so my friends ballast is gone...

bunique209

Well-Known Member
my friend got home, and his ballast was gone.. plants still there.. light still there.

and there was a note, not a citation, just a note on a paper saying to call..... waited around for hours for a call back and finally...

a roomate left her keys in the mail box... so another person who lives in those apartments decided to take the keys, and go into the apartment because she "smelled weed" , she found the 4 (LEGAL) plants or whatever it was and told the apartment manager, who then told the police and they all went into the apartment and took the ballast. my 4 friends are now being evicted from their apartment.

any advice on what they should do?? that lady has no right to just go into their apartment.. i dont think the police do either if noone is even home.. ?
 

mellokitty

Moderatrix of Journals
are you in area code 209? this might be a question you want to ask the california section, since the laws are so different from state to state....

i'm in canada, and if we want to grow our legal medigrow in a rental, we need to obtain our landowner's permission. our rental address, their name, signature, etc. etc. have a section right on the application, so if we're found to have forged that section, we're probably looking at having our ticket revoked and possible forgery charges... if cali has similar regulations, your friends might be SOL.....
 

bunique209

Well-Known Member
yeah, but even if youre not allowed to grow on a rental, some random lady cant just go into your apartment cause she found your keys .. ha
 

redivider

Well-Known Member
but once they have the marijuana evidence they can evict you, no matter what.

the police didn't wait there and charge you b/c the evidence was found during an illegal entry. they took the ballast so that you'd walk into the police station asking for it back and then BOOM... they'd be able to charge you b/c the evidence to charge you would've come because YOU walked into the police station.... it's called the principle of 'fruit of the poisonous tree'.... they don't charge you with the plants now b/c the evidence might not hold up in court.... but if they are able to demonstrate they would gather the evidence some other manner, 'inevitable discovery' comes into play and then you are fair game to be charged....

so just be thankful all you'll face is eviction and no charges, and take the ballast as a loss...

its much cheaper than court costs n shit anyways....
 

mellokitty

Moderatrix of Journals
when you ask what can be done about it in your OP, what do you mean? do you mean, "can they argue unlawful entry to not get evicted?" or do you mean "since they're being evicted because of her, can they sue the lady?"
what the lady did would most likely (idk, as i'm unfamiliar with cali laws as i said) fall under "trespassing."
while she was doing this trespassing, she discovered what she assumed to be illegal activity.
she reported this to your building manager; to him that's "probable cause", which i believe negates any sort of lease agreement about giving notice before entry, etc.
he reports this to the police, again, "probable cause."
so on question 1 i tend to lean towards "no". i'll ask some legal-savvy cali folks on here to take a look at your OP to be sure.
on question 2, again, i'll defer to cali folks.


i'm sorry this is happening to your friends; the fingers of oppression are wily and far-reaching..... :-(
 

stuckonsticky

Well-Known Member
Wow that's the best way.you could get caught..all evidence was found by a break in..any halfshit lawyer would have that tossed soooooooooooo fast..but it still sux sorry bro
 

redivider

Well-Known Member
that's why the cops didn't charge him.... but the apartment company is well within their right to evict him though...

and i just want to point out how STUPID the person who left a copy of the entry key outside the apartment while growing inside.

that's just RETARDED.
 

collective gardener

Well-Known Member
Kitty asked me to look at this and I have. Redivider is on track. The landlord can evict you. It doesn't really matter how they found out. As far as the lady trespassing, it's a different matter, having nothing to do with the eviction. If you want to press charges for trespassing, you could...not that it will get you what you want. You could sue the lady, but what are the damages?

DO NOT GET BALLAST!!! Redivider hit that one on the head. That's why the cops took it.

The landlord has the right to allow or not to allow a med op on his/her property. His refusal to allow it could have nothing to do with the fact that it's marijuana. He could "be concerned about fire from the lights". This is why "medical necessity", and privacy regarding medical conditions don't hold up in these cases. This is a learning experience. Don't leave a key around. Prior to renting a place, get written permission to grow if you're not willing to be evicted for growing. I chose not to notify our warehouse landlord about our grow op. But, if she finds out and chooses to evict us, that's a chance I took going in. I'll leave quitely.
 

BadDog40

Well-Known Member
Wow that's the best way.you could get caught..all evidence was found by a break in..any halfshit lawyer would have that tossed soooooooooooo fast..but it still sux sorry bro

Not true. Only government agents are bound by constitutional laws such as the 4th amendment. A thief could break into your house and tell the cops, that is all that is needed.
 

Dirty Harry

Well-Known Member
Not true. Only government agents are bound by constitutional laws such as the 4th amendment. A thief could break into your house and tell the cops, that is all that is needed.
True, but the lady who entered without permission, even if she "found" keys is guilty of burglary in my state.
Also since she tampered with a mail box that is not hers, that is a federal offense for tampering with the mail.
Your friends are done, but who ever is on the rental lease should file charges on that trespasser. What if someone would of been home when she entered? She could of been mistaken for a burglar (well, she is one) and could of gotten hurt.
 

ZAQ

Member
there MORE TO THIS you could have the trespasser put in the can. If paper work is there there not going to take the light only if they thought it was hot . So tell the real story
 

Dirty Harry

Well-Known Member
there MORE TO THIS you could have the trespasser put in the can. If paper work is there there not going to take the light only if they thought it was hot . So tell the real story
I am thinking either the burglar/trespasser took the ballast, or the landlord did because the police did nothing due to being legal.
I think they pissed off the landlord/trespasser and they got jacked. No police action means the cops decided everything was legal, or they were never called. Did they get a police report or notice that a search warrant was executed? If not, then they may have never been there.
 
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