illegal things he was doing. Anything seen or any evidence was taken illegally and you cannot be prosecuted through it.
OP can get evicted/possibly arrested for it still. Most Renter's Agreements state that the property owner/manager must require permission to enter the unit's residence, unless it is due to maintenance. The landlord might claim that it was a maintenance basis and evict/charge OP.
Actually there are multiple cases of police charging residents in certain parts of the US for "indecent exposure" because they/someone saw them naked in their own residence. True the 4th amendment applies to the government, but landlords/police/city officials are not considered federal agents.
At least in California they have to give you reasonable notice or it can be both burglary and trespassing. And here you wouldn't be prosecuted. Weed is decriminalized but even if it wasn't the police would need a warrant and not just someone saying they saw you smoking in your house.
Maybe not for weed, but there have been many other cases where the police have shown up or pressed charges against someone for doing whatever they do, in the privacy of their home, yet causing offense to someone who potentially saw. I tried putting a link but FML took it down. Google this as an example: charged for being naked in own home
that is not true, i live in cali and the way we have it as long as there is "small chance" of illegal activity we do have a right to go in and find out what it is. my family owns a place where a family used to live, turns out they lied about being gangsters and drugs. we went in saw that they had drugs around kids mind you and we gave them 2 choices (leave with in the next 3 weeks or we will call the cops) in the least contract we have stated that we are allowed to go with out notice, good thing about that we have no reason to go most of the times. plus we only state that drugs or people who get into trouble are not allowed to live there pets are okay.
the police is considered just that, why do you think so many people say "my 4 amendment rights are being taken away!" right after the bosten bombings? because police officers were going into houses searching for the suspect (even though there are exceptions to these rules but no one gives a shit about the dam rules)
@109, too bad that has nothing to do with stand your ground laws. SYG laws and "castle laws" have nothing to do with murdering people, they only apply in legitimate self defense scenarios. What it does it makes it so I can defend my life without fear of being prosecuted for it.
Also, by us law the landlord can enter without notice if he/she had reasonable grounds to believe that the terms of the lease have been broken. A scent or sound of the cats, even a complaint about them is enough for entry without prior notice as OP noted it was to be a pet free unit.
@116 "SYG laws and "castle laws" have nothing to do with murdering people, they only apply in legitimate self defense scenarios." The sad part is, if you're the only survivor you can make up any damn story you want. And as long as the evidence doesn't contradict it, you're golden.
Am I the only one that is starting to think that perhaps the cats weren't a problem but rather just an embarrassing component?? I mean there are appointments that allow pets and I sure would be embarrassed hearing my significant other was found naked petting cats.
I don't think he can do anything with that though, since it was evidence obtained through an illegal entry. Or if not, press charges for breaking and entering.
I don't think it even matters whether he entered illegally or not. Now that he knows all that's going on in the apartment it won't be hard to get Op evicted if he wants. He can just schedule "maintenance checks" until he actually "legally" catches something wrong or he can nitpick everything little thing op and her boyfriend do relating to the apartment and make their lives a living hell until they choose to leave. I'm no landlord but my guess is that if you wanted someone out of your property it wouldn't be difficult to eventually make it happen.
So pretty much everyone was doing something illegal, right? Doesn't that cancel everything out and make it a big party?