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  #1  
Old 11-09-2004, 12:08 PM
Joshvbsu123
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Roomates parents invading my life


What is the name of your state? Indiana

I am a college student and live with 2 other guys. One of my roomates's parents found out recently that he smoked pot. His entire family came to our house while i was the only one home, and were blaming me for being the reason that he does it. I gave my defense that he started smoking pot before I was his roomate and that I should be left out of it.
His parents pay part of his rent. They said that they didnt want any drugs in the house. They told me to give them every drug in the house and if they thought there was more they were going to send the cops. So i gave them all of mine and his stuff. He wrote our address down on a piece of paper, and put it in a bag along with all the pot, pipes, and papers. Ken is angry with his parents, telling them to keep me out of it, and to be more accepting of his choices. I know that ken isnt going to be giving in anytime soon and his parents are 100% against drugs. I have a feeling that its going to continue to escalate until something crazy happens.
The question I have is what can he do with that bag? If he turns it in, will that give the police probable cause to get a search warrant? Or what if he comes back with the bag and calls the police to my house?
Another question... If the cops end up coming to the house, and i tell them they cant search, but he says that they can; is that an illegal search? Neither of my roomates parents names are on the lease, but i just didnt know since pays part of my roomates rent.
Also, I pay my own rent, and i dont want to be bothered by people coming to my house to ridicule me. If i tell them to leave, i know theyll refuse. If i called the police to get them out of the house, what would happen?

Last edited by Joshvbsu123; 11-09-2004 at 12:15 PM.
  #2  
Old 11-09-2004, 12:48 PM
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All of the answers to your questions depend on your age and the age of all of the roommates.
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  #3  
Old 11-09-2004, 01:10 PM
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Quote:
Originally Posted by Joshvbsu123
Ken is angry with his parents, telling them to keep me out of it, and to be more accepting of his choices.
When he's self-sufficient, then he can tell them to be more accepting of his choices. If he wants to be an adult, then he should pay his own way.
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  #4  
Old 11-09-2004, 01:22 PM
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Quote:
Originally Posted by Joshvbsu123
One of my roomates's parents found out recently that he smoked pot. His entire family came to our house ... They said that they didnt want any drugs in the house. They told me to give them every drug in the house and if they thought there was more they were going to send the cops.
Wow! Now THESE are involved parents! Good for them!


Quote:
The question I have is what can he do with that bag?
Anything he wants.


Quote:
If he turns it in, will that give the police probable cause to get a search warrant? Or what if he comes back with the bag and calls the police to my house?
Yes, it could be enough for a search warrant. However, they would already have enough to charge you and Ken with possession ... though a time delay might make it tough to prove with a good defense attorney casting doubt on the original source of the marijuana and paraphernalia turned over by mom and dad.


Quote:
Another question... If the cops end up coming to the house, and i tell them they cant search, but he says that they can; is that an illegal search?
The parents won't have the ability grant consent. But, with what the parents have found the police might very well have cause to get a warrant.


Quote:
Also, I pay my own rent, and i dont want to be bothered by people coming to my house to ridicule me. If i tell them to leave, i know theyll refuse. If i called the police to get them out of the house, what would happen?
Well, they COULD be cited or arrested for trespassing unless they were invited in by their son. But, you really want to tell the cops that they found your dope last time and are here looking for more so you want them to leave? Just who do you think the cops are going to have sympathy for?

Wouldn't it be easier to just dump the dope and stay clean?

(Yeah, I know the answer to that one ... "No.")


- Carl
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  #5  
Old 11-09-2004, 02:47 PM
Joshvbsu123
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what im doing


We are all in our twenties. And ken says he pays the rent and his parents dont give him anything. I dont know who is right. We are planning on keeping drugs out of the house. I just wanted to know what my rights were living in the same house as their son.
  #6  
Old 11-09-2004, 03:49 PM
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Although I respect Carl's stand on this issue and agree that you're pretty damn stupid for doing drugs of any kind (and before you try to play THAT card, I've done more drugs in 50 years than you'll ever see in a pharmacy), I disagree with his legal analysis.

First, the drugs in the paper bag are worthless. Unless the judge who signs a search warrant based on a paperbag of drugs is drunk or totally stoned, signing such would result in not only having each and everything found during the search to be thrown out, but also COULD result in civil penalties and sanctions.

Second, NO ONE is required access to the apartment who is not on the lease. So, it's 'come to jesus' time with your roommate. Inform him that his parents are not to enter upon or in the apartment and if he violates these 'house rules' you will file an order of protection against them.

Third, although if the parents are in the apartment they will be able to give consent, this is the reason they WILL NOT be allowed back in the apartment. Otherwise, without a warrant, the police do not come in. PERIOD.

Last. STOP DOING STUPID THINGS like drugs. Otherwise, no matter how legal the search or how 'well intentioned' the parents (and I also disagree here with Carl), you WILL pay a price. Either now or later.
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  #7  
Old 11-09-2004, 04:23 PM
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Well, there may be differences in region as to what might be seen as probable cause for a warrant. Hence my caveat that it "could" result in a warrant. If the parents picked up the dope and ran almost straight to the cops, I can see there being good cause in an affidavit ... provided they did a little homework as to who was there, the relationship of the party turning in the drugs, etc.

EDIT: And remember, the OP GAVE the parents the drugs and THEY put the stuff in the bag. They can assert as to how and where they obtained it, etc. Using such statements from witnesses, buyers, users, dealers, is commonplace.

WOULD the police definitely be able to get a warrant? Certainly not. COULD they? Sure.

I've seen warrants signed with what I thought was weaker cause.

But, in my state (CA) I doubt anyone would waste their time if this were only marijuana. And any other state where marijuana is essentially a fine-only offense, I doubt that anyone would want to waste their time preparing an affidavit and going before ajudge for an offense where the fine would not even cover the officer's time in preparing the affidavit.

And, Belize, now how can you hold it against parents who are trying to hold their kid accountable? Especially since it's very likely that they are at least subsidizing his education? Personally, if it were my son, he'd be off my dime and have two choices: move home or drop out. I would not subsidize his partying. I can see disagreeing with how the parents went about it, but pissed off and disappointed parents should be given a little slack.

As I was often told by my parents: You want to make adult decisions, you pay for it on your own.
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Last edited by CdwJava; 11-09-2004 at 04:25 PM.
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