apartment situation

Louisiana

I just found out that one of my friends in Louisiana has been smoking weed and doing ecstacy. Her roommate (i'll call her amy) came home early one night and saw my friend and her other roommate in the living room smoking pot.

Amy, who is not using drugs got into a big argument with her other two roomates about how she does not want them in the apartment. The two who are using drugs told her that she had no right saying that because it wasn't her business and that if the cops busted them, amy would not get in trouble because they would give them all a drug test.

First of all, I know that they would all get busted because of joint posession, and second, is it possible for someone in an enviorment around the smoke to show up positive on a drug test?

Anyways, amy doesn't want to do anything about it because her lease isn't up for a year and she thinks that she can't get out of the contract of the lease. I am almost 100% certain that she can get out of the lease if she is in a harmful enviornment. I just need to let her know from a reliable source that she can get out of the living situation, and she CAN get busted by not doing anything at all (which she is doing).

I'm just really mad at my friend for being so selfish and not respecting amy's wishes of getting the drugs out of the apartment.

Amy can, and will, get arrested if the police come a-knockin'.

And though it may be extreme, there is a solution. She can go to the management of the complex and advise them of the drug use in the apartment, and explain that she wants the apartment to 'evict' them for that activity. Most leases include a provision for termination of the lease in the event that illegal activity is done on premises. If her lease includes that, she can ask that they exercise their option, as provided by LA Civil Code 2729:
"Failure of parties to fulfill obligations.
The neglect of the lessor or lessee to fulfill his engagements, may also give cause for a dissolution of the lease, in the manner expressed concerning contracts in general, except that the judge can not order any delay of the dissolution."
Of course, in order to take this option, 'Amy' may have to assist the police in proving that the illegal activity occured.

As an alternative to ratting on the roommates, she can just move out. If they roommates sue her for breaking the lease, their drug use will be a defense. Police do not give people drug tests when they bust them because guilt of possession of drugs does not have anything to do with whether there are drugs in your system. It is very unlikely that a person will test positive for marijuana from being around second hand marijuana smoke unless that person spends hours in an enclosed room with heavy marijuana smoke.

"If they roommates sue her for breaking the lease, their drug use will be a defense."
*** I thought of that, but then it would pretty much be her word against both of theirs, and I doubt that the other two roommates would admit to drug use in court.

Has Amy asked her friends if they use marijuana for medical reasons. If so, maybe Amy can tolerate the situation a little better. Although the activity is illegal, there should be no probable cause for law enforcement to enter a private home.

Lets take a look at your idiotic and useless post:
"Has Amy asked her friends if they use marijuana for medical reasons."
*** Louisiana does not allow medicinal use of marijuana.

"If so, maybe Amy can tolerate the situation a little better."
*** There is NO requirement, or reasonable expectation, for ANYONE to tolerate illegal activity of any kind in their presence!

"Although the activity is illegal, there should be no probable cause for law enforcement to enter a private home."
*** Super wrong here!! First, it IS illegal, DOH!! Second, as a tenant of the property, all she has to do is call the police (if she wants) then meet them out in the parking lot..... and say, "Hey guys, how about we go on up to MY apartment. They should have lit up by now!!".
Sheese..... you must be on 'medication'!

And here is my analysis:
“Louisiana does not allow medicinal use of marijuana.”
**** Ah Ha, an admission for legitimate usage!!

“There is NO requirement, or reasonable expectation, for ANYONE to tolerate illegal activity of any kind in their presence!”
**** Have you checked the “International Rules and Bonds of Friendship” or the “Codes of Cohabitation”. You’ll find under (T) Tolerance limitations, it’s somewhere after (S) Snoring.

“Super wrong here!! First, it IS illegal, DOH!! Second, as a tenant of the property, all she has to do is call the police (if she wants) then meet them out in the parking lot..... and say, "Hey guys, how about we go on up to MY apartment. They should have lit up by now!!".
**** Oh no not a 4th amendment violation discussion. I’m sure this scenario would be difficult to coordinate at the point of lit up. Since this is a covert operation wouldn’t it be better for Amy to wear a wire and hidden video camera. In either case a search warrant would be needed to prevent all evidence to be thrown out of court. A more reasonable scenario would be the cops would ask Amy to come down to the station to file a complaint. After that they would investigate for some corroborating evidence before requesting a judge to issue a search warrant All this work may be exhausting for the local Louisiana cops, any ideas on getting the Feds involved and making this a … ?

This is like talking to a log. And about as beneficial.

You have NO legal knowledge, or basis in your answers.

Thanks for critiquing my legal knowledge but in this case rather than suggest legal tactics, it is my advice for Amy to use COMMON SENSE. Involving the police in this matter will not resolve the situation but rather create long-term animosity within the entire community.